abstract. This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title’s congressional-intent requirement strictly and renews the relevance of an […]
Journal
Yale Law Journal – The Separation-of-Powers Counterrevolution
abstract. Most jurists and scholars today take for granted that the U.S. Constitution imposes unwritten but judicially enforceable limits on how Congress and the President may construct their interrelationships by statute. This “juristocratic” understanding of the separation of powers is often regarded as a given or inherent feature of American […]
Yale Law Journal – State Water Ownership and the Future of Groundwater Management
abstract. Climate change—bringing worse drought and more erratic weather—will both increase our need for groundwater and shrink the amount available. Managing dwindling groundwater reserves poses stark legal and policy challenges, which fall largely on the states. But in many states, antiquated legal regimes allow for an unrestricted race to pump […]
Yale Law Journal – Policing the Polity
abstract. The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of “Chinese descent” living in the United States to display a certificate of […]
JND Legal Administration Named #1 Class Action Claims Administrator by The National Law Journal
SEATTLE–(BUSINESS WIRE)–JND Legal Administration (JND), the U.S. leader in legal administration services, has again been named the nation’s #1 Class Action Claims Administrator by The National Law Journal (NLJ) in its 11th annual ‘Best Of’ supplement. Having placed in this award category three times in the last four years, JND […]