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Native American
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September 24, 2025
Smoke Shop Avoids Sanctions But Must Actually Talk To Tribe
Retailers accused by the Cayuga Nation of running an unauthorized cannabis shop won't be sanctioned for allegedly failing to turn over daily sales records, which they had destroyed for years, but a New York federal court has ordered them to produce those records going forward and is requiring both sides to confer in good faith "by actually speaking to each other."
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September 23, 2025
UC Researchers Win Expanded Injunction Against Grant Cuts
A California federal judge Monday issued another preliminary injunction ordering the Trump administration to reinstate grants awarded to University of California researchers, this time resurrecting grants awarded by the U.S. Department of Defense, the U.S. Department of Transportation and the National Institutes of Health.
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September 23, 2025
Alaska Tribe Fights State's Bid To Revive Gaming Case
An Alaskan Native Village is fighting a request by the state to reopen a dispute that rejected the tribe's bid to secure the right to open a bingo hall, telling a D.C. federal court there's nothing to enforce in the matter.
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September 23, 2025
Tribe Fights Mont. County's Bid To Delay Voting Rights Case
An Indigenous tribe is fighting a county's bid to pause its voting rights lawsuit in Montana federal court, arguing that a dilutive map illegally supports an "at large" election system that has resulted in a failure to meet the needs of tribal citizens.
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September 23, 2025
Neb. Tribe Seeking Kids' Remains Fights Army's Defense
A Native American tribe seeking to repatriate children's remains currently held on U.S. Army property told the Fourth Circuit on Tuesday that the federal government is misrepresenting the tribe's complaint by claiming the tribe improperly said it couldn't locate living relatives.
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September 23, 2025
9th Circ. Rejects Rehearing On Arizona Voting Restrictions
The Ninth Circuit has said it will not reconsider its decision that certain provisions of two Republican-backed Arizona voting laws violated federal law by requiring residents to provide proof of citizenship to vote by mail and in presidential elections.
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September 23, 2025
Social Media Giants Must Face Expert Testimony On Harm
A California state judge ruled Monday that jurors set to consider claims against major social media technology companies for allegedly causing harm to young users' mental health will be allowed to hear expert testimony about potential injuries inflicted by the design and operation of the platforms.
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September 23, 2025
DOJ Adds Tribes To Program Enhancing Crime Data Exchange
The U.S. Department of Justice has selected six federally recognized Indigenous nations to participate in efforts to continue expansion of the Tribal Access Program for National Crime Information that will give their law enforcement and government access to databases maintained by the FBI's Criminal Justice Information Services Division.
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September 22, 2025
8th Circ. To Hear Tribal Tesoro Pipeline Row In October
The Eighth Circuit has set arguments for Oct. 21 in North Dakota tribal members' challenge to a lower court's decision that denied them intervention in a lawsuit against the federal government's right-of-way trespassing claims against Tesoro High Plains Pipeline.
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September 22, 2025
34-Year DOJ Enviro Atty, Deputy Assistant AG, Joins Bracewell
A career U.S. Department of Justice environmental lawyer, who most recently was the deputy assistant attorney general of the agency's Environmental and Natural Resources Division, has taken his first role in private practice at Bracewell LLP, where he'll work as a partner, the firm announced Monday.
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September 22, 2025
ND Urges High Court To Expedite Tribal Voting Rights Ruling
North Dakota Secretary of State Micheal Howe is urging the U.S. Supreme Court to decide as soon as possible whether to take up two tribes' petition for certiorari in their challenge to the state's voting map, saying state officials need time to fairly prepare for and administer the 2026 elections.
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September 22, 2025
Feds Oppose Calif. Tribes' Bid To Halt Casino Dispute
The U.S. government has asked a District of Columbia federal court judge to reject a stay motion filed by three California Native American tribes that are challenging the approval of another tribe's casino-resort project, arguing that the trio has failed to justify pausing the suit before the court rules on the government's request for a Golden State federal court transfer.
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September 22, 2025
Judge Rules Revolution Wind Can Restart Wind Farm Work
A D.C. federal judge gave Revolution Wind the green light to restart work on its billion-dollar wind farm off the Rhode Island coast Monday, halting a stop work order issued by the Trump administration last month, two years after the project got federal approval from the Biden administration.
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September 19, 2025
Calif. Official Questions FCC Power To Trim Historic Reviews
The head of California's Office of Historic Preservation has criticized the Federal Communications Commission's decision to weigh regulatory changes that would streamline environmental and historic reviews for wireless broadband infrastructure projects.
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September 19, 2025
Bills Would End Emergencies For Tariffs On Brazil, Canada
A national emergency underpinning U.S. tariffs imposed on Canada and another one justifying most American tariffs on Brazil would be ended under a pair of resolutions introduced with bipartisan support by Sen. Tim Kaine, D-Va.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Groups Decry Bid To Roll Back Ariz. Monument Protections
Conservation groups are denouncing congressional legislation that, if approved, would nullify protections on two Indigenous national monuments in Arizona that were put in place to prevent new uranium, copper and gold mining of the sites.
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September 19, 2025
Michigan Justices To Weigh Enbridge Pipeline Tunnel Dispute
The Michigan Supreme Court agreed Friday to hear challenges to state regulators' approval of an Enbridge Energy LP plan to construct a miles-long tunnel for a petroleum pipeline underneath a Great Lakes shipping corridor.
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September 18, 2025
SEC Drops Hunter Biden Biz Pal's Case After Trump Pardon
The U.S. Securities and Exchange Commission has voluntarily dismissed its civil claims against Hunter Biden's former business partner Devon Archer, who President Donald Trump pardoned earlier this year after he was convicted of helping to execute a $60 million bond scam against a South Dakota tribal corporation.
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September 18, 2025
Alaska Asks Justices To End Feds' Subsistence Fishing Regs
The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.
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September 18, 2025
Groups Look To Block EPA's $3B Grant Cuts Amid Appeal
Conservation, tribal groups, and local and county governments are looking to block the U.S. Environmental Protection Agency from terminating a $3 billion climate grant program while they appeal a decision that dismissed their claims, arguing that public interest and equities weigh heavily in their favor.
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September 18, 2025
Army Challenges Tribe's Claims In Burial Dispute At 4th Circ.
The U.S. Army told the Fourth Circuit this week that a tribe seeking the repatriation of remains from a former Pennsylvania Native American boarding school was wrong to claim that it couldn't find living relatives of the entombed children, citing a news article pointing to the existence of those relatives.
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September 18, 2025
EPA Will Maintain Hazardous Designations For PFOA, PFOS
The U.S. Environmental Protection Agency has said it will defend the Biden administration's decision to list two common forever chemicals as hazardous substances under the federal Superfund law.
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September 18, 2025
DOI Escapes Osage Nation's $4.9M Self-Determination Suit
A D.C. federal judge threw out a $4.9 million lawsuit over self-determination by the Osage Nation on claims that the U.S. Department of the Interior unlawfully rejected the tribe's final offer to amend a multiyear funding agreement with the DOI's Bureau of Indian Affairs.
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September 18, 2025
Chinook Tribe Asks High Court To Reverse Recognition Denial
The Chinook Indian Nation is asking the U.S. Supreme Court to undo a Ninth Circuit order that denied the tribe federal recognition, arguing that the appellate court misinterpreted a law that lays a path for the status through judiciary or regulatory decisions.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Preserving Refunds As Tariffs Await Supreme Court Weigh-In
In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Unpacking A New Era of Compliance For Submarine Cables
After decades of operating under its old regulatory framework, the Federal Communications Commission has modernized its oversight of submarine cable infrastructure, which presents a complex array of legal and policy challenges, including heightened national security vulnerabilities, say attorneys at Troutman.