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Native American
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February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze
A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
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January 31, 2025
Amid Suits, Wis. Tribe Tickets For Use Of Contested Roads
A Wisconsin tribe embroiled in an ongoing dispute with the town of Lac du Flambeau over four tribal roads said they will ticket anyone who trespasses on them following a federal court ruling that said it couldn't restrict access to non-Native American homeowners.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
New EPA Leader's First Days Bring Heat From Senators, Staff
The U.S. Environmental Protection Agency's new chief is facing stiff tests from Democratic senators demanding answers about whether money Congress appropriated for grants has been inappropriately frozen and from workers speaking out about deteriorating morale.
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January 31, 2025
DOI Wins Remand Request In Wash. Tribe's Recognition Bid
A Washington federal judge has granted the U.S. Department of the Interior's voluntary motion to remand the Duwamish Tribe's federal recognition case so the DOI can review the tribe's petition under more recent guidelines, ruling that sending the matter back to the department may result in a new outcome.
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January 31, 2025
Tribes Back Bid At 4th Circ. To Undo Army Burial Order
Two South Dakota tribes that successfully repatriated the remains of their children from a U.S. Army Indian boarding school cemetery in Pennsylvania told the Fourth Circuit that it's problematic that a lower court ruled that a law designed to protect Native American graves doesn't apply to the site.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Another Oklahoma Judge To Take Senior Status
Judge Gregory Frizzell of the Northern District of Oklahoma has informed the president he will take senior status in March, making him the second judge from the state to make such an announcement in recent days.
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January 30, 2025
Former North Dakota Gov. Confirmed As Interior Secretary
The U.S. Senate on Thursday voted 79-18 to confirm President Donald Trump's selection for secretary of the U.S. Department of the Interior, former North Dakota Gov. Doug Burgum, who's vowed to advocate for expanded fossil fuel production.
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January 30, 2025
FERC Says Pacific NW Pipeline Approval Was By The Book
The Federal Energy Regulatory Commission is defending its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, telling the Fifth Circuit it reasonably determined that the project was needed and adequately reviewed its environmental impacts.
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January 30, 2025
Senate Bill Requiring AM Radio In Cars Is Back Again
Almost half the Senate has signed on to co-sponsor a bill that would block automakers from removing AM radios from the cars they produce, with the reintroduced AM Radio for Every Vehicle Act already set for a committee hearing early next month.
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January 30, 2025
Tribe's Alaskan Burial Site Dispute Paused During Talks
An Alaska federal court has agreed to pause a tribe's suit against state entities and the Federal Aviation Administration over excavations of archaeological artifacts and ancestral remains found during construction of an airport runway as the parties talk about resolving the dispute without further litigation.
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January 30, 2025
EPA Says Okla. Must Give Tribes Say In Enviro Policies
Oklahoma must work with its tribal nations in administering dozens of environmental polices, the U.S. Environmental Protection Agency has said in a decision modifying a previous order that allowed the Sooner State full regulatory authority over the majority of Indian Country.
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January 30, 2025
Muscogee Nation Sues Oklahoma DAs In Sovereignty Dispute
The Muscogee (Creek) Nation has filed a pair of lawsuits against Oklahoma District Attorneys Carol Iski and Matthew Ballard, accusing them of illegally prosecuting Native Americans for conduct committed on tribal lands despite the Supreme Court's 2020 McGirt ruling, days after the Cherokee, Chickasaw and Choctaw nations moved to intervene in similar U.S. government complaints.
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January 29, 2025
8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal
The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.
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January 29, 2025
Senate Confirms Former Rep. Lee Zeldin To Lead EPA
The U.S. Senate on Wednesday confirmed former New York congressman Lee Zeldin to lead the U.S. Environmental Protection Agency.
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January 29, 2025
2nd Circ. Rejects NY Tribe's Eel Fishing Regs Challenge
The Second Circuit has upheld a lower court's rejection of the Unkechaug Indian Nation's challenge to New York State Department of Environmental Conservation regulations on eel harvests, finding that an agreement dating back to 1676 is not federal law preempting state fishing regulations.
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January 29, 2025
Tribal Leaders Call Funding Freeze A 'Step In Wrong Direction'
Native American nonprofit groups and tribal leaders are weighing the effects of the Trump administration's possible federal funding freeze, calling the president's directive, which was revoked on Wednesday, shocking and vowing to bring legal action if necessary to protect Indian Country and the nation's Indigenous citizens.
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January 28, 2025
Stakeholders Worry Funding Freeze Will Hinder Connectivity
Advocates for increased broadband access in schools and libraries are sounding the alarm about the Office of Management and Budget memorandum calling on agencies to pause grant and loan disbursements, with broadband access advocates warning that the move would stop all Universal Service reimbursements and threaten coverage for rural and underserved areas.
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January 28, 2025
Energy Co. Seeks Abeyance In Dakota Access Pipeline Row
The operator of the Dakota Access Pipeline has asked the D.C. federal district court to suspend a South Dakota tribe's suit to shut down the pipeline's use until the court first rules on the tribe and federal government's competing motions for summary judgment.
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January 28, 2025
New FERC Chair Backs Status Quo For Gas Project Reviews
Newly minted Federal Energy Regulatory Commission Chairman Mark Christie told Law360 in an exclusive interview that he sees no reason to change the approval process for gas infrastructure projects despite recent court rulings that have dinged FERC for legally inadequate reviews.
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January 28, 2025
Calif. Says It Has Immunity In Tribal Gaming Compact Suit
Gov. Gavin Newsom and California told a federal judge that their sovereign immunity bars the Picayune Rancheria of the Chukchansi Indians' state-law claims in its suit over the parties' gaming compact, saying the tribe hasn't validly pled a violation of state law.
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January 28, 2025
Ariz. Judge Rejects Monument Challenge Due To Mining Ban
A federal district court judge dismissed the Arizona State Legislature's challenge to former President Joe Biden's proclamation that established an Indigenous site in the Grand Canyon region as a national monument, saying the lawmakers failed to show how the order would harm the state's mining revenue-related interests.
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January 28, 2025
Oklahoma Judge To Take Senior Status Next Year
Chief U.S. District Judge Ronald A. White of the Eastern District of Oklahoma has informed President Donald Trump that he will take senior status a year from now.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
Expert Analysis
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.