Native American

  • October 18, 2024

    Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told

    The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.

  • October 17, 2024

    Tulsa Massacre Survivors Want Accountability In DOJ Review

    The federal government, in its first probe into one of the deadliest episodes of mass racial violence in the country's history that came during a period of Black affluence in an Indian Country community, is asking the public to come forward with more information that can help its review.

  • October 17, 2024

    Supreme Court Signals Skepticism On Staying Federal Rules

    A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.

  • October 17, 2024

    FERC Adds Tribal Protections To Transmission Siting Rule

    The Federal Energy Regulatory Commission unanimously finalized its rule updating how the agency plans to carry out its limited authority over siting transmission lines during its monthly meeting on Thursday.

  • October 17, 2024

    BIA Says Officer's Evals, Report Off Limits In Liability Dispute

    The Bureau of Indian Affairs says a Northern Cheyenne woman who was sexually assaulted by one of its former officers isn't entitled to his psychological evaluation or criminal presentencing report, arguing that the information is protected under state and federal law in the dispute over the federal agency's liability.

  • October 16, 2024

    Colo. Says Tribes' Sports Betting Concerns Too 'Theoretical'

    Colorado Gov. Jared Polis has urged a federal judge to toss a lawsuit brought by two Native American tribes alleging the state can't regulate their online sports betting activities, arguing the tribes' concerns are "purely theoretical" because they currently don't have betting enterprises.

  • October 16, 2024

    Rule Will Boost Alaskan Native Reps On Subsistence Board

    The federal government on Wednesday announced a final rule that will strengthen Alaskan Indigenous representation on the Federal Subsistence Board by, for the first time, adding members nominated by the tribes that will be impacted by the board's decisions on the state's land and waters.

  • October 16, 2024

    5th Circ. Pauses Block Of Texas Election Law

    The Fifth Circuit on Tuesday pressed pause on a San Antonio judge's order blocking part of a controversial Texas election law, writing that a change in law less than three weeks before voters will cast their ballots will cause undue confusion during the election.

  • October 16, 2024

    NY State Judge Says He's Immune In Tribe's Eviction Suit

    A New York state judge has urged a federal court to throw out a Cayuga Nation lawsuit accusing him of interfering with the tribe's sovereign authority as it looks to evict two tribal members from properties on reservation land, saying he is immune from the suit.

  • October 16, 2024

    Draft Of Recognition Rule Nearly Set For Review, Court Told

    A draft of an Interior Department's final rule on federal recognition for Native American tribes is expected to land before the Office of Information and Regulatory Affairs no later than Nov. 15, Secretary Deb Haaland told a D.C. federal court.

  • October 16, 2024

    DC Circ. Urged To Let Feds Fix Pipeline Safety Rules

    A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.

  • October 16, 2024

    2023 Minority Law Grads Are Still Finding Jobs At Lower Rates

    Law school graduates of color from the class of 2023 continue to find employment at lower rates than their white peers despite a red-hot job market, according to a report released Wednesday.

  • October 15, 2024

    Tribes, Backers Urge Justices To Take On Oak Flat Dispute

    Tribes, religious groups and scholars are backing a bid in the U.S. Supreme Court to overturn a Ninth Circuit ruling allowing part of the Tonto National Forest that is sacred to the Western Apache to be destroyed for a copper mine proposed by a Rio Tinto and BHP venture.

  • October 15, 2024

    Navajo President Asks Vice President To Resign From Office

    Navajo Nation President Buu Nygren has asked Vice President Richelle Montoya to resign from her position, arguing that her efforts backing a recent petition led by the tribe's former human resources director to recall him from office is the second-in-command's "formal break" from his administration.

  • October 15, 2024

    Standing Rock Sioux Ask Court To Shut Down Dakota Pipeline

    The Standing Rock Sioux Tribe is asking a federal court to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing its latest emergency response plan fails to include a realistic calculation of a worst-case scenario liquid discharge.

  • October 15, 2024

    Motley Rice May Avoid DQ In Boston Opioid Case, Judge Hints

    A Massachusetts federal judge on Tuesday appeared skeptical of a bid by pharmacy benefit manager OptumRX to disqualify Motley Rice LLC from representing the city of Boston in a lawsuit over the company's alleged role in the opioid crisis.

  • October 15, 2024

    EPA Says GHG Power Plant Rule Is In 'Heartland' Of Authority

    The U.S. Environmental Protection Agency is urging the D.C. Circuit to approve its plan to control greenhouse gas emissions from power plants, saying its prescribed methods for controlling releases are legally sound, effective, reliable and reasonably affordable for the facilities that must implement them.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 11, 2024

    11th Circ. Reinstates, Remands Alabama Burial Ground Fight

    An Eleventh Circuit panel on Friday vacated and remanded a lower court's order in a fight between two Alabama tribes over a sacred burial site, saying it failed to review the litigation's sovereign immunity issues on a claim-by-claim basis.

  • October 11, 2024

    Tribes, Enviro Orgs. Can Defend EPA In Pebble Mine Row

    A federal judge in Alaska has allowed a slew of environmental groups and Alaskan tribes to defend the U.S. Environmental Protection Agency's decision to block the planned creation of the controversial Pebble Mine, saying they made a convincing argument that intervention is warranted.

  • October 11, 2024

    Wash. Tribal Panel Upholds Eviction Ruling Against Families

    An appeals court for Washington state's Nooksack Indian Tribe has declined to reconsider a ruling that would evict a group of families claiming title under a federal homeownership program.

  • October 11, 2024

    Parties Look To Vacate 40-Year-Old Ore. Tribal Fishing Decree

    The U.S. government, Oregon and a Native American tribe are asking a federal court to vacate a 1980 agreement that established hunting and fishing rights for the tribe, arguing that the consent decree was a product of its time and represented a distorted view on tribal sovereignty.

  • October 11, 2024

    RICO Suit Accuses VC Co. Of Falsely Claiming Native Ties

    Three California corporations have hit the owners and operators of a venture capital firm with a racketeering suit in federal court, accusing them of falsely claiming they have Native American ties and can procure grants and loans for development projects managed by non-Native entrepreneurs.

  • October 11, 2024

    Feds Designate 3rd-Largest Marine Sanctuary Off Calif. Coast

    The Biden administration on Friday said the National Oceanic and Atmospheric Administration is designating more than 4,500 square miles of ocean off California's central coast as the Chumash Heritage National Marine Sanctuary.

Expert Analysis

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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