Native American

  • May 29, 2024

    Texas Judge Bans Using $1.4B Border Wall Funds For Repairs

    A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.

  • May 29, 2024

    NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row

    The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.

  • May 28, 2024

    Agribiz Pushes Ninth Circ. To Reverse Land Swap Decision

    A global agribusiness with operations in Idaho has again asked the Ninth Circuit to reverse a lower court's "misguided" holding under the National Environmental Policy Act that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer.

  • May 28, 2024

    Hawaii Warns Telecom Co.'s Loan Woes Will Affect Consumers

    The Department of Hawaiian Home Lands is warning customers who live in the home lands and use Sandwich Isles Communications for phone and internet service that they need to switch companies immediately or risk losing service, but Sandwich Isles is blaming the state agency for the issue.

  • May 28, 2024

    2 Alaska Tribes Want USDA Broadband Allotment Blocked

    Two Alaskan tribes suing the U.S. Department of Agriculture for allegedly failing to get required tribal approval before giving out $70 million in broadband grants are now asking the federal judge hearing the case to stop any funding from going out until their challenge is heard.

  • May 28, 2024

    Tribe Says Enbridge's Trespass Concern Wasted Court's Time

    A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.

  • May 28, 2024

    Approach The Bench: Judge Humetewa Talks Tribal Relations

    Before she joined the federal bench in Arizona, Judge Diane Humetewa worked as a jurist on a relatively young court, where she regularly set new legal precedent.

  • May 24, 2024

    SD Tribe Says Feds Won't Give Up Info Amid Safety Crisis

    The Crow Creek Sioux Tribe is suing the Bureau of Indian Affairs' Office of Justice Services, asking a federal district court to order the agency to hand over five years of budget records in an effort to combat a public safety crisis on its reservation.

  • May 24, 2024

    Treaty Wants Patents To Cite Ties To 'Traditional Knowledge'

    Members of the United Nations announced a treaty Friday that would potentially change mandatory patent disclosure rules in order to require applicants to cite "traditional knowledge" developed by "indigenous peoples," requirements that have drawn concerns from lawyers for the pharmaceutical industry in the U.S. and at least one former federal judge.

  • May 24, 2024

    Florida Urges Quick Appeal Of Wetlands Permitting Decision

    The state of Florida has pushed to expedite its appeal of a lower court ruling that stripped the state of its federally delegated authority to permit wetlands development after the D.C. Circuit declined to pause the ruling's implementation earlier this week.

  • May 24, 2024

    Fla. Jury Finds Ayahuasca Church Liable For Attendee's Death

    A Florida state court jury has found that an ayahuasca church is liable for the death of a man who used psychedelic drugs at a weekend retreat in 2018, and has determined that the organization and its owner should pay more than $15 million to the man's parents.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 23, 2024

    SD Governor Now Banned By All Nine Of State's Tribes

    The Flandreau Santee Sioux Tribe is asking South Dakota Gov. Kristi Noem to clarify and apologize for her repeated statements that tribal leaders are working with drug cartels after its executive council voted to ban her from their lands, becoming the last of the state's nine tribes to take such action.

  • May 23, 2024

    House Members Approve Closing Delta-8 Hemp 'Loophole'

    A U.S. House of Representatives committee on Thursday approved a major change to the statutory definition of hemp and hemp products — which would effectively rewrite national hemp policy if it became law — in the next version of the federal Farm Bill.

  • May 23, 2024

    Feds Agree To Clean, Close Dump Site For Tribal Nations

    The U.S. Environmental Protection Agency has reached an agreement with the Bureau of Indian Affairs to properly clean and shut down a 70-year-old solid waste dump site on tribal lands in northern Arizona, saying federal law requirements for its closure haven't been followed since 1997.

  • May 23, 2024

    Enbridge Says Tribe's Trespass Law Could Cost It Millions

    Enbridge Energy told the Seventh Circuit that a Wisconsin tribe's recently publicized trespass ordinance could cause the company to pay millions of dollars in civil penalties if the appeals court rules that its 645-mile crude oil pipeline is trespassing on the tribe's land.

  • May 23, 2024

    FERC Cements 1-Year Window For State, Tribal Water Permits

    The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.

  • May 22, 2024

    Arizona Officials Spar Over Stay In Voting Rights Fight

    Arizona Secretary of State Adrian Fontes is asking a federal district court to deny a bid by the state's top lawmakers and the Republican National Committee to pause a decision to bar provisions of voting legislation from being enforced, arguing that a change this close to an election would create confusion.

  • May 22, 2024

    Fla. Gaming Compact Contradicts Law, High Court Told

    Two Florida casino operators seeking to undo a sports gaming compact between the state and the Seminole Tribe fired back at the federal government's claims that the agreement is legal, arguing that its language contradicts the Indian Gaming Regulatory Act.

  • May 22, 2024

    Feds And Enviro Groups Fight Utah Counties' High Court Bid

    The United States, a Colorado county and five environmental groups are fighting a bid by a coalition of Utah counties to win a U.S. Supreme Court review of a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from the state.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    NY Judicial Nominee Defends Record Amid GOP Criticism

    A judicial nominee for a New York federal court stood by her ruling allowing an inmate convicted of sex offenses to transfer from a male to female prison, amid concerns from Republicans that led to some dramatics Wednesday in a congressional hearing room.

  • May 21, 2024

    BNSF Judge Said Trespass Payout Will Be Distance-Based

    BNSF Railway Co. will have to give up profits from at least part of its 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, a federal judge ruled Monday.

  • May 21, 2024

    9th Circ. Vacates, Remands Tribe's Fishing Rights Dispute

    A Ninth Circuit panel said Tuesday that a challenge by a Washington tribe seeking to expand its fishing rights warrants further review, arguing that a lower court's ruling that a 19th century treaty did not include its accustomed grounds should be vacated and remanded to examine evidence of its village, presence and activities in the claimed waters. 

  • May 21, 2024

    Foxwoods Restaurant Servers Win Class Cert. in Wage Feud

    A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.

Expert Analysis

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

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