Native American

  • July 09, 2024

    'Plain English, Graphics, Pictures': Enviro Policy Post-Chevron

    Environmental policymakers will have to start writing their rules using "plain English, graphics, pictures" and other tactics to make the rationale behind agency and congressional policy crystal clear to judges in the wake of the U.S. Supreme Court's recent decision striking down Chevron deference, attorneys told Law360.

  • July 09, 2024

    Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award

    An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.

  • July 09, 2024

    Bill Would Approve Largest Tribal Water Rights Settlement

    A bipartisan group of Arizona federal lawmakers has introduced legislation that, if approved, would authorize the country's largest Native American water rights settlement and resolve claims by the Navajo Nation and the San Juan Southern Paiute and Hopi tribes.

  • July 08, 2024

    Tire Cos. Say Fishing Groups' Claims Fall Flat In ESA Row

    Tire companies are pushing a California federal court to toss an Endangered Species Act suit over a rubber additive that harms salmon, saying the case by fishing groups wrongly seeks to transform the ESA into a product regulatory statute that steps outside the act's congressional intent.

  • July 08, 2024

    BLM Faces Challenges To Alaska Oil Reserve Protections

    The state of Alaska and a nonprofit group are seeking to vacate a federal rule ensuring maximum environmental protections for more than 13.1 million acres in the state's National Petroleum Reserve and banning new oil and gas leasing on another 10.6 million acres, arguing the new law turns the land into a "de facto" wilderness.

  • July 08, 2024

    Tribe Says NY Counties Want It To Pay For 911 Access

    The Cayuga Nation says two New York counties have been refusing to forward 911 calls happening on the tribal land to the Nation's police department unless it pays, coordination that the tribe says no other law enforcement pays for and that the state says it has to do anyway.

  • July 05, 2024

    Miss. Casino Aims To Void Cherokee Ark. Gaming License

    A Mississippi casino is asking a judge to void an Arkansas gaming license issued to Cherokee Nation Entertainment, arguing a county judge and other legislative officials were coerced into offering support for its casino proposal through an economic development agreement that forced them to back only one applicant.

  • July 05, 2024

    Judge Says Michigan Not Immune From Enbridge's Line 5 Suit

    A federal judge ruled on Friday that Michigan state officials can't quash a lawsuit from Enbridge Energy LP aimed at ending their efforts to shut down a U.S.-Canada pipeline that traverses the Great Lakes State.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Feds Say Alaska Tribes Can't Prevail In Broadband Row

    The U.S. Department of Agriculture's Rural Utilities Service says that it shouldn't be forced to retract $70 million in broadband funds it gave to two Alaskan telecoms because the tribes challenging its decision don't count as tribes under the definition the program is using.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    DOJ Says Ayahuasca Church Doesn't Deserve $2.2M Fees

    The U.S. government is urging an Arizona federal judge to deny a Phoenix church's request for $2.2 million in fees and costs following a settlement allowing it to use ayahuasca in its religious practices, saying no fees are warranted for an unnecessary suit that would've reached the same resolution through normal processes.

  • July 03, 2024

    Lawmakers Want Answers In Kan. Tribal College Investigation

    A group of congressional lawmakers is urging the Bureau of Indian Education director to assist in their ongoing investigation of misconduct by Haskell Indian Nations University, the Interior Department and the federal agency itself, saying they have repeatedly asked for documentation identifying the specific allegations.

  • July 03, 2024

    Alaskan Tribe Says It Can't Get Access To Burial Site

    The governing body of an Alaska Native Tribe is suing several state entities and the Federal Aviation Administration, claiming they are preventing the tribe from performing excavations of archaeological artifacts and ancestral remains found during construction of an airport runway.

  • July 03, 2024

    California Tribe Sues Over 'Princeology' RICO Scheme

    A California tribe is suing its former council chairwoman and two members of her nonprofit's board of directors, alleging they devised a scheme to funnel hundreds of thousands of dollars in legal fees and insurance costs to cover her Prince memorabilia collection and continue to "squat" on its property to block its sale.

  • July 03, 2024

    FCC Denies 'Blanket Amnesty' If Cos. Drop Network Projects

    The Federal Communications Commission said Wednesday it will not provide blanket relief from FCC penalties against broadband providers that pull out of rural deployment commitments, but will weigh companies' individual circumstances.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 02, 2024

    Tribal Nations Want In On Red States' Water Rule Dispute

    Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.

  • July 02, 2024

    Georgia Wants 11th Circ. To Undo Blocks On Election Law

    The state of Georgia has urged the Eleventh Circuit to undo the enjoining of two provisions of the state's controversial 2021 election law, including a ban on handing out food and drinks to voters waiting in line that the state called a "prophylactic" against electoral interference.

  • July 02, 2024

    Calif. Tribe Members Say Racial Ancestry Case Is Valid

    Family members seeking control of the California Valley Miwok Tribe have told a federal court that the U.S. Department of the Interior wrongly claims they must submit to a process designed to determine their racial ancestry, even though the process is unregulated.

Expert Analysis

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

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    In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Series

    In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

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