Native American

  • December 08, 2023

    ND Must Allow New Voting Map To Prevail In Suit, Tribes Say

    A federal judge is allowing two Native American tribes time to plead their case as to why an alternative version of a new state voting map should be used to correct Voting Rights Act violations should North Dakota lawmakers fail to meet a deadline requiring them to make the amendments themselves.

  • December 08, 2023

    Tribe Tells Fla. High Court Gaming Pact Is Constitutional

    Florida's Seminole Tribe on Friday defended state officials in a challenge to the legality of a 2021 pact allowing the tribe to receive online sports betting wagers, saying in a brief filed with the state Supreme Court that the agreement is consistent with the Indian Gaming Regulatory Act.

  • December 08, 2023

    Revised Rules Allow Tribes To Have A Say On Native Remains

    The U.S. Department of the Interior has issued a final rule revising a 30-year-old law that will streamline the process for Indigenous communities seeking the return of their ancestral remains and cultural objects, a move tribes have wanted for years as they continued to face barriers in their attempts.

  • December 08, 2023

    Profs Warn Against Feds' Admin. Law Argument At 9th Circ.

    A group of 20 law professors urged the Ninth Circuit to avoid conflating injunctions and vacatur in environmental and administrative law cases, after a panel paused a Washington federal judge's order that would have halted summer and winter commercial Chinook salmon troll fishing in southeast Alaska.

  • December 08, 2023

    Enviro Orgs. To Drop Suit Over Axed Lithium Exploration

    The Center for Biological Diversity and Amargosa Conservancy are moving to dismiss their paused suit challenging a temporarily axed lithium exploration project near the Ash Meadows National Wildlife Refuge in southeast Nevada, saying they've struck an agreement with federal agencies to settle the case.

  • December 07, 2023

    Biden Executive Order Reforms Tribal Funding Access

    President Joe Biden has signed an executive order that will make it easier for tribal nations to access and invest federal funds, giving them greater autonomy over their use of resources.

  • December 07, 2023

    Congress Members Pitch Bill Letting States Set Pot Policy

    Members of Congress on Thursday unveiled a revamped version of a bipartisan bill to allow states, tribes and U.S. territories to implement their own marijuana policies without interference from federal prohibition.

  • December 07, 2023

    Feds Say Lack Of Funding, Officers Fueling Native Drug Crisis

    A shortage of federal law enforcement, spare funding, jurisdictional issues, remote locations and bureaucratic red tape are all feeding into the fentanyl crisis plaguing Indian Country, federal officials told the U.S. Senate Indian Affairs Committee, yet there are no fast or easy answers on how to quell the problem.

  • December 07, 2023

    NY Tribe, County Reach Deal In Vehicle Use Tax Row

    The Saint Regis Mohawk Tribe and local government officials have reached a settlement in the tribe's attempt to bar a New York county from imposing vehicle use taxes against its members.

  • December 07, 2023

    5th Circ. Presses San Antonio On Park Plan Worship Problems

    A Fifth Circuit panel on Thursday leaned on San Antonio to show it considered ways to renovate a city park that would preserve a riverfront area sacred to a Native American church that accuses the city of trampling on its religious practices.

  • December 07, 2023

    Senate Advances Ex-Cherokee AG, 2 Other Judicial Nominees

    The Senate Judiciary Committee on Thursday approved three judicial nominees with bipartisan support, including the former attorney general of the Cherokee Nation, who also held other positions in the tribe.

  • December 06, 2023

    Study Will Focus On Indian Reorganization Period, DOI Says

    A new collaborative study by Indigenous tribes and the National Park Service will focus on the Indian Reorganization Period to help broaden understanding of the era and allow for a possible list of properties to examine for future National Historic Landmarks, the Department of Interior said on Wednesday.

  • December 06, 2023

    States Seek To Void CWA's Expanded Permit Powers Rule

    Eleven states and three industry groups are challenging a Clean Water Act rule revision that allows states and tribes to block projects over potential impacts on water resources, saying it increases their environmental agencies' workloads and forces them to defend in court why they didn't consider every potential hazard.

  • December 06, 2023

    Groups Renew Fight To Block Willow Construction At 9th Circ.

    The Sovereign Iñupiat for a Living Arctic and conservation allies are urging the Ninth Circuit to block winter construction on the Willow oil and gas project on Alaska's North Slope as the court considers their appeal of a ruling upholding Bureau of Land Management approvals for the controversial energy development.

  • December 05, 2023

    People Of Color Face Racism, Worst Outcomes In Healthcare

    A significantly higher percentage of Black adults and other people of color say they have faced unfair treatment when seeking healthcare compared with white people, according to a Kaiser Family Foundation survey released Tuesday.

  • December 05, 2023

    States Ask Justices To Ignore US Objections To Water Deal

    Texas, New Mexico and Colorado are asking the U.S. Supreme Court to reject the federal government's objections to a proposed consent decree that resolves a long-running dispute over Lower Rio Grande water resources.

  • December 05, 2023

    DC Judge Won't Waver On Wash. Tribe's Recognition Ruling

    A D.C. federal judge on Monday declined a request by a Washington tribe to vacate an order denying it federal recognition for the fourth time, saying it presented claims that were already resolved and the information it provided didn't qualify as "changed circumstances" under the Federal Rules of Civil Procedure.

  • December 05, 2023

    North Dakota Secretary Of State Seeks Stay In VRA Ruling

    North Dakota Secretary of State Michael Howe is asking a federal district court judge to stay a ruling requiring the state's lawmakers to address Voting Rights Act violations, saying the judgment that also barred him from allowing the nomination or election of candidates in contested districts makes it impossible to receive meaningful appellate review before the new 2024 election map must be finalized.

  • December 04, 2023

    Justice Jackson Skeptical Of Sacklers' Ch. 11 Liability Shield

    As Purdue Pharma LP and its creditors pushed the U.S. Supreme Court on Monday to bless liability releases granted to members of the Sackler family who own it, a skeptical Justice Ketanji Brown Jackson said it was the owners themselves who created the necessity in the first place by withdrawing billions of dollars from the business before its bankruptcy.

  • December 04, 2023

    Justices Take Cautious Look At Sacklers' Purdue Immunity

    U.S. Supreme Court justices on Monday challenged a bankruptcy watchdog's position that members of the Sackler family shouldn't get a liability shield in Purdue's Chapter 11 plan, focusing discussion on why such immunity might never be appropriate in the most foundational bankruptcy dispute to make it to the high court in several years.

  • December 04, 2023

    DeSantis Says Online Sports Betting Isn't 'Casino Gambling'

    Florida Gov. Ron DeSantis urged the state's high court to uphold a pact with the Seminole Tribe for online sports betting, saying that the activity isn't covered by a constitutional provision limiting casino gambling and that the law is being challenged with the wrong type of petition.

  • December 04, 2023

    Tribes Are Trying To Redraw Jurisdictional Map, Alaska Says

    Two Native American tribes are attempting to redraw Alaska's jurisdictional map already set by Congress decades ago by taking a small parcel of land into trust in downtown Juneau, the state says, adding that their claims to the contrary defy logic. 

  • December 04, 2023

    ConocoPhillips Cleared To Work On Arctic Project This Winter

    An Alaska federal judge is allowing ConocoPhillips to resume work on its controversial Willow oil and gas project this winter, rejecting conservation groups' attempt to put it on hold as they appeal a ruling upholding the federal approvals for the Arctic energy development.

  • December 04, 2023

    Mont. Asks State High Court To Block Youth Climate Ruling

    Montana asked the state Supreme Court to block a lower court's decision to invalidate legislation that prohibited regulators from considering greenhouse gas emissions in permitting decisions while its appeal unfolds.

  • December 04, 2023

    Native Association Seeks To Ax Group's NFL Conspiracy Bid

    The National Congress of American Indians says a group's assertions that it conspired with the NFL to defame the group for petitioning to change the Washington Commanders' name back to Redskins is "riddled with naked assertions and conclusory statements" that warrant dismissal.

Expert Analysis

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

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    In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

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