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Native American
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August 27, 2025
NC City Scraps Race-Based Board Criteria To End Bias Suit
The city of Asheville, North Carolina, has agreed to remove race qualifications from the appointment process for a volunteer advisory board, resolving racial discrimination claims brought by five residents who said their applications were rejected because they are white.
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August 26, 2025
Proposed NIH Class Can Join UC Grant Cuts Suit, Judge Says
A California federal judge ruled Tuesday that a proposed class action seeking to reinstate grants awarded to University of California researchers that were nixed pursuant to President Donald Trump's executive orders can amend the complaint to add researchers whose National Institutes of Health grants have been recently suspended.
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August 26, 2025
USDOT Threatens States With Funding Cuts Over Truck Safety
The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.
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August 26, 2025
FOIA Results Wanted Before Ruling In DOGE Disclosure Suit
A D.C. federal judge said he wants to see how the Trump administration responds to Freedom of Information Act requests submitted in February before deciding on the government's motion to dismiss an environmental group's suit claiming that DOGE teams working in federal agencies have violated transparency laws.
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August 26, 2025
Feds Look To Dismiss Calif. Tribe's $700M Casino Dispute
The U.S. Department of the Interior, with the backing of two tribes and the California Gaming Association, is looking to dismiss a lawsuit over its decision to temporarily nix eligibility for a proposed $700 million casino and hotel project, arguing it doesn't constitute a final agency action under the Administrative Procedure Act.
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August 26, 2025
Studio Mogul Demands Jury In $2.8M Mohegan Sun Debt Suit
A former Hollywood studio mogul told a Connecticut state court that the Mohegan Tribal Gaming Authority lured him into accumulating nearly $5 million in debt, knowing he was a "problem gambler," and now incorrectly wants to pursue its collection case against him without a jury.
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August 25, 2025
Fla. ICE Official Warns Detention Center Closure Risks Safety
The field office director for U.S. Immigrations and Customs Enforcement in Miami urged a Florida federal court to keep a temporary detention center in the Everglades in operation, saying in a motion to pause an injunction that closing the facility will endanger the community.
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August 25, 2025
California Tribe Looks To Undo Casino Union Arbitration Order
A California federal judge should nix an arbitrator's finding that a labor agreement, rather than tribal law, governs unionization at a Native American casino, the Wilton Rancheria tribe argued in a new lawsuit.
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August 25, 2025
Unions Urge 9th Circ. To Uphold Order Halting Bargaining EO
The American Federation of Government Employees and other unions defended a lower court injunction halting several federal agencies from enforcing an executive order focused on eliminating labor contracts covering agencies that have "national security" aims, arguing the president's directive was retaliatory.
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August 25, 2025
Native Artist, Colorado Town Settle Dispute Over Gaza Post
A Colorado town and an Indigenous artist have settled a free speech dispute that the American Civil Liberties Union says will bring significant policy changes to the municipality, including a new art program for underrepresented and economically disadvantaged people, including those of Native American ancestry.
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August 25, 2025
Economists Say FCC Copper Line Phaseout Needed
Several outside economists told the Federal Communications Commission that its plan to phase out legacy copper telecommunications lines represents a rare chance to modernize FCC rules and should rank as a top priority.
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August 25, 2025
Alaska Looks To Reopen Tribal Gaming Lease Dispute
Alaska is asking a D.C. federal court to reopen a dispute that rejected an Indigenous tribe's bid to secure the right to open a bingo hall, alleging that the tribe is now claiming governmental powers over the land and treating it as Indian Country under the Indian Gaming Regulatory Act.
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August 25, 2025
Feds, Wind Farm Backers Duel For Wins In Permitting Fight
As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.
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August 22, 2025
Split 9th Circ. Halts Land Swap With Idaho Tribes' Backing
A split Ninth Circuit panel on Friday upheld a lower court's decision to invalidate an Interior Department land transfer in Idaho for the expansion of a phosphogypsum plant, saying that a 1900 federal law limits the disposal of treaty-ceded lands.
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August 22, 2025
New York Says There Is No 'Native Ban' In Mascot Dispute
The New York Board of Regents is asking a federal court to toss a suit that looks to block the state's ban on the use of Indigenous mascots in public schools, arguing that the challenge falls short of identifying any constitutional or statutory violation.
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August 22, 2025
EEOC Seeks To Pry Loose Info In Native American Bias Probe
The U.S. Equal Employment Opportunity Commission said Friday that it asked a New Mexico federal judge to enforce subpoenas seeking testimony from school administrators in a workplace investigation into Native American bias, after the district balked at the probe and called it a "fishing expedition."
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August 22, 2025
Tribe Member Can't Discharge Tax Debt, 10th Circ. Affirms
An Oklahoma federal court correctly affirmed a bankruptcy court's refusal to reopen a case brought by a member of the Muscogee Creek Nation who claimed his tax debt should have been discharged in bankruptcy, the Tenth Circuit said.
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August 22, 2025
IRS Guidance Sparks Mixed Reaction For Solar, Wind Projects
The IRS recently narrowed the way large solar and wind energy development projects can set their construction start dates to qualify for certain tax credits, a change offering relief for some developers but new hurdles for others depending on the stage, type and size of the project.
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August 22, 2025
Fla. Appeals Order To Wind Down Detention Center Operations
A Florida official filed notice late Thursday that the state will appeal a federal judge's ruling ordering the government to begin winding down operations at the Everglades immigration detention center after finding the plaintiffs challenging it are likely to prevail on their environmental claims.
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August 21, 2025
Fla. Judge Orders Wind Down Of Everglades Detention Center
A Florida federal judge Thursday ordered the government to stop bringing new detainees to the Everglades immigration detention center dubbed "Alligator Alcatraz" and to begin winding down operations after finding the plaintiffs challenging the center are likely to prevail on their environmental claims.
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August 21, 2025
Tribe Sues Kalshi, Robinhood To Block 'Gaming Racket'
A Wisconsin Native American tribe accused trading platforms Kalshi and Robinhood of running a gambling racket through their offering of sports event contracts in a suit that seeks to permanently bar the firms from serving users on the tribe's land.
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August 21, 2025
Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.
The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.
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August 21, 2025
UC Grant Cuts Over DEI Likely Stifle Speech, 9th Circ. Says
The Ninth Circuit on Thursday refused to pause a preliminary injunction requiring three federal agencies to reinstate research grants terminated following two of President Donald Trump's executive orders seeking to eliminate diversity, equity and inclusion, saying the terminations likely aimed to suppress speech favorable of DEI and environmental justice.
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August 21, 2025
9th Circ. Rejects Rehearing On Alaskan Willow Oil Project
A Ninth Circuit panel won't undo its ruling to uphold the federal government's decision to only move forward with alternative versions of the ConocoPhillips Willow project that strayed from its original plans and that Alaskan Native and environmental advocacy groups say will result in full development of the Arctic oil reservoir.
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August 21, 2025
Connecticut, Feds Look To Settle 80-Acre Tribal Land Row
The state of Connecticut and the Department of the Interior have asked a judge to pause a case over the federal government's proposed acquisition of 80 acres of tribal land so that the matter can be sent to mediation.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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ICJ Climate Opinion Raises Cos.' Legal, Compliance Risks
The International Court of Justice's recent advisory opinion on governments' climate change obligations could have important consequences for the regulated community — including a more complex compliance landscape, heightened legal risks for carbon-intensive activities, and renewed market and investor focus on climate issues, says J. Michael Showalter at ArentFox Schiff.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.