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Native American

  • August 17, 2018

    Tribes Tell Justices HUD Must Pay Back Housing Funds

    A group of Native American housing authorities and tribes urged the U.S. Supreme Court to overturn a Tenth Circuit decision saying the U.S. Department of Housing and Urban Development doesn't have to repay them despite finding that HUD illegally recouped $19.5 million in affordable housing grants from tribes, claiming the appellate court misapplied high court precedent.

  • August 17, 2018

    Utah Tribal Leaders Want BLM To Halt Bears Ears Plans

    The Utah Tribal Leaders Association passed a resolution asking the U.S. Bureau of Land Management to halt its expedited planning process for the two units that now make up the Bears Ears National Monument until litigation over President Donald Trump’s decision to reduce the size of the monument is resolved.

  • August 17, 2018

    Fed. Circ. Rejects Tribe's $200M Water Suit Against Gov't

    The Federal Circuit on Friday upheld a decision to toss the Crow Creek Sioux Tribe’s suit seeking $200 million from the federal government for allegedly mismanaging the tribe’s water, saying the tribe hadn’t shown that the government had hurt the tribe’s ability to get the water needed for its South Dakota reservation.

  • August 17, 2018

    US Gov’t Tells High Court Wash. Tribe Must Pay Fuel Tax

    The U.S. Department of Justice has filed an amicus brief urging the U.S. Supreme Court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when importing that product onto its reservation.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Tax Groups Urge Court To Find Wash. Tribe Must Pay Fuel Tax

    Two tax organizations filed an amicus brief with the Supreme Court Thursday, urging the court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when operating outside its reservation.

  • August 16, 2018

    DOI's Views In Calif., Conn. Casino Suits At Odds, Tribe Says

    A Connecticut tribe and the state told a D.C. federal court that the U.S. Department of the Interior is wrong to say that the tribe operates its Foxwoods casino under procedures set out by the DOI secretary that are inferior to a tribal-state gambling compact because the department took the direct opposite position in tribal litigation in California.

  • August 16, 2018

    Tribes Allowed To Intervene In Small-Cell Rule Challenges

    The D.C. Circuit on Thursday allowed several tribes to intervene in combined challenges to a Federal Communications Commission rule that exempts from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.

  • August 16, 2018

    USDA Must Face Tribe Member's Contract Suit: Fed. Circ.

    A Federal Circuit panel on Thursday revived a Sioux tribe member’s suit alleging the U.S. Department of Agriculture breached a settlement agreement it reached with Native American farmers over its farm loan program, saying the terms of the settlement don't prevent additional suits from being filed in court.

  • August 16, 2018

    Neb. Officials Seek To End Tribal Cos.' Tobacco Lawsuit

    Nebraska officials urged a federal court to toss a suit filed by two Winnebago Tribe of Nebraska-owned cigarette companies challenging the application of state laws, saying the state has immunity to the suit and that its laws aren't blocked by the U.S. Constitution or federal law.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    State Dept. Must Do New Study For New Keystone XL Route

    A Montana federal judge Wednesday ordered the U.S. Department of State to supplement an environmental review it submitted for an old version of the Keystone XL pipeline’s planned route through Nebraska, while declining to vacate the permit of approval issued by President Donald Trump.

  • August 15, 2018

    10th Circ. Says NM Water Deal Objectors Lack Standing

    The Tenth Circuit on Wednesday said that objectors to a final judgment issued by a lower court in a water rights deal between New Mexico, four pueblos and the city and county of Santa Fe do not have standing, because they could not demonstrate injury.

  • August 15, 2018

    Energy Dept. Promises $9M For Tribal Energy Projects

    The U.S. Department of Energy said Wednesday it would supply more than a dozen energy projects on tribal lands with nearly $9 million, claiming it is the first time the agency has conducted the process on an "entirely fuel and technology-neutral basis.”

  • August 15, 2018

    Navajo Will Oversee 12 More Drinking Water Systems: EPA

    The U.S. Environmental Protection Agency announced Wednesday that it has given the Navajo Nation greater authority over its public drinking water network, saying the southwestern tribe will now oversee an additional dozen systems.

  • August 15, 2018

    Howard & Howard Adds Ex-Brownstein Hyatt Gaming Atty

    Howard & Howard Attorneys PLLC has added a gaming attorney previously with Brownstein Hyatt Farber Schreck LLP as a partner in its Las Vegas office, the firm announced on Tuesday.

  • August 15, 2018

    DC Circ. Won't Halt FCC's Next-Gen Rule Amid Challenges

    The D.C. Circuit refused on Wednesday to pause the implementation of a Federal Communications Commission rule intended to accelerate the deployment of infrastructure to support denser, next-generation mobile networks.

  • August 15, 2018

    9th Circ. Won't Revive Tribe's VA Reimbursements Suit

    The Ninth Circuit on Wednesday affirmed a lower court's dismissal of a suit brought by the Gila River Indian Community pushing for reimbursements from the U.S. Department of Veterans Affairs for health care it provided for veterans, agreeing that the law blocked the court's jurisdiction.

  • August 15, 2018

    Makah Indian Tribe Hits Pharma Cos. With Opioid Crisis Suit

    The Makah Indian tribe on Tuesday hit a host of drug manufacturers and distributors with a federal lawsuit, accusing them of promoting and dispersing prescription opioid drugs without concern for the consequences, becoming the latest tribe to sue over the opioid epidemic.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • 10th Circ. Ruling Is A Win For Tribal Jurisdiction

    Steven Gordon

    Last week, the Tenth Circuit rebalanced the relative bargaining power between tribes and states when it ruled in Navajo Nation v. Dalley that the Indian Gaming Regulatory Act does not permit a state to require that personal injury suits against tribal casinos be litigated in state courts, say Steven Gordon and Philip Baker-Shenk of Holland & Knight LLP.