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Native American
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November 04, 2025
NY Judge Rejects Smoke Shop's Quick Win In Tribal RICO Suit
Retailers sued by the Cayuga Nation over operating unsanctioned smoke shops on tribal land cannot escape the tribe's RICO claims, a New York federal judge ruled Tuesday, saying the tribe sufficiently alleged the retailers used revenue from untaxed tobacco and cannabis to stand up a competing business that harmed the tribe.
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November 04, 2025
Industry, Enviros Oppose EPA Plan To Ditch GHG Reporting
Industry and environmental groups alike are pushing back against the U.S. Environmental Protection Agency's proposal to repeal a program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions.
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November 04, 2025
Calif. Coalition Slams $350M Cut To Minority-Serving Colleges
A coalition of Democratic state and federal California lawmakers is calling on U.S. Education Secretary Linda McMahon to allocate money to support minority-serving colleges and universities, saying the federal government's decision to withhold $350 million in discretionary funding undermines the ability to serve underrepresented communities.
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November 04, 2025
Okla. Tribes Push For Quick Win In Gaming Compact Dispute
Three Oklahoma tribes are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts with the state, arguing that the governor lacked authority to enter into the agreements with two other tribes.
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November 03, 2025
Teachers' Unions Back UC's Challenge To Feds' Funding Cuts
Several community college teachers' unions backed the University of California system's challenge to millions of dollars in cuts to federal funding for higher education projects and programs, saying President Donald Trump's fight with the UC system is trickling down to its community colleges.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
Tribes Push Supreme Court To Overturn Okla. Tax Ruling
The Oklahoma Supreme Court incorrectly ruled that a member of the Muscogee Creek Nation owes Oklahoma income tax, groups representing Native American tribes told the U.S. Supreme Court, asking the justices to hear the case and reverse the ruling.
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November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal
Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
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November 03, 2025
Tribe, Coalition Fight 9th Circ. Bid To Nix Ariz. Land Exchange
An Apache tribe and conservation groups are fighting a Ninth Circuit bid to dismiss their efforts to block a 2,500-acre land exchange within Tonto National Forest, saying the federal government and mining company's arguments inaccurately center on a sentence in the 2014 Southeast Arizona Land Exchange and Conservation Act.
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November 03, 2025
DC Circ. Questions Tribe's Bid To Exclude 1929 Descendants
A panel of D.C. Circuit judges expressed skepticism that a group of California Valley Miwok Tribe members can exclude a wide swath of the organization when drafting a tribal constitution, pressing an attorney for the members on seeming contradictions in their view of the government's role in the process.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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October 31, 2025
Alaska Joins Utah In Firing Motley Rice From Opioid Case
Alaska joined Utah this month in terminating its contract with Motley Rice LLC, which the state hired nearly a decade ago to pursue litigation over the opioid crisis, saying the law firm didn't disclose it was simultaneously representing other clients in separate opioid litigation.
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October 31, 2025
Gov't Owes $330K In Fees For NSF Funding Fight, Court Told
A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.
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October 31, 2025
Minn. Makes More Tribal Deals To Build 'Unique' Pot Market
Minnesota has signed its fifth compact with a federally recognized tribe, allowing each one to issue licenses for eight cannabis retailers outside their respective reservations, as well as licenses to grow and manufacture the plant, with the Fond du Lac Band of Lake Superior Chippewa and the Leech Lake Band of Ojibwe the latest to reach deals.
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October 31, 2025
Trump Admin Must Keep SNAP Running, Federal Judges Say
A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.
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October 31, 2025
Enviro Groups Sue FWS Over Butterfly Conservation Failures
A group of environmental advocacy organizations has filed a federal lawsuit against the U.S. Fish and Wildlife Service and its director, alleging the agency didn't do enough to conserve an endangered butterfly species and left them vulnerable to extinction.
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October 31, 2025
Both Sides Claim Victory In Calif. Tribal Gaming Rights Fight
A federal judge says the U.S. Department of the Interior's decision to temporarily nix gaming eligibility for a proposed $700 million casino project violated a California tribe's due process rights, but both sides are claiming victory as claims of violations of the Administrative Procedure Act and Fifth Amendment against the federal agency were also dismissed.
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October 30, 2025
Florida Tribe Sues PFAS Makers Over Health Risks, Cleanup
A Florida tribe has brought a civil action in South Carolina federal court against several makers of per- and polyfluoroalkyl substances, or PFAS, alleging their land is contaminated by products containing the so-called forever chemicals.
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October 30, 2025
Despite Raid, Smoke Shop Must Give Tribe Sales Records
Retailers sued by the Cayuga Nation over unpaid taxes from allegedly operating an unsanctioned smoke shop on tribal land must still fork over daily sales records even after New York State Police seized all cannabis product, a federal judge ruled Thursday, following yet another heated exchange in which the entrepreneurs blamed the tribe's leader for the raid.
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October 30, 2025
Tribes Act As Shutdown Threatens Food, Health Services
With Supplemental Assistance Nutrition Program funding set to expire on Friday, at least four Indigenous nations have declared states of emergency, saying the stalemate between U.S. politicians is impacting vital services and benefits that are threatening their welfare.
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October 30, 2025
Senate Overturns Petroleum Reserve Drilling Limits In Alaska
The U.S. Senate on Thursday approved the revocation of a Biden-era move rolling back a plan by the first Trump administration to expand oil and gas drilling in the National Petroleum Reserve in Alaska.
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October 30, 2025
California Returns 17,030 Acres To Tule River Tribe
California Gov. Gavin Newsom on Wednesday announced the return of 17,030 acres of ancestral land to the Tule River Indian Tribe, calling it an effort to address "historical wrongs" committed against the tribe and other Native American tribes in the state.
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October 30, 2025
Legal Aid Of NC Shutters 2nd Office Amid $6M Funding Freeze
Legal Aid of North Carolina has shut down a second office in one of the state's poorest counties in response to a freeze on more than $6 million in grant assistance the nonprofit gets from the North Carolina Interest on Lawyers' Trust Accounts, or NC IOLTA — its second-largest funding source.
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October 30, 2025
Tribal Business Owner Says Tariffs Violate 1855 Yakama Treaty
A Yakama Indian tribe member is asking an Oregon federal court to block a series of tariffs issued by President Donald Trump, arguing that the orders violate a 19th century treaty that gives her the right to free trade.
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October 29, 2025
Greenpeace Gets Dakota Pipeline Damages Cut To $345M
A North Dakota state judge Wednesday reduced a jury's $666 million damages award against Greenpeace to $345 million in litigation claiming the group falsely disparaged the Dakota Access Pipeline project during environmental protests, finding that some of the damages awarded by the jury weren't backed by evidence.
Expert Analysis
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.
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Key Lessons From Youths' Suit Against Trump Energy Orders
A Montana federal court's recent decision in Lighthiser v. Trump, dismissing a challenge by a group of young plaintiffs to President Donald Trump's executive orders promoting fossil fuels, indicates that future climate litigants must anchor their suits in discrete, final agency actions and statutory text, say attorneys at ArentFox Schiff.
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Series
Writing Novels Makes Me A Better Lawyer
Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.