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Native American

  • September 13, 2018

    Gold Miners Can't Crack Ore. Mining Regs At 9th Circ.

    A split Ninth Circuit panel has upheld an Oregon statute prohibiting motorized mining methods in sensitive salmon habitats, which had been challenged by gold miners and mining groups, finding it is not preempted by federal law.

  • September 13, 2018

    Tribal Appeal Will Delay Bingo Machine Row, Texas Says

    Texas told a federal court to reject a Pueblo tribe’s efforts to appeal orders allowing discovery against its governor and a tribal gaming organization in litigation accusing it of illegally operating electronic bingo machines, arguing that getting the Fifth Circuit involved will only allow the tribe to keep delaying the proceedings.

  • September 13, 2018

    9th Circ. Says Ariz. Voting Laws Don't Violate Minority Rights

    A split Ninth Circuit panel said a lower court properly determined that two Arizona laws did not place a significant burden on voters or violate the Voting Rights Act, rejecting the Democratic National Committee’s claim that the laws restrict the voting rights of minorities.

  • September 13, 2018

    Yellowstone Grizzly Hunt Blocked For 2 More Weeks

    A Montana federal judge on Thursday extended for two weeks his block on a grizzly bear hunt in the Yellowstone National Park area, saying there are “serious questions” about whether the federal government was correct in removing Endangered Species Act protections for the animals.

  • September 13, 2018

    DOI Asks 10th Circ. To Toss Methane Rule Appeal As Moot

    The U.S. Department of the Interior on Wednesday told the Tenth Circuit it should let stand a ruling that delays implementation of parts of a rule restricting methane emissions from natural gas wells on public and tribal lands, explaining that a replacement rule will be issued soon.

  • September 13, 2018

    Allergan Looks To Keep CEO's Tribal Patent Docs Out Of MDL

    Documents from Allergan Inc.’s CEO and general counsel on a deal transferring patents to a Native American tribe are at best “marginally relevant” to multidistrict litigation accusing the company of illegally delaying a generic version of dry-eye medication Restasis, the drugmaker told a New York federal judge Wednesday.

  • September 13, 2018

    Enviros Take Marianas Live-Fire Testing Suit To 9th Circ.

    Several environmental groups launched an appeal to the Ninth Circuit on Wednesday of an order granting the U.S. Navy and U.S. Department of Defense a quick win in a challenge to planned live-fire testing sites in the Northern Mariana Islands.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Feds Tell Justices Tribe's Elk Hunting Legal Under Treaty

    The federal government pressed the U.S. Supreme Court to overturn a Crow tribe member’s conviction in Wyoming state court for illegal elk hunting, saying the tribe’s right to hunt on unoccupied land under a federal treaty was not wiped out by Wyoming's statehood. 

  • September 12, 2018

    Legal Group Backs Wash. Tribe In High Court Fuel Tax Row

    A nonprofit legal group serving Yakama Nation members urged the U.S. Supreme Court on Wednesday to find that a tribal fuel distributor isn’t subject to a Washington state fuel tax, saying the state caused its own difficulties with the tax by trying to find a way around the tribe’s treaty rights.

  • September 12, 2018

    Energy Co.'s Coal Ash Ponds Not Subject To CWA: 4th Circ.

    The Fourth Circuit on Wednesday overturned a lower court and handed a defeat to the Sierra Club that alleged Dominion Energy Inc. had violated the Clean Water Act by allowing arsenic from its coal ash ponds to pollute nearby waters, deciding the ponds weren’t subject to the CWA.

  • September 12, 2018

    Casino Challengers To Ask 9th Circ. To Undo Tribe's Win

    A coalition of individuals and community organizations in California plans to ask the Ninth Circuit to overturn the rejection of its challenge to a U.S. Department of the Interior approval for an off-reservation tribal casino, despite the absence of a deal between the tribe and the state.

  • September 12, 2018

    Judge Tells SEC, Firm To Talk It Out In Tribal Bond Doc Fight

    A Manhattan federal judge expressed frustration at a hearing Wednesday with the U.S. Securities and Exchange Commission and an investment firm that has been fighting the regulator's subpoena for documents related to an alleged tribal bond scheme, saying the parties should just talk instead of litigating the issue further.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    Wis. Tribe Loses Gambling Compact Suit Against US

    The Forest County Potawatomi Community lost its challenge in D.C. federal court to the U.S. government's decision to disapprove a 2014 amendment to the tribe's gaming compact with Wisconsin under the Indian Gaming Regulatory Act, with the judge ruling that the amendment "was not arbitrary or capricious."

  • September 11, 2018

    Eastern Shoshone Back Crow Hunting Rights At High Court

    The Eastern Shoshone Tribe has filed an amicus brief with the U.S. Supreme Court supporting a Crow tribe member's bid to overturn his Wyoming state court conviction for illegal elk hunting, saying his right to hunt on unoccupied lands can't be erased by statehood or the creation of a national forest.

  • September 11, 2018

    Zinke Wants States To Take Lead On Hunting, Fishing Rules

    Interior Secretary Ryan Zinke said in a memo that the department should treat state hunting and fishing rules with deference, adding that a review would be conducted aimed at better aligning federal rules “with state provisions,” according to Public Employees for Environmental Responsibility.

  • September 11, 2018

    WilmerHale Jumped The Gun In Tribal RICO Suit, Judge Told

    Williams & Cochrane LLP has told a California federal court that it should ignore the Quechan Tribe's motion to dismiss its Racketeer Influenced and Corrupt Organizations Act and breach of contract suit over the tribe's firing of the firm in the midst of gambling compact talks with the state, saying the tribe's WilmerHale counsel filed the motion out of order.

  • September 11, 2018

    AT&T, Tribes Split Over Auctioning Of 2.5G Spectrum

    T-Mobile, AT&T and several Native American tribes continued to urge the Federal Communications Commission to ease restrictions on how spectrum reserved for educational content can be used and licensed, arguing the move would modernize service.

  • September 10, 2018

    DOI Says Mass. Tribe Can't Have Land In Trust For Casino

    The U.S. Department of the Interior has rejected the Mashpee Wampanoag Tribe's bid to have tribe-owned land in Massachusetts held in trust by the government for a proposed casino project, reversing an Obama-era decision by finding that the tribe didn't qualify to have the land taken into trust under the Indian Reorganization Act.

Expert Analysis

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • Opportunity Zones: Spurring Development In Indian Country

    Nicole Elliott

    Among those who should be interested in the new opportunity zone incentive provided by tax reform are tribes that can leverage this incentive to attract investment and reap significant tax benefits, say Nicole Elliott and Kristin DeKuiper of Holland & Knight LLP and Dr. Katy Rossiter of Ohio Northern University.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • 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.