Native American

  • July 12, 2017

    Sens., Enviros, Tribes Urge DOI To Keep Monuments Intact

    U.S. senators, Native American tribes and environmentalists have urged the U.S. Department of the Interior to preserve dozens of national monuments currently under review following an executive order from President Donald Trump, arguing that millions of Americans object to the review.

  • July 12, 2017

    Navajo Can't Revive NM State Court Jurisdiction Challenge

    A New Mexico federal judge stayed firm Tuesday on a recent decision to toss a lawsuit in which the Navajo Nation contests a state court’s jurisdiction over a dispute accusing a tribe member of interfering with the use of an irrigation ditch on his property, finding no good reason for a redo.

  • July 12, 2017

    Oglala Sioux Official Pleads Not Guilty To Embezzlement

    The U.S. Attorney’s Office for the District of South Dakota announced that an Oglala Sioux tribe official has pled not guilty to accusations that he embezzled money from the tribe.

  • July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    Enviros, Tribal Groups Sue BLM Over Methane Rule Delay

    Environmental and tribal citizen groups hit the U.S. Bureau of Land Management with a complaint Monday in California federal court, alleging the agency's decision to delay an Obama-era regulation to reduce methane waste on public land is illegal and will cost states, tribes and local governments millions in lost revenue.

  • July 11, 2017

    Wyo. Tribes Ask 10th Circ. To Rethink Reservation Ruling

    The Northern Arapaho Tribe and the Eastern Shoshone Tribe each urged the Tenth Circuit on Monday to reconsider its February ruling that the boundaries of the tribes' shared Wyoming reservation had been diminished, with both arguing that the ruling conflicts with U.S. Supreme Court precedent and violates tribal sovereignty.

  • July 11, 2017

    House OKs Bills Taking Tribal Lands Into Trust

    The House on Tuesday passed a series of bills formally placing lands into trust or granting them to various tribes in California and other western states, paving the way for development on those lands that could include housing, hotels and even a winery — but with bans on gambling.

  • July 11, 2017

    EPA Floats Lifting Pebble Mine Block In Alaska

    The U.S. Environmental Protection Agency on Tuesday said it wants to withdraw a proposal to block a massive open-pit mine in Alaska near the world’s largest sockeye salmon fishery, fulfilling one of its obligations under a settlement reached earlier this year with the project developer.

  • July 11, 2017

    10th Circ. Says Officers Must Face Ute Tribal Court Claim

    The Tenth Circuit said Tuesday that the tribal court for the Ute Indian Tribe of the Uintah and Ouray Reservation has jurisdiction to hear a trespassing claim against state and local law enforcement related to the shooting death of a tribal member.

  • July 11, 2017

    NM Says 10th Circ. Needn't Revisit Tribal Gaming Ruling

    New Mexico pressed the Tenth Circuit on Monday to stay firm on its recent conclusion that the head of the U.S. Department of the Interior lacks the authority to approve procedures allowing the Pueblo of Pojoaque to continue its casino operations there in the absence of a state gaming compact.

  • July 11, 2017

    9th Circ. Renews FCA Suit Against Tribal College

    The Ninth Circuit on Monday revived claims by former Salish Kootenai College employees that the Montana-based school gave the federal government fake student progress reports to keep grant money flowing in, a ruling that clarified the proper standard for determining whether an entity is a tribal arm entitled to sovereign immunity.

  • July 10, 2017

    NM Utility Seeks 10th Circ. Redo In Navajo Right Of Way Suit

    A New Mexico utility asked the full Tenth Circuit on Friday to rethink a ruling that it cannot secure a path for a transmission line through property that is partly owned by the Navajo Nation because there’s no language in federal law on rights of way that allows tribal lands to be condemned.

  • July 10, 2017

    Feds Urge Justices To Reject Petition Over Oneida Land

    The federal government has urged the U.S. Supreme Court not to review a Second Circuit decision that the U.S. Department of the Interior properly took land surrounding New York's Turning Stone Resort and Casino into trust for the Oneida Indian Nation, saying the law authorizing the land acquisition isn't unconstitutional.

  • July 10, 2017

    NM Sen. Wants To Put More Teeth In Fake Indian Art Law

    The vice chairman of the U.S. Senate Committee on Indian Affairs testified along with government officials and tribal leaders in New Mexico on Friday about the shortcomings of federal efforts to stamp out fake Native American art and promised to author legislation to strengthen the main federal law protecting genuine Native works.

  • July 10, 2017

    Navajo Panel Gives Thumbs-Up To Amber Alert Expansion Bill

    A Navajo Nation Council committee on Thursday unanimously threw its weight behind a federal bill that would expand the Amber Alert system to Native American tribes across the country.

  • July 10, 2017

    CashCall Can't Pause CFPB Suit For 9th Circ. Ruling

    A California federal judge on Friday rejected CashCall Inc.’s bid to pause a lawsuit in which it was found to have flouted federal law by offering high-interest loans through a firm based on tribal lands in states where such loans were barred, pending a potentially relevant Ninth Circuit ruling.

  • July 10, 2017

    NJ Panel Says Court Wrongly Tossed Tribal Recognition Suit

    The New Jersey Appellate Division on Monday revived an Indian tribe’s suit alleging regulators wrongfully repudiated its state recognition status, ruling a lower court wrongly accepted the state’s argument that there was never formal recognition in the first place.

  • July 7, 2017

    Ore. To Boost Health Care Coordination For Tribe Members

    The Oregon Health Authority on Thursday announced the upcoming launch of a health care coordination model catering to the needs of Native Americans in the state's Medicaid fee-for-service program, which was put together by a nonprofit after the state's tribes requested that a culturally appropriate one be developed.

  • July 7, 2017

    Native Group Gets OK To Join Calif. Power Plant Proceedings

    A California Energy Commission committee has given a Native-led nonprofit group permission to step into proceedings over a Calpine Corp. unit's proposed natural gas power plant in Ventura County, after said it wanted to protect cultural and natural resources from being harmed by the project.

  • July 7, 2017

    Judge Denies Stay To Tribal Lending Cos. In CFPB Probe

    A California federal judge on Friday rejected a bid by tribal lending companies to halt civil investigative demands by the Consumer Financial Protection Bureau while the tribes take the case to the U.S. Supreme Court, saying he lacked jurisdiction to enter a stay after the Ninth Circuit had already rejected a similar request.

Expert Analysis

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Why High Court Is Right About Offensive Trademarks

    Jennifer Ko Craft

    As an Asian-American, I have had a lot of hateful and derogatory names thrown at me throughout my life, and yet I found the U.S. Supreme Court’s decision in Matal v. Tam, rejecting the U.S. Patent and Trademark Office’s ban on registering disparaging terms as unconstitutional, gratifying in many ways, says Jennifer Ko Craft of Dickinson Wright PLLC.

  • DAPL Opinion Highlights Pipeline Project NEPA Challenges

    Deidre Duncan

    Litigation involving the Dakota Access pipeline took another turn when a federal court in Washington, D.C., granted partial summary judgment to two Native American tribes challenging the environmental review's adequacy. The opinion touches on several issues with respect to agencies’ National Environmental Policy Act obligations for pipeline projects generally and oil pipelines in particular, say attorneys with Hunton & Williams LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Indian Tribes And The CFPB Are Unnecessary Adversaries

    Saba Bazzazieh

    While the Consumer Financial Protection Bureau has disregarded sovereignty since its creation, the problem has recently reached an all-time high. The CFPB v. Golden Valley case is merely the latest in a series of actions that demonstrate the bureau's mistreatment of tribal governments, says Saba Bazzazieh of Rosette LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.