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Native American

  • October 5, 2018

    Gov't Seeks To Appeal Ruling On Tribal Dam Maintenance

    The government has urged a Federal Claims Court judge to allow an appeal of his decision not to toss some claims from a suit alleging the government failed in its trust duty to the White Mountain Apache Tribe by failing to maintain and repair certain dams.

  • October 5, 2018

    Indian Child Welfare Act Found Unconstitutional

    A federal judge has handed Texas, two other states and several foster families a quick win on most of their claims in a suit challenging the Indian Child Welfare Act, ruling that the law is race-based and unconstitutionally gives tribes too much power over states to decide how to implement it in adoption and custody cases.

  • October 5, 2018

    Fed. Judge Tosses Tribal Tax Suit Against Wash., County

    A Washington federal judge has dismissed a suit by Native American tribes and the federal government challenging state and county taxes on non-Native businesses located in a retail center on reservation land, saying federal and tribal interests did not preempt the taxation.

  • October 5, 2018

    Village Can't Stop Feds' Intervention In Tribe Festival Row

    A Wisconsin village cannot prevent the federal government from filing an amicus brief in a dispute initiated by a tribe over the village’s permitting requirements for an apple festival, with a federal judge finding that the government has a valid interest in the suit.

  • October 4, 2018

    NCAI Attorney Departs Amid Sexual Harassment Claims

    A long-serving counsel at the National Congress of American Indians has left the organization after issuing a statement saying he had been falsely accused of sexual harassment of NCAI employees as part of a power struggle at the top.

  • October 4, 2018

    Feds Offering $300M For Infrastructure Serving Tribal Land

    The Federal Highway Administration is offering $300 million in grants for transportation construction projects that serve federal and tribal lands, with special consideration given to work that will cost $50 million or more, the agency announced.

  • October 4, 2018

    EPA Inspector General Sets Ambitious Five-Year Plan

    The U.S. Environmental Protection Agency’s Office of Inspector General said it wants to increase its effectiveness by 10 percent between 2019 and 2023, according to a five-year strategic plan the office released Thursday.

  • October 4, 2018

    Tribe Urges 9th Circ. To Rethink Veterans' Compensation Suit

    A Native American tribe has asked the Ninth Circuit to rehear a dispute over government health care cost reimbursements for the tribe’s veterans, claiming the court wrongly decided it has no jurisdiction in the matter.

  • October 4, 2018

    Wash. Tribe Sues Yakima County Over Criminal Jurisdiction

    The Confederated Tribes and Bands of the Yakama Nation sued Yakima County, Washington, and the city of Toppenish in federal court on Wednesday, saying they should have jurisdiction over crimes allegedly committed by their members in the exterior boundaries of their reservation.

  • October 4, 2018

    Senate Dems Seek To Boost Native American Voter Turnout

    A bill introduced by Sen. Tom Udall, D-N.M., the vice chairman of the Senate Committee on Indian Affairs, and several of his Democratic colleagues aims to remove potential barriers to election participation for Native Americans they argue have been exacerbated by the Supreme Court's overturning of a section of the Voting Rights Act.

  • October 4, 2018

    Telecoms Urge Rural Broadband Map Fixes, Budget Hikes

    Rural telecoms pressured the Senate on Thursday to make sure the Federal Communications Commission adequately pays out subsidies and fixes faults in mapping high-speed internet to help deploy broadband in rural states.

  • October 3, 2018

    Senate Sends Sweeping Opioid Legislation To Trump's Desk

    The U.S. Senate on Wednesday sent a massive bipartisan bill tackling the opioid crisis to President Donald Trump after passing the wide-ranging legislation 98-1.

  • October 3, 2018

    Land Claim Bill For Alaska Native Veterans Advances

    Roughly 2,800 Alaska Native veterans who served during the Vietnam War would be eligible to seek land allotments from the federal government under a Republican bill advanced by the Senate Energy and Natural Resources Committee on Tuesday.

  • October 3, 2018

    Tribal Voters Press Gorsuch To Limit ND Voting Law

    A group of Native American voters continued to push Wednesday for U.S. Supreme Court Justice Neil Gorsuch to stay a recent Eighth Circuit ruling letting North Dakota demand proof of a current residential address to vote, after the state argued that the address requirement is needed to protect against voter fraud.

  • October 3, 2018

    NM Tribe Ordered To Produce Docs In Land Claim Suit

    The Pueblo of Jemez tribe must turn over around 3,000 documents to the federal government in a suit seeking to establish its right to land that is now part of a New Mexico national park, with a federal court judge on Wednesday finding the documents were not protected by privilege.

  • October 3, 2018

    DOI Watchdog Disputes $13M In Crow Tribe's Contract Costs

    The U.S. Department of the Interior's Office of Inspector General said that the Crow Tribe didn't properly track its use of federal funding under two contracts with the Bureau of Reclamation to support the tribe's water systems, calling into question nearly $13 million in costs the tribe claimed under the contracts.

  • October 2, 2018

    DOJ Defends Trump's Decision To Shrink National Monuments

    President Donald Trump was well within his rights to shrink the Bears Ears and Grand Staircase-Escalante national monuments, the federal government has told a D.C. federal judge, urging her to toss several lawsuits challenging those controversial actions.

  • October 2, 2018

    Tribal Council Candidates Say DOI Can't Dodge Election Suit

    Four Nooksack tribal council candidates who lost a December special election urged a Washington federal court Monday not to toss their suit alleging the U.S. Department of the Interior failed to properly oversee the election, saying the DOI abruptly departed from established policy to recognize the new council as the tribe’s governing body.

  • October 2, 2018

    BLM Methane Rule Delay Must Be Nixed, 10th Circ. Hears

    States and environmental groups backing an Obama-era rule regulating methane venting and flaring from gas wells on public and tribal lands told the Tenth Circuit that a lower court's injunction blocking its implementation should be vacated since the U.S. Bureau of Land Management recently rescinded the rule.

  • October 2, 2018

    Texas Judge Blocks Ysleta Pueblo's Appeal In Bingo Battle

    A Texas federal judge has rejected the Ysleta del Sur Pueblo's bid to halt discovery against its governor and a tribal gaming organization in the state's suit accusing the tribe of illegally operating electronic bingo machines, saying there is no need to let the Fifth Circuit weigh in.

Expert Analysis

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Warning Lights Are Flashing On Trump's Tribal Agenda

    Lawrence Roberts

    The Trump administration's annual budget proposals do not bode well for tribes, as they have sought to defund trust and treaty obligations by hundreds of millions of dollars. Indian Country hopes that U.S. Department of the Interior Assistant Secretary Tara Sweeney will take steps to correct the tribal agenda that she has inherited, says Larry Roberts of Kilpatrick Townsend & Stockton LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 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.