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Native American

  • July 3, 2018

    Conn. Tells MGM To Butt Out In Suit Over Gambling Deal

    Connecticut has once again urged a D.C. federal court to reject MGM Resorts International's bid to intervene in a suit by the state and two tribes against the federal government over its alleged inaction on changes to a tribal-state gambling deal, arguing that MGM’s involvement is improper.

  • July 3, 2018

    FCC Asks DC Circ. To Pause Small-Cell Rule Challenges

    The Federal Communications Commission asked the D.C. Circuit to put on hold combined challenges from Native American tribes and environmentalists to an agency rule exempting from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.

  • July 3, 2018

    Navajo Can't Get Contempt Order In Gerrymandering Suit

    A Utah federal judge won’t find San Juan County in contempt after the Navajo Nation alleged that the municipality was flouting a court order requiring it to use certain election districts recommended by a special master for the upcoming November 2018 elections in a dispute over racial gerrymandering.

  • July 3, 2018

    State Tax Revenue, Tribal Treaty Clash In High Court Fight

    The U.S. Supreme Court’s recent decision to hear Washington’s challenge to a ruling that a Yakama Nation company is exempt from a state fuel tax will show how well the tribe’s 19th century treaty rights can stand up in a high court that’s increasingly worried about such rights curbing state powers.

  • July 2, 2018

    The Sharpest Dissents From The Supreme Court Term

    In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.

  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 2, 2018

    DOI Retracts Ruling For Alaska Native Land-Into-Trust Moves

    The office of the U.S. Department of the Interior’s solicitor said Friday that it was withdrawing an Obama-era opinion by the same office that the department could take land into trust for Alaska Natives, saying that the ruling was “incomplete and unbalanced” and that it would take at least a year to reconsider.

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Drug Cos. In Opioid MDL Must Divulge Vast Data Trove

    Drug manufacturers and distributors must cough up many years of documents related to sales of narcotic painkillers, a special master ruled Saturday in multidistrict litigation over the opioid crisis, shooting down many industry objections.

  • July 2, 2018

    Tribal College Workers, Officials Want FCA Suit Tossed

    A group of former and current Salish Kootenai College employees and board members have urged a Montana federal judge to let them out of a False Claims Act suit, calling the allegations against them conclusory.

  • July 2, 2018

    New Earthjustice Prez's Game Plan: Fight Feds, Coax States

    Incoming Earthjustice President Abigail Dillen told Law360 in an exclusive interview that the environmental law group must pursue a two-pronged strategy: fighting policy rollbacks by the Trump administration while encouraging stronger clean energy and other climate change-friendly policies at the state and local level.

  • July 2, 2018

    States Fight Feds' Quick Win Bid In Native Adoption Law Suit

    Three states that have mounted a federal court challenge to the Indian Child Welfare Act have urged a judge not to grant the federal government a partial quick win in the suit, saying no administrative record regarding a final rule relating to the law has been entered by the government.

  • June 29, 2018

    The Most Talkative Justices Of The Term

    Once again, Justice Stephen Breyer was the most talkative member of the U.S. Supreme Court during oral arguments, but another member of the court turned heads by speaking out 50 percent more than she did in the prior term.

  • June 29, 2018

    The Firms That Won Big At The Supreme Court

    A handful of law firms argued multiple cases during the latest high court term — with varying degrees of success. Here’s how the familiar law firms fared in some of the most high-profile cases of the year.

  • June 29, 2018

    The Supreme Court Term By The Numbers

    Back at full strength, the justices worked their way through a docket full of blockbusters. Here’s our data-driven look at the term that was.

  • June 29, 2018

    Justice Kennedy Leaves Mixed Record On Civil Rights

    Over three decades on the Supreme Court, Justice Anthony Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states’ rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.

  • June 29, 2018

    Sens. Tout Farm Bill's Benefits For Tribal Communities

    Sens. John Hoeven, R-N.D., and Tom Udall, D-N.M., praised the U.S. Senate for passing a bipartisan farm bill on Thursday, emphasizing that it contains multiple provisions that are beneficial to Native American communities.

Expert Analysis

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • 2 Gambling Issues That May Change After Sports Bet Ruling

    David Jacoby

    The U.S. Supreme Court's decision in Murphy is just the latest flip in America’s roller-coaster treatment of gambling. This particular twist is likely to impact directly the fortunes of two groups somewhat improbably linked by their relationship to gambling — Native American tribes and the tiny Caribbean nation of Antigua and Barbuda, says David Jacoby of Culhane Meadows PLLC.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • 3 Risk Management Tips To Protect Your Tribe’s Resources

    Venus Prince

    While tribes might have sovereign immunity against many third-party claims, that immunity has been eroded in recent years. Purchasing insurance can help mitigate losses, but tribes need to develop a holistic approach to truly manage all the different types of risk, say Venus Prince and Krystalyn Kinsel of Kilpatrick Townsend & Stockton LLP.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Indian Nations' Fee Lands Protections Are On Shaky Ground

    Neasa Seneca

    While the U.S. Supreme Court's decision in Upper Skagit v. Lundgren stopped short of creating an immovable property exception to tribal sovereign immunity, the decision signals a willingness to do so. Indian nations should proceed with caution in applying the Nonintercourse Act to lands owned in fee simple, says Neasa Seneca of Lippes Mathias Wexler Friedman LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.