Native American

  • July 25, 2017

    8th Circ. Nominee Draws Line On Law, Personal Views

    President Donald Trump’s Eighth Circuit nominee said Tuesday he recognized the need for judges not to let personal beliefs overtake their legal judgment, as the Senate Judiciary Committee evaluated a trio of judicial candidates at a hearing.

  • July 25, 2017

    Justices Asked To Weigh Indian Family Law In Custody Battle

    The conservative Goldwater Institute has asked the U.S. Supreme Court to weigh a federal law to protect Indian families that it says doesn’t apply to a private dispute between parents and raises constitutional problems by treating Indian children differently from other children.

  • July 25, 2017

    Human Trafficking Underreported In Indian Country: GAO

    The U.S. Government Accountability Office on Monday released a report responsive to lawmakers’ request for information about human trafficking cases that occur in Indian Country or involve Native Americans, saying that almost half of surveyed tribal law enforcement agencies believe trafficking is underreported in their jurisdiction.

  • July 25, 2017

    Conn. House OKs Changes To Tribal Gaming Deals

    The Connecticut House of Representatives on Monday handily approved amendments to the state’s gaming compacts with the tribes behind Foxwoods Resort and Mohegan Sun that would move the tribes one step closer to opening a joint third casino in the state.

  • July 24, 2017

    Senate Approves BigLaw Partner As Trump Interior Deputy

    The Senate has approved a Brownstein Hyatt Farber Schreck LLP partner as President Donald Trump’s pick to be Interior Secretary Ryan Zinke’s top deputy Monday, putting one of the administration’s first new picks into the agency.

  • July 24, 2017

    10th Circ. Stays Firm On DOI Tribal Gambling Reg Ruling

    The Tenth Circuit declined on Monday to revisit 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 in New Mexico in the absence of a state gambling compact.

  • July 24, 2017

    No Redo For NM Utility In Navajo Right-Of-Way Suit: 10th Circ.

    The Tenth Circuit on Friday rejected a request by a New Mexico utility to rethink its ruling that the company cannot secure a path for a transmission line through property partly owned by the Navajo Nation, despite the utility’s contention that the ruling will make it harder for state and local governments to carry out infrastructure projects.

  • July 24, 2017

    Alaska Seeks High Court Review Of 'Threatened' Seal Listing

    The state of Alaska, along with local and Native communities and business groups, on Friday urged the U.S. Supreme Court to overturn the Ninth Circuit's ruling that climate change projections could be used to list an Arctic seal population as a threatened species under the Endangered Species Act.

  • July 24, 2017

    Gov’t Insists It’s Immune From Cherokees’ Trust Suit

    The federal government on Friday continued to urge an Oklahoma federal court to toss a lawsuit by the Cherokee Nation claiming the government hasn’t properly managed the tribe’s trust assets, saying the tribe hasn’t pointed to a federal statute that backs its claims or shown the government waived its sovereign immunity.

  • July 24, 2017

    ND Oil Group Blasts Bid To Shut Down Dakota Access Pipeline

    The North Dakota Petroleum Council is getting behind efforts to maintain approval of the Dakota Access crude oil pipeline while the U.S. Army Corps of Engineers redoes part of an environmental review, telling a Washington, D.C., federal judge last week the pipeline is too important to the state’s economy to shut down even temporarily.

  • July 24, 2017

    BLM Plans Revocation Of Obama-Era Fracking Rule

    The Bureau of Land Management on Monday formally unveiled is proposal to rescind an Obama-era rule regulating hydraulic fracturing on federal and tribal lands, as states, industry and environmental groups continue to fight over the rule's legality.

  • July 24, 2017

    Tribe Can’t Revive Claims In Mich. Tobacco Tax Challenge

    A Michigan federal judge refused Friday to reconsider his decision nixing some claims asserted by the Keweenaw Bay Indian Community in challenging state authorities taxing tribal tobacco products, reaffirming the legitimate reach of state tobacco taxes into “ceded” tribal land.

  • July 21, 2017

    The Best Law Firms For Female Partners

    Although women have made some strides toward gender parity in the lower ranks of law firms, breaking into the equity tier remains elusive. These 20 firms, however, are leaders in advancing equality at the top, earning them the designation of Law360 Ceiling Smasher.

  • July 21, 2017

    The Best Law Firms For Female Attorneys

    While the legal industry continues to struggle with gender parity, this year’s Glass Ceiling Report shows that some firms are ahead of the rest. Here, Law360 reveals its third annual ranking of the best law firms for female attorneys, based on their representation of women at the nonpartner and partner levels.

  • July 21, 2017

    Could An NFL Diversity Rule Be A BigLaw Game-Changer?

    In a bid to elevate more women to positions of authority, law firms are taking a page from the National Football League's playbook.

  • July 21, 2017

    BigLaw Bias Suits New Wild Card In Fight For Gender Equity

    As gender bias suits pile up against law firms, it remains to be seen how they will impact recruiting in the industry. But some legal experts say firm leaders may want to look at the complaints as blueprints for change.

  • July 21, 2017

    The 2017 Law360 Glass Ceiling Report

    U.S. law firms have long been overwhelmingly dominated by men, particularly at the partnership level, and Law360’s latest Glass Ceiling Report shows that recent progress has been — at best — only incremental.

  • July 21, 2017

    How 4 Firms Are Moving The Needle On Gender Diversity

    A handful of law firms of various sizes and types are outpacing their peers on including women in their ranks. Here’s why four of them are positioned toward the front of the pack.

  • July 21, 2017

    10th Circ. Gives States A Leg Up In Making Gaming Deals

    A recent Tenth Circuit decision that the state of New Mexico can punish non-Indian vendors for working with the Pueblo of Pojoaque's casinos in the absence of a gaming compact may leave the tribe unable to get the gambling machines and software it needs and gives states more leverage when negotiating tribal-state gaming deals.

  • July 21, 2017

    Dying Victim’s ID Upheld In Tribal Man's Murder Conviction

    The Tenth Circuit on Thursday upheld the triple life sentences handed to a Native American man who shot and murdered three people in a house in Indian Country, concluding that statements made at the scene by one of the now-deceased victims identifying him as the murderer are not hearsay.

Expert Analysis

  • 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.

  • Trump Budget Proposal Leaves Tribes On Their Own

    Larry Roberts

    Despite acknowledging what's important to the health and welfare of tribal nations, President Donald Trump's proposed $303 million cut from tribal funding essentially tells tribes that treaty and trust responsibilities do not matter to him. Tribes will need to turn to the courts and Congress for justice, says Lawrence Roberts of Kilpatrick Townsend & Stockton LLP.