Native American

  • April 26, 2017

    Arapaho Tribe Says Shoshone Can't Step Into DOI Suit

    The Northern Arapaho Tribe on Tuesday urged a Montana federal judge not to allow a tribe it shares its reservation with to intervene in its suit against the federal government in a dispute over control of the tribe's shared reservation, saying the effort came too late and on the eve of final settlement talks.

  • April 26, 2017

    Trump Orders Review Of Antiquities Act Designations

    President Donald Trump signed an executive order Wednesday that launched a review of land and marine national monuments designated for protection under the Antiquities Act during the last two decades, calling the act’s use by previous administrations “abusive.”

  • April 26, 2017

    Mass. Urges 1st Circ. To Rehear Tribe's Bid To Build Casino

    The Commonwealth of Massachusetts challenged a First Circuit panel decision reversing a lower court’s ruling that barred a Native American tribe from hosting gambling facilities on its land, asking for rehearing of a single issue in the case.

  • April 25, 2017

    Trump Ordering Review Of Nat'l Monument Designations

    President Donald Trump will sign an executive order Wednesday directing the U.S. Department of the Interior to review designations of land and marine national monuments stretching back over 20 years, including former President Barack Obama's controversial designation of the Bears Ears National Monument in Utah in December.

  • April 25, 2017

    Tribal Workers May Face More Suits After Indemnity Ruling

    The U.S. Supreme Court’s decision Tuesday that a Mohegan Tribe limousine driver doesn’t share the tribe's sovereign immunity and must face claims over an off-reservation car accident rejected the idea that a tribe can shield its employees from litigation by indemnifying them, opening the door for creative suits that circumvent tribal immunity.

  • April 25, 2017

    Kilpatrick Townsend Bolsters Native American Affairs Team

    Kilpatrick Townsend & Stockton LLP said Tuesday it had picked up a top Obama appointee recently departed from the Department of Interior to help grow the firm’s Native American Affairs team.

  • April 25, 2017

    Split 9th Circ. Panel Won't Rehear Tribal Banishment Suit

    The Ninth Circuit will not reconsider its decision upholding a move by the United Auburn Indian Community to temporarily ban certain members from tribal land, after a split panel on Monday declined to rehear the case and the full court took a pass.

  • April 25, 2017

    9th Circ. Nixes Ariz. Road Easement Ruling, Tosses Case

    A panel of the Ninth Circuit has vacated a district court’s judgment that an easement for a road that cuts across the Gila River Indian Community’s reservation permitted a Chapter 11 trustee to develop a parcel of land into a housing tract, saying Monday the lower court lacked jurisdiction.

  • April 25, 2017

    9th Circ. Affirms Nix Of Calif. Tribe's Land Claims

    The Ninth Circuit on Monday upheld the dismissal of the Mishewal Wappo Tribe of Alexander Valley Rancheria’s claim that the federal government illegally terminated its land holdings more than 50 years ago, finding that the tribe waited too long to bring its claim.

  • April 25, 2017

    Justices Say Tribal Worker Not Immune From Car Crash Suit

    The U.S. Supreme Court ruled Tuesday that the driver of a Mohegan Tribe-owned limousine doesn’t share the tribe’s sovereign immunity from a suit over an off-reservation car crash, saying the employee, rather than the tribe, was the true target of the negligence suit and the tribe's indemnification of the driver didn't extend tribal immunity to him.

  • April 24, 2017

    Enviros Gird For Pitched Battle To Stop Trump Border Wall

    President Donald Trump appears committed to his campaign promise to build a wall along the border with Mexico, but environmental groups say they are ready to battle the administration in court every step of the way, even though past challenges to border barrier construction have failed.

  • April 24, 2017

    SD Tribe Says It Doesn't Owe Contractor Tax To State

    The Flandreau Santee Sioux Tribe hit the governor of South Dakota and two other state officials with a complaint in federal court Friday, alleging that the state is illegally imposing a tax on construction work for an expansion of the tribe’s on-reservation casino.

  • April 24, 2017

    Wash. Tribal Cop's Word Good For Gun Conviction: 9th Circ.

    The Ninth Circuit on Friday upheld a lower court decision that a member of a Washington tribe couldn’t overturn a federal gun possession conviction against him, ruling that a deceased tribal police officer’s statement was properly used to show that the man had notice of a related hearing on a domestic violence protection order.

  • April 24, 2017

    Blackfeet OK $471M Water Rights Deal With Feds, Montana

    The Blackfeet Nation has voted to approve a water rights agreement with the federal government and the state of Montana that will furnish the tribe with $471 million in funding from both governments for infrastructure projects on the reservation.

  • April 24, 2017

    10th Circ. Upholds NM Challenge To DOI Tribal Gaming Regs

    The Tenth Circuit on Friday affirmed a lower court ruling that favors New Mexico in its lawsuit against the U.S. Department of the Interior, holding that federal gaming regulations are invalid and the interior secretary can’t act on the Pueblo of Pojoaque’s request to conduct gambling without a compact.

  • April 21, 2017

    Navajo Council Votes To Oust Housing Agency Board

    The Navajo Nation Council on Thursday approved an emergency bill to immediately remove the leadership of the Navajo Housing Authority, after council members and the tribe’s president accused the agency of mismanagement of federal funding for tribe members’ housing.

  • April 21, 2017

    10th Circ. Spurns Osages’ Bid For More Oil & Gas Accounting

    The Tenth Circuit on Friday rejected an appeal by Osage Nation members in their suit seeking an accounting from the federal government for a tribal oil and gas rights fund, saying an Oklahoma federal judge didn’t abuse his discretion by limiting how detailed the accounting should be and how far back it needed to go.

  • April 21, 2017

    Tribal Embezzlement Suit Stayed For Criminal Case

    A California federal judge hit pause Thursday on the Paskenta Band of Nomlaki Indians’ lawsuit accusing former tribal officials of a wide-reaching, multimillion-dollar embezzlement scheme while new, related criminal charges against some of the ex-officials play out, with a few exceptions.

  • April 21, 2017

    Corps, Dakota Access Try To Nix Cheyenne Sioux Claims

    The U.S. Army Corps of Engineers and Dakota Access LLC each pressed a D.C. federal judge Thursday to toss claims in the Cheyenne River Sioux Tribe's challenge to the Corps' approvals for the Dakota Access pipeline, with the agency saying it didn’t violate any federal trust duty to the tribe.

  • April 21, 2017

    Feds Want Tribe’s Suit Over Federal Recognition Tossed

    The U.S. Department of the Interior on Thursday urged a federal judge to toss a suit from the Tsi Akim Maidu of Taylorsville Rancheria seeking to compel the federal government to find the Indian tribe never lost its status as federally recognized, arguing that the claims are barred by a statute of limitations, among other things.

Expert Analysis

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Indian Country And Climate Change After DAPL

    Matthew L.M. Fletcher

    Considering the Trump administration's support for the Dakota Access and Keystone XL pipelines, Native Americans are at the vanguard of challenging government and business acts that worsen climate change. One wonders if it is only a matter of time before Native Americans and their resources are in the administration's crosshairs, says Matthew Fletcher of Michigan State University College of Law.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • When You Find Human Remains On Your Construction Site

    Richard S. Reizen

    Contractors often stumble upon artifacts, ancient burial grounds, cemeteries and human remains while in the midst of a construction project. The most important immediate action is to stop work, contact the authorities and preserve the remains and artifacts, say Richard Reizen and Daniel Crowley of Gould & Ratner LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.