Native American

  • February 21, 2017

    Tribe Asks 8th Circ. To Revive Permit Claims Against Corps

    The Sisseton-Wahpeton Oyate of the Lake Traverse Reservation pressed the Eighth Circuit on Friday to revive its claims accusing the U.S. Army Corps of Engineers of improperly allowing development near a South Dakota lake that it considers sacred.

  • February 21, 2017

    NYC Mayor Tells 17 Banks To Pull Dakota Access Financing

    New York City Mayor Bill de Blasio pressed 17 banks Friday to immediately withdraw their financing of the Dakota Access pipeline in a letter saying the threat the project poses to the Standing Rock Sioux Tribe, the environment and the banks themselves "is not worth the return it might generate."

  • February 21, 2017

    New EPA Chief Pledges To Change Regulatory, Legal Practices

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Tuesday emphasized his desire to work collaboratively with career EPA staff and his intention to depart from regulatory and litigation tactics he said sideline industry and state interests.

  • February 21, 2017

    DC Judge Says NIGC Followed Order In Tribal Gaming Dispute

    A D.C. federal judge on Friday declined to find that the National Indian Gaming Commission violated a court order directing the agency to reconsider its rejection of the Fort Sill Apache Tribe’s bid to conduct gambling, saying the NIGC acted “in substantial compliance” with the order.

  • February 17, 2017

    Calif., Tribes Look To End Gambling Pact End Date Suit

    Two California tribes and the state argued in federal court Thursday over whether a contract provision establishing expiration dates for the tribes' gaming deals thwarts the purposes of the Indian Gaming Regulatory Act, as both sides look for quick wins in the tribes' suit to invalidate the provision.

  • February 17, 2017

    Army Corps Says Pipeline Camp Cleanup Needs To Speed Up

    The U.S. Army Corps of Engineers said in a statement Thursday that the cleanup of North Dakota camps used by opponents of the Dakota Access pipeline isn’t on track to be finished before the agency fully closes the camps on Feb. 22.

  • February 17, 2017

    Ex-Tribal Officials Slam Stay Terms In $6M Embezzlement Row

    Former Paskenta Band of Nomlaki Indians officials accused by the tribe of a wide-reaching $6 million embezzlement scheme continued Thursday to press a California federal court to pause the dispute while related criminal charges against some of them are resolved, blasting the tribe’s request that certain conditions be imposed on such a pause.

  • February 17, 2017

    Penobscot, Feds, Maine Spar Over River Rights At 1st Circ.

    The Penobscot Nation and federal government urged the First Circuit Thursday to undo a lower court’s conclusion that the tribe’s reservation includes the islands — but not the water — in part of the Penobscot River, while the state of Maine pressed the appellate court to let the decision stand.

  • February 17, 2017

    Tribes Won't Be Bullied On Border Wall, Ariz. Lawmaker Says

    Rep. Raul Grijalva, D-Ariz., on Thursday praised a National Congress of American Indians resolution opposing President Donald Trump’s proposed wall on the U.S.-Mexico border unless tribes agree to the project, saying the resolution shows Native Americans “will not be bullied” by the administration.

  • February 17, 2017

    Senate Confirms Pruitt As EPA Chief

    Scott Pruitt, a frequent critic and legal opponent of the U.S. Environmental Protection Agency during the Obama administration, was narrowly confirmed Friday by the Senate as the EPA’s administrator, a development that heralds a rollback of several of Obama’s regulatory initiatives.

  • February 16, 2017

    Sioux Official, Dakota Access Exec Trade Blows Over Pipeline

    A Standing Rock Sioux Tribe official and an executive for the Energy Transfer Partners unit behind the Dakota Access pipeline gave dueling accounts of the history of the project to a House subcommittee on Wednesday, as the tribe battles a recent federal decision that paves the way for its completion.

  • February 16, 2017

    More Ex-EPA Employees Pile On Anti-Pruitt Bandwagon

    The number of former U.S. Environmental Protection Agency employees opposed to the confirmation of Oklahoma Attorney General Scott Pruitt as EPA administrator has risen to more than 700, the Environmental Integrity Project said Thursday.

  • February 16, 2017

    FedEx Can Seek Documents On Illegal Cigarette Shipping

    FedEx can seek documents from New York City it believes may shield the company from claims it illegally and knowingly delivered untaxed cigarettes from a Long Island Native American reservation to the Big Apple, a New York federal judge has ruled.

  • February 16, 2017

    Hospital To Pay $1M For Toddler's Accidental Morphine OD

    An Oklahoma federal judge on Wednesday ordered the Chickasaw Nation Medical Center to pay $1 million to the parents of a 2-year-old who was discharged from the hospital too soon after accidentally ingesting his grandmother’s morphine pills and later died, concluding the doctor in charge didn’t meet national standards of care.

  • February 16, 2017

    Gorsuch Nomination Hearings To Kick Off In March

    Opening statements in a hearing on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court will begin on March 20, with questioning of the associate justice-designate commencing the following day, Senate Judiciary Committee Chairman Chuck Grassley said Thursday.

  • February 16, 2017

    Idaho Tribes Slam Bill To Shut Down Gambling Machines

    The Shoshone-Bannock Tribes on Wednesday slammed a bill proposed in the Idaho House of Representatives that would ban tribal video gaming machines in the state, saying the bill would illegally change their deal with Idaho to conduct gambling and likely violate the state constitution.

  • February 16, 2017

    Landowners, Sierra Club Lose Challenge To Iowa DAPL Permit

    A state judge ruled against a number of landowners and the Sierra Club Wednesday in a dispute challenging the Iowa Utilities Board’s grant of a permit to Dakota Access LLC for its controversial $3.8 billion, 1,172-mile crude oil pipeline.

  • February 15, 2017

    Calif. County Can Fight Tribal Casino, DC Circ. Told

    A California county has urged the D.C. Circuit to allow it to challenge a U.S. Department of the Interior decision backing a proposed tribal casino, arguing that it had retained the right to oppose the project.

  • February 15, 2017

    Calif. Tribe Asks To Join County-BIA Suit Over Trust

    The Santa Ynez Band of Chumash Indians asked a California federal court Tuesday to let it intervene in Santa Barbara County's lawsuit challenging the Bureau of Indian Affairs' decision to take more than 1,400 acres of land into trust for the tribe, saying the matter is “of extraordinary importance” to it.

  • February 15, 2017

    Nooksack Tribe Accuses Feds Of Illegally Denying Funding

    The Nooksack Indian Tribe has hit the U.S. Department of the Interior with a lawsuit claiming the federal government has improperly withheld nearly $14 million in funding it owes under contracts with the tribe because the DOI wrongly found the tribe's governing council lacked a quorum.

Expert Analysis

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • OPINION: Time To Recognize Standing Rock's Significance

    Ezra Rosser

    In his second inaugural address, President Obama stated that the most evident of truths, that all people are created equal, guided the United States through Seneca Falls, Selma and Stonewall. We are in a moment that calls for recognition of Standing Rock as a fourth location in this list, says Ezra Rosser, professor of law at American University Washington College of Law.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Beyond Bean Counting: How Legal Can Add True Value

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    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • The Consequences Of Divide-And-Conquer: Carcieri Redux

    Matthew L.M. Fletcher

    Following Carcieri v. Salazar, Indian tribes have struggled to acquire land for gaming purposes, especially due to infighting between tribes seeking to protect their market shares. Tribes also face the challenge that the U.S. Supreme Court is unlikely to review cases that are "factbound and splitless," says Matthew Fletcher of Michigan State University College of Law.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.