Native American

  • February 9, 2018

    ​​​​​​​At 40, ICWA May Be Facing Its Biggest Legal Hurdle

    The Indian Child Welfare Act has proved to be a powerful tool to keep Native American children with tribal families since it was enacted in 1978, but a recent suit by Texas, Louisiana and Indiana might be the sternest challenge yet to the constitutionality of the law.  

  • February 9, 2018

    SD Tribe Blasts NRC's Take On Standing To Dispute Mine

    The Oglala Sioux Tribe pushed back Thursday in the D.C. Circuit against a letter by the U.S. Nuclear Regulatory Commission, claiming a recent circuit decision buoys its case, not the NRC’s, in its fight over a South Dakota uranium mine permit.

  • February 9, 2018

    Dakota Access Owners Press RICO Suit Against Enviros

    The operator of the controversial Dakota Access pipeline urged a North Dakota federal judge Thursday not to toss its suit accusing Greenpeace and other environmental groups of destroying company property and threatening executives with death.

  • February 9, 2018

    Enviro Analysis Says Congress Threatens Access To Courts

    Earthjustice on Thursday released an analysis of more than 50 pieces of legislation introduced in Congress that it said could restrict the public’s ability to seek justice in court, saying the measures could “erect permanent obstacles” for people trying to defend their rights.

  • February 9, 2018

    Wis. Tribe Sues State For Right To Grow Hemp

    A federally recognized tribe in Wisconsin hit the state’s attorney general with a lawsuit on Thursday in an attempt to go forward with a hemp and nonpsychoactive hemp oil program on its land without the danger of criminal prosecution from state authorities.

  • February 9, 2018

    Cherokee AG Wants Federal Opioid Jurisdiction Case Dropped

    The attorney general of the Cherokee Nation on Thursday asked an Oklahoma federal court to dismiss a suit filed by pharmacies and drug distributors aimed at halting a tribal court case against them that alleged liability for opioid addiction, saying the tribal court case had ended.

  • February 8, 2018

    TSA Settles Native American Sacred Item Screening Suit

    The U.S. Transportation Security Administration has agreed to settle a lawsuit that alleged some of its agents handled certain items in a former Native American Church of North America president’s carry-on bag that he considered sacred in a rough manner, according to an announcement from the man’s counsel on Wednesday.  

  • February 8, 2018

    Tribe Wants Bank’s $1M Fees Nixed After Embezzlement Row

    The Paskenta Band of Nomlaki Indians has urged the Ninth Circuit to overturn a California federal judge’s decision handing $1 million in attorneys’ fees to a bank the tribe accused of helping former tribal leaders carry out a multimillion-dollar embezzlement scheme, saying a contract between the tribe and the bank didn’t allow the fees award.

  • February 8, 2018

    $7M DOD Cloud Contract Support Deal Hit With Protest

    An enterprise technology group has challenged the U.S. Department of Defense’s $7 million sole-source deal recently awarded to an Alaska Native-owned small business to support the DOD’s high-profile cloud computing acquisition process, filing a bid protest with the U.S Government Accountability Office.

  • February 8, 2018

    ND Asks 10th Circ. To Keep Fracking Rule Rejection In Place

    North Dakota said on Wednesday that new developments support its argument that the Tenth Circuit should keep in place a lower court’s determination that the government did not have the power to apply an Obama-era fracking rule to tribal and federal land.

  • February 8, 2018

    Tribe, Enviros Give Up Suit Over Klamath Logging Project

    A California federal judge on Thursday signed off on a request from the Karuk Tribe and several environmental groups to have their own case challenging a logging project in the Klamath National Forest tossed.

  • February 8, 2018

    Corps Unresponsive In Dakota Access Permit Fight: Tribe

    The U.S. Army Corps of Engineers has not been responsive to the Cheyenne River Sioux Tribe’s request for information and efforts to participate in an additional review of the Dakota Access Pipeline ordered by a D.C. federal judge, the tribe said Wednesday.

  • February 7, 2018

    Co. Drops Suit Over Tribe's Canceled Super Bowl Venue

    A company contracted to create a temporary venue for artists to perform dropped its suit against a Shakopee Mdewakanton Sioux Community-owned limited liability company for allegedly illegally canceling the facility, which was supposed to be used leading up to and on the night of Super Bowl LII, according to a Tuesday filing in Minnesota federal court.

  • February 7, 2018

    Okla. Asks Justices To Eye Tribal Boundaries In Murder Case

    The state of Oklahoma urged the U.S. Supreme Court on Tuesday to hear its challenge to a Tenth Circuit decision tossing the state court murder conviction and death sentence of a Muskogee (Creek) Nation member because the killing in question took place within the tribe’s reservation boundaries, saying the ruling “could result in the largest abrogation of state sovereignty by a federal court in American history.”

  • February 7, 2018

    States Urge 11th Circ. To Quickly Remand Water Rule Case

    Ten states on Tuesday asked the Eleventh Circuit to hurry up and transfer a legal challenge to the U.S. Environmental Protection Agency’s Clean Water Rule to federal district court so they can get a faster decision on their bid to halt the rule’s implementation.

  • February 7, 2018

    Bankrupt Payday Lender Can't Move CFPB Suit To Texas

    A Montana federal judge refused to transfer a CFPB action alleging Think Finance duped borrowers and used sham tribal payday lenders to collect money it was not owed, finding Tuesday the case need not be moved to where the financial technology company’s Texas bankruptcy is.

  • February 7, 2018

    Texas Tribe Looks To Halt E-Bingo Order Pending Appeal

    The Alabama-Coushatta tribe on Tuesday asked a Texas federal court to hold off on enforcing an order likely barring the tribe from operating electronic bingo games while it appeals, saying it would otherwise have to close its electronic bingo center and force hundreds out of work.

  • February 7, 2018

    Senate Panel Again Advances Trump's EPA Deputy Pick

    The U.S. Senate Committee on the Environment and Public Works on Wednesday again advanced President Donald Trump's pick for the U.S. Environmental Protection Agency's second-in-command post on a strict party-line vote, with Democrats grounding their opposition in the nominee's background as a coal industry lobbyist.

  • February 6, 2018

    DOI Says Absence Of Compact Sinks Tribe's Gambling Claims

    The U.S. Department of the Interior urged a D.C. federal judge Monday to toss claims the department failed to act in time on proposed amendments to the Mashantucket Pequot's gambling deal with Connecticut for a new casino, saying the tribe isn't offering gambling under a tribal-state gaming compact that would allow it to bring such claims.

  • February 6, 2018

    Conn. Lawmakers Float Plan To Open Bidding For New Casino

    A group of Connecticut lawmakers said in a statement Tuesday that they will introduce a bill to invite bids to build the state’s next casino, a plan that would undo the state legislature’s approval of the Mohegan and Mashantucket Pequot tribes’ planned $300 million casino project and require the tribes to battle a rival proposal from MGM Resorts International.

Expert Analysis

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Defending The National Historic Preservation Act: Part 2

    Ann Berkley Rodgers

    Tribal consultation pursuant to the National Historic Preservation Act can and should be a collaborative process. Tribes should not be fearful of collaborating with project proponents, and federal agencies must allow for new strategies that are best suited to the proposed project, say attorneys with Chestnut Law Offices PC and Hobbs Straus Dean & Walker LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Defending The National Historic Preservation Act: Part 1

    Ann Berkley Rodgers

    The federal rush for infrastructure and energy development, combined with the ongoing Dakota Access pipeline saga, is placing the National Historic Preservation Act in jeopardy. This law is important for preventing the destruction of places significant to tribal culture, say attorneys with Chestnut Law Offices PC and Hobbs Straus Dean & Walker LLP.