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Native American
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November 17, 2025
EPA, Army Corps Float Trimming Clean Water Act Powers
The U.S. Environmental Protection Agency and Army Corps of Engineers on Monday proposed new limits on their ability to enforce the Clean Water Act, saying prior understandings of the federal government's authority were too broad.
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November 17, 2025
'Astounding' Holland & Knight Conduct Drives Liability Ruling
Holland & Knight LLP has forfeited a malpractice lawsuit in Alaska by refusing to turn over information to a Native American corporation, with a state judge entering a default judgment as a sanction and calling the firm's conduct "a head scratcher" and "astounding."
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November 17, 2025
Vatican Returns 62 Indigenous Artifacts To Canada
The Vatican has returned 62 artifacts from its ethnological museum collection to Canada's Indigenous people as part of its continuing effort to reckon with the Catholic Church's past role in suppressing the cultural heritage of the First Nations, Inuit and Métis people.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
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November 14, 2025
9th Circ. Judge Rips Feds For 'Trying To Suppress Speech'
A Ninth Circuit panel expressed doubts Friday about the Trump administration's request to reconsider an order reinstating billions of dollars in University of California research grants in light of a recent U.S. Supreme Court ruling, with one judge objecting that "the government is trying to suppress, to penalize speech."
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November 14, 2025
'Constitutional Word Salad': Judge Rips Suit Over Mascot Ban
A New York federal court judge denied a Long Island school district's bid to amend claims in a lawsuit challenging the state's ban on Indigenous mascots, calling proposed changes a "constitutional word salad," but said a district parent could add First Amendment claims to the litigation.
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November 14, 2025
Feds' Use Of AI In Permitting, Rulemaking Raises Concerns
Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings.
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November 14, 2025
Okla. AG, Governor Feud Over Tribal Hunting Enforcement
Oklahoma Gov. Kevin Stitt appointed a special prosecutor to go after Native Americans who hunt or fish on tribal lands without state licenses after Attorney General Gentner Drummond said last month he would not prosecute the cases.
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November 14, 2025
Chamber Asks Justices To Stop Calif. Climate Reporting Laws
Business groups challenging California laws that require large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks have asked the U.S. Supreme Court to prohibit the state from enforcing the statutes during litigation in lower courts.
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November 14, 2025
FCC Urged To Add Tribal Window To C-Band Sale
A public interest group has urged the Federal Communications Commission to add a tribal priority window as the agency develops a plan required by Congress to auction off rights to upper C-band spectrum.
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November 14, 2025
Tribe Fights Enforcement Of Casino Union Recognition Order
A California federal judge should forgo enforcing an arbitration award that requires a Native American tribe to work with UNITE HERE at a tribe-run casino, the tribe argued, saying the award is based on a flawed premise.
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November 14, 2025
DC Circ. Wary Of DEA Delays In Religious Ayahuasca Case
A D.C. Circuit panel on Friday appeared skeptical that the Drug Enforcement Administration was justified in its delays processing an Iowa church's application for a religious exemption to the Controlled Substances Act to use a psychedelic in its rites.
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November 13, 2025
DOJ Sues Newsom Over Prop 50 Redistricting Plan
California's voter-approved Proposition 50 plan for new congressional districts mandates "racial gerrymandering" in favor of Hispanic voters in violation of the equal protection clause, the U.S. Department of Justice alleges in a federal lawsuit filed Thursday against Gov. Gavin Newsom.
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November 13, 2025
Hemp Policy At Crossroads After Government Reopening Bill
Hemp industry advocates are pledging to use the one-year gap between enactment and implementation of the government funding agreement, which effectively recriminalized most hemp-derived THC products, to craft new regulatory legislation that stops short of a full ban.
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November 13, 2025
Tribe Scores Early Win Against Michigan Fruit Processor
A Michigan federal judge has ruled that a fruit-processing company illegally discharged millions of gallons of untreated wastewater into wetlands that feed Michigan's Grand Traverse Bay, granting an early win to a Native American tribe and two local environmental nonprofit groups.
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November 13, 2025
Judge Rejects NY Tribe's Bid To Revive Eel-Fishing Rights
A New York federal judge won't reconsider a decision determining that members of the Shinnecock Indian Nation don't have aboriginal eel-fishing rights off Long Island free of state regulatory fees, saying their arguments lack merit and they can't point to any decisions or data that the court overlooked.
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November 13, 2025
Navajo Father Seeks $10M, Alleging Negligent Police Shooting
A father is suing the federal government and a Navajo Nation police officer for $10 million in damages, alleging the officer negligently and fatally shot his adult son outside his family's home on the Navajo reservation after waiting too long to call for backup and not waiting until help arrived.
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November 13, 2025
Robinhood Can't Block Hypothetical Mass. Gaming Liability
A Massachusetts federal judge on Thursday refused to preemptively shield Robinhood against hypothetical enforcement actions based on the financial platform's role in offering access to prediction market KalshiEX.
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November 13, 2025
Gov't Funding Deal Ends SNAP Benefits Battle
President Donald Trump's signing of a government funding bill Wednesday rendered moot lawsuits seeking to make his administration tap emergency funds for food assistance benefits, the administration told the U.S. Supreme Court on Thursday.
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November 12, 2025
Congress Approves Spending Bill Banning Intoxicating Hemp
The government funding agreement approved by both chambers of Congress includes a provision that would effectively recriminalize most THC products derived from hemp.
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November 12, 2025
Kratom Consumer Drops Suit Over Seltzer's 'Addictive' Effects
A Washington consumer who claims she became addicted to beverage maker Mitra-9's kratom-based seltzers, powders and shots has agreed to drop her lawsuit weeks after the company called the buyer out for claiming to have bought the products before it was even established.
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November 12, 2025
NTIA Aims To Cut 'Red Tape' From Tribal Programs
The Commerce Department agency in charge of two tribal connectivity programs said Wednesday it will streamline their funding rules in a notice coming out next spring.
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November 12, 2025
Energy Dept. Sued Over Blue State Project Award Rescissions
Minnesota's capital city and several clean energy advocates have sued the U.S. Department of Energy in D.C. federal court over its termination of over $7.5 billion in grants for energy projects, accusing the agency of unconstitutionally targeting projects primarily in blue states.
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November 12, 2025
'Weird' Bikini Trust Fight Flipped To Summary Judgment Bid
Calling the dispute over two Bikini Atoll resettlement trusts "weird," "strange" and "very unusual," during a Wednesday hearing, a Delaware Chancery judge converted a motion to dismiss into a motion for summary judgment, ruling the allegations of starvation, coercion and withheld information require factual development before any legal conclusions can be drawn.
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November 12, 2025
Historic Seneca Leader Ely Parker Honored With NY Bar Entry
A New York appellate court has granted posthumous state bar admission to a 19th century Seneca Nation leader and Indigenous rights activist who was denied the ability to practice law because he was a Native American.
Expert Analysis
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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DOJ Actions Signal Rising Enforcement Risk For Health Cos.
The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.