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Native American
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November 06, 2025
'Restore Coherence': Trump Admin Told To Fully Fund SNAP
The Trump administration must fund the Supplemental Nutrition Assistance Program in full this month, a Rhode Island federal judge ruled Thursday while admonishing the government for "entrenching delay" of benefits for the 42 million low-income Americans who rely on food assistance.
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November 06, 2025
Tribes, Activists Slam Plan To End Park Drilling Protections
Tribal and environmental groups are decrying a Trump administration decision to begin revoking a 20-year ban on future oil and gas drilling within 10 miles of New Mexico's Chaco Culture National Historical Park, saying the mining activity will have a devastating impact on the land's health.
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November 06, 2025
Social Media Apps Must Face Jury After Section 230 Loss
A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.
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November 06, 2025
SD Tribe Says Time Is Right To Fight Dakota Access Pipeline
The Standing Rock Sioux Tribe is asking the D.C. Circuit to reverse a lower court's order dismissing its challenge that looked to shut down the Dakota Access Pipeline, telling the court it is presenting a live, justiciable controversy regarding the federal government's failure to fulfill mandatory statutory obligations.
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November 06, 2025
Judge Backs $68M Army Support Services Award To DNI
A Court of Federal Claims judge affirmed the U.S. Army's decision to award a $68 million systems engineering support deal to DNI Emerging Technologies LLC, ruling that an incumbent contractor's protest failed to raise any reason to disturb it.
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November 06, 2025
FEMA Says States 'Mistaken' On Disaster Mitigation Program
The Federal Emergency Management Agency on Wednesday urged a Massachusetts federal judge to throw out a lawsuit by 22 states and the District of Columbia over the future of a program that funds infrastructure-hardening projects to mitigate the effects of natural disasters.
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November 05, 2025
Lumbee Act Faces Senate Scrutiny Amid Tribal Identity Debate
Generations of ancestors and lawmaker allies have come and gone as the Lumbee Tribe has sought federal recognition, its chairman told the U.S. Senate Indian Affairs Committee on Wednesday, arguing that legislation for the status has been introduced 13 times and its passage is long overdue.
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November 05, 2025
Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit
Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.
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November 05, 2025
Fruit Co. Must Face Tribe's Pollution Suit, Mich. Judge Rules
A Michigan federal judge on Tuesday said a fruit and vegetable company can't dodge a Native American tribe and two environmental groups' claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges.
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November 05, 2025
Calif. GOP Sues To Block Voter-Approved Prop. 50 Districts
A group of Golden State Republicans sued Gov. Gavin Newsom and the state secretary in California federal court Wednesday, challenging the new redistricting maps that California voters approved Tuesday in passing Proposition 50, which could potentially flip five House seats for Democrats in next year's midterm election.
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November 05, 2025
Trump Taps Former GOP Congressman To Lead BLM
President Donald Trump on Wednesday nominated former New Mexico Republican congressman Steve Pearce to lead the Bureau of Land Management, the U.S. Department of the Interior office that oversees energy development on federal lands.
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November 05, 2025
Ex-Mashpee Tribal Leader Gets 3.5 Years For Casino Bribes
The former chair of the Mashpee Wampanoag Tribe on Wednesday was sentenced to a 42-month prison term for orchestrating a bribery scheme tied to the tribe's $1 billion casino project, as a Massachusetts federal judge chastised him for characterizing his yearslong conduct as "mistakes."
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November 05, 2025
Native Hawaiians Sue Over Blocked Access To Sacred Temple
A group of Native Hawaiians are asking a federal court to bar a homeowners' association from blocking their access to an ancient Indigenous temple located within the community, alleging their requests have repeatedly been denied and they are being harassed by residents with entrance rights to the property.
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November 05, 2025
Senate Confirms Jones Day Partner To 9th Circ. Bench
The Senate voted 52-45 on Wednesday to confirm Eric Tung, a partner at Jones Day, as a judge on the Ninth Circuit.
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November 04, 2025
NY Judge Rejects Smoke Shop's Quick Win In Tribal RICO Suit
Retailers sued by the Cayuga Nation over operating unsanctioned smoke shops on tribal land cannot escape the tribe's RICO claims, a New York federal judge ruled Tuesday, saying the tribe sufficiently alleged the retailers used revenue from untaxed tobacco and cannabis to stand up a competing business that harmed the tribe.
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November 04, 2025
Industry, Enviros Oppose EPA Plan To Ditch GHG Reporting
Industry and environmental groups alike are pushing back against the U.S. Environmental Protection Agency's proposal to repeal a program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions.
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November 04, 2025
Calif. Coalition Slams $350M Cut To Minority-Serving Colleges
A coalition of Democratic state and federal California lawmakers is calling on U.S. Education Secretary Linda McMahon to allocate money to support minority-serving colleges and universities, saying the federal government's decision to withhold $350 million in discretionary funding undermines the ability to serve underrepresented communities.
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November 04, 2025
Okla. Tribes Push For Quick Win In Gaming Compact Dispute
Three Oklahoma tribes are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts with the state, arguing that the governor lacked authority to enter into the agreements with two other tribes.
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November 03, 2025
Teachers' Unions Back UC's Challenge To Feds' Funding Cuts
Several community college teachers' unions backed the University of California system's challenge to millions of dollars in cuts to federal funding for higher education projects and programs, saying President Donald Trump's fight with the UC system is trickling down to its community colleges.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
Tribes Push Supreme Court To Overturn Okla. Tax Ruling
The Oklahoma Supreme Court incorrectly ruled that a member of the Muscogee Creek Nation owes Oklahoma income tax, groups representing Native American tribes told the U.S. Supreme Court, asking the justices to hear the case and reverse the ruling.
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November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal
Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
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November 03, 2025
Tribe, Coalition Fight 9th Circ. Bid To Nix Ariz. Land Exchange
An Apache tribe and conservation groups are fighting a Ninth Circuit bid to dismiss their efforts to block a 2,500-acre land exchange within Tonto National Forest, saying the federal government and mining company's arguments inaccurately center on a sentence in the 2014 Southeast Arizona Land Exchange and Conservation Act.
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November 03, 2025
DC Circ. Questions Tribe's Bid To Exclude 1929 Descendants
A panel of D.C. Circuit judges expressed skepticism that a group of California Valley Miwok Tribe members can exclude a wide swath of the organization when drafting a tribal constitution, pressing an attorney for the members on seeming contradictions in their view of the government's role in the process.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
Expert Analysis
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.
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Key Lessons From Youths' Suit Against Trump Energy Orders
A Montana federal court's recent decision in Lighthiser v. Trump, dismissing a challenge by a group of young plaintiffs to President Donald Trump's executive orders promoting fossil fuels, indicates that future climate litigants must anchor their suits in discrete, final agency actions and statutory text, say attorneys at ArentFox Schiff.
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Series
Writing Novels Makes Me A Better Lawyer
Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.