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Native American

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Opioid MDL Needs Gov't Docs To Advance, Drugmakers Say

    Opioid makers and pharmacies on Monday backed a special master's ruling that requires local governments suing drugmakers in multidistrict litigation over the opioid epidemic to identify hundreds of prescriptions, saying that so far they've borne the brunt of coughing up discovery information.

  • October 15, 2018

    Feds Back Tribe Against Wis. Village In Apple Festival Row

    The federal government has urged a judge to rule for the Oneida Nation in its suit over a Wisconsin village’s permitting requirements for an apple festival, saying the village lacked authority to regulate the tribe at the festival's site because it still lay within the tribe's reservation, which was established in the 1800s and never subsequently reduced in size.

  • October 15, 2018

    Feds Must Face Suit Over Diabetic's Death At IHS Hospital

    A Nebraska federal judge has allowed a suit to move forward accusing an Indian Health Service hospital of causing the death of a diabetic patient by misdiagnosing her condition, saying the patient’s estate properly exhausted its administrative remedies under the Federal Tort Claims Act.

  • October 15, 2018

    Mich. Group Seeks Quick Win On BIA Tribal Recognition Regs

    A Native American group from Michigan urged a D.C. federal judge Friday to hand it a win in its suit over its lack of recognition by the federal government, saying the Bureau of Indian Affairs is illegally blocking the group from trying to obtain recognition again after having rejected its initial bid over a decade ago.

  • October 15, 2018

    High Court Won't Hear Tribe's Tax Arbitration Case

    The U.S. Supreme Court on Monday declined to take up the Citizen Potawatomi Nation’s bid to restore a $27 million arbitration victory against Oklahoma involving an alcohol sales tax exemption that was struck down by the Tenth Circuit.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Jury Clears Former SD School Exec In Contract Coverup

    A South Dakota jury has acquitted the former head of a proposed Black Hills school of charges he backdated contracts to avoid a potential audit after the school’s chief financial officer killed himself and his family amid theft accusations, according to news reports.

  • October 12, 2018

    Feds, Calif. Urge 9th Circ. Not To Revisit Tribal Bingo Suit

    The federal government and California jointly urged the Ninth Circuit on Friday to reject the Iipay Nation of Santa Ysabel’s request that the appellate court rethink its ruling affirming a lower-court decision that shut down the tribe’s online bingo website, saying the ruling didn’t overlook the facts or the law.

  • October 12, 2018

    Alaska Hunter Says Feds Can't Justify Hovercraft Ban

    An Alaska moose hunter pressed the U.S. Supreme Court to overturn a Ninth Circuit decision backing the National Park Service’s right to apply its hovercraft ban on an Alaska river, saying the Alaska National Interest Lands Conservation Act was intended to block the agency’s authority over waters in the state it doesn’t own.

  • October 12, 2018

    Van Ness Feldman Expands With 5 Partners In Calif., DC

    Van Ness Feldman LLP gained five Hunsucker Goodstein PC partners as the two firms combined, with two of the Hunsucker attorneys heading up a new San Francisco Bay Area office focused on environmental practice and litigation. 

  • October 12, 2018

    ND Lawmakers Propose Framework For Tribal Tax Cooperation

    North Dakota could collect certain state taxes on Native American reservations and distribute the revenue to Native American tribes under proposed legislation recently discussed at an interim legislative committee meeting.

  • October 11, 2018

    Permian Water Disposal A Thorn In Our Side, Oil Execs Say

    Disposing of water used in oil and gas operations in the relatively rural stretches of the Permian Basin is one of the biggest challenges facing energy companies, executives from Shell and Callon Petroleum Co. said at a Houston energy panel on Thursday.

  • October 11, 2018

    Tribes Seek Stay To Appeal Indian Child Welfare Act Ruling

    Four tribes have urged a Texas federal judge to stay his recent decision handing states and foster families a quick win on most claims in their suit challenging the Indian Child Welfare Act, saying the ruling is likely to be overturned on appeal and a stay is needed to protect Indian children.

  • October 11, 2018

    US, Mining Co. Say No More Tribal Claims In Mine Permit Case

    A mining company and the federal government have told a Wisconsin federal court that the Menominee Indian Tribe of Wisconsin should not be able to add claims to its challenge to the state’s authority to issue permits for a proposed mine.

  • October 11, 2018

    Senate Gives Nod For Top DOJ Enviro Post After Long Wait

    The Senate approved President Donald Trump's nominee Jeffrey Bossert Clark for assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division on Thursday in a largely party-line vote, concluding a nomination process that started more than a year ago.

  • October 11, 2018

    Tribes, Wis. Battle Over How Casino Case Fits IGRA 'Zone'

    Two Wisconsin tribes and the state have filed memos to answer the Seventh Circuit's question about whether disputed plans for a casino expansion fall within the "zone of interests" protected by the Indian Gaming Regulatory Act, but none of the parties’ arguments aligned on how to interpret the IGRA’s intent.

  • October 10, 2018

    Enviros Ask Ga. Court To Uphold EPA, Army Corps Water Rule

    Environmental groups on Wednesday asked a Georgia federal court to uphold the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers’ highly contested Clean Water Rule and dissolve an injunction barring the agencies from implementing the rule.

  • October 10, 2018

    DOI Facing FOIA Suit Over Zinke Travel Records

    A conservation group and a transparency advocate jointly filed suit in D.C. federal court Wednesday against the U.S. Department of the Interior accusing it of repeatedly failing to provide travel documents and other information about Secretary Ryan Zinke requested under the Freedom of Information Act.

Expert Analysis

  • Beware Litigating Against Tribal Entities In Federal Court

    Richard Duncan

    Two recent decisions demonstrate the difficulty of keeping commercial disputes involving Indian tribes in federal court — and the risks to parties assuming they can adjudicate disputes against tribal businesses in the same way they litigate disputes with nontribal entities, say attorneys at Faegre Baker Daniels LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Opinion

    First Nation Custody Disputes Should Be Resolved By Tribes

    Grant Christensen

    In Beaver v. Hill, Canada's Superior Court has ordered the proceedings to be heard entirely by Ontario courts under Ontario law. The United States Supreme Court recognized the importance of indigenous autonomy over family law matters more than four decades ago, and Canadian courts need to follow suit, says Grant Christensen of the University of North Dakota.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.