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Native American
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October 07, 2024
5th Circ. Gears Up To Tackle High Court's ICWA Ruling
The Fifth Circuit Court of Appeals is gearing up to tackle the high court's ruling last year that upheld the Indian Child Welfare Act, which determined that the nearly 50-year-old law does not exceed the federal government's authority in imposing a standard procedure on Indigenous child custody cases.
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October 07, 2024
Treasury Proposes Exempting Tribal Cos. From Income Tax
Tribal-owned businesses would not be subject to federal income tax under proposed regulations released Monday by the U.S. Department of the Treasury, a move that would also allow such entities to be eligible to receive direct cash payments in lieu of clean energy tax credits.
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October 07, 2024
Ex-CEO Of Tribal Telecom Co. Indicted For $500K Fund Theft
A former executive with a telecommunications company owned by the Yurok Tribe has been indicted by a San Francisco federal grand jury on charges she embezzled more than $500,000 from the tribe.
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October 07, 2024
State Courts Splitting Over Future Of Climate Change Suits
Recent decisions on whether climate change suits brought by state and local governments against fossil fuel companies can go forward are exposing splits between state courts over whether they can impose liability for pollution that originates beyond their borders, legal experts say.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Another Ute Tribe Joins Online Gambling Suit Against Colo.
The Ute Mountain Ute Tribe has joined the Southern Ute Indian Tribe in its federal court lawsuit against Colorado Gov. Jared Polis for allegedly violating both tribes' state-tribal gaming pacts by overstepping his right to regulate online sports gambling.
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October 04, 2024
11th Circ. Sends Tribal Loan Dispute Back For Arbitration
An Eleventh Circuit panel has reversed and remanded a lower court's ruling that a Tampa-based consumer collection company cannot compel arbitration in a bid seeking payment on a tribally owned firm's loans, arguing provisions of the agreements require such proceedings under tribal and federal law.
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October 04, 2024
EPA Fights To Save Civil Rights Regs Outside Louisiana
The U.S. Environmental Protection Agency asked a Louisiana federal judge to reject the state's effort to impose a nationwide ban on civil rights regulations focused on disparate impacts.
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October 04, 2024
NY State Gives 1,000 Acres Back To Onondaga Nation
New York's Onondaga Nation has regained 1,000 acres of its ancestral lands in the Tully Valley, making the title transfer one of the largest of its kind by any state, after tribe members have said for decades that the land was unlawfully taken by the federal government in the 18th century.
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October 04, 2024
High Court Bar's Future: Jenner & Block's Adam Unikowsky
In many ways, Adam G. Unikowsky of Jenner & Block LLP has traveled a tried-and-true path — Harvard, elite clerkships, BigLaw — to the upper echelons of U.S. Supreme Court advocacy. But his route to the forefront of the bar's next generation has been less conventional than it might appear, and he spoke with Law360 about how he's climbed so high — and how he excels by avoiding rhetoric that "judges really, really hate."
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October 04, 2024
DC Circ. Won't Pause EPA's Iron Plant Rule
A D.C. Circuit panel rejected bids by U.S. Steel Corp. and Cleveland-Cliffs Inc. to stay a U.S. Environmental Protection Agency rule setting emissions standards for their taconite iron ore processing facilities.
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October 03, 2024
Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal
A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.
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October 03, 2024
Despite Progress, Barriers Remain In Burial Law, Report Says
Despite tighter regulations on a federal law designed to protect and help tribes repatriate burial sites, a continued resistance by institutions in possession of Indigenous remains and artifacts and a lack of funding are still barriers facing the decades-old policy, a federal report says.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
EPA Can Protect Records In Pebble Mine Fight, Judge Says
The U.S. Environmental Protection Agency has secured a blanket protection order on all administrative records that may be subject to copyright protection in litigation brought by Alaska seeking to challenge the agency's veto of the controversial Pebble Mine.
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October 03, 2024
Judicial Picks From 3 States Remain Hearing-Less
With a dwindling number of days left on the Senate's 2024 calendar, Democrats are pushing to confirm more judges so President Joe Biden can meet or exceed former President Donald Trump's record.
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October 03, 2024
California Tribe Says Report Shows Flaws In Water Project
The Hoopa Valley Tribe urged a California federal judge to recognize as fact a recent report issued by the U.S. Department of the Interior's Office of Inspector General, which the tribe argued backs its challenge of the Bureau of Reclamation's management of California's Trinity River.
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October 02, 2024
Tribal Members Ask Montana Court For Satellite Voting Offices
Six members of the Fort Peck Assiniboine and Sioux tribes are asking a Montana state court for an order that would require two counties to set up satellite voting offices on their reservation lands, arguing that without those offices, it will be nearly impossible for Native Americans to cast ballots.
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October 02, 2024
Enviro Groups Seek To Defend EPA's Veto Of Pebble Mine
A slew of environmental groups have called on an Alaska federal judge to let them defend the U.S. Environmental Protection Agency's decision to block a plan to build the controversial Pebble Mine, saying they want to protect the Bristol Bay headwaters from the mine's "devastating and unavoidable adverse impacts."
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October 02, 2024
Feds Can Back ND Tribes In 8th Circ. Legislative Privilege Row
The federal government can participate in arguments later this month before an Eighth Circuit panel in support of two North Dakota tribes in a discovery dispute over legislative privilege in an already-decided Voting Rights Act case, the appellate court says.
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October 01, 2024
Calif. Tribe Can't Block 'Indian Blood' Certification Process
A D.C. federal judge has denied a preliminary injunction request by family members who seek control of the California Valley Miwok Tribe and want the U.S. Department of the Interior to stop using a "Certificate of Degree of Indian Blood" to determine who is eligible for enrollment.
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October 01, 2024
Feds Escape Claims In Okla. Tribe's Casino Land Row
An Oklahoma federal judge has tossed several Comanche Nation claims against the U.S. Department of the Interior in a suit seeking to shut down a rival casino the tribe says is on its historical reservation, ruling that the venue may continue operations during litigation.
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October 01, 2024
Woman Seeks Review Of Evals In BIA Sexual Assault Case
A Northern Cheyenne woman who was sexually assaulted by a Bureau of Indian Affairs officer is asking a Montana federal court for an in camera review of his psychological evaluation and presentencing report to determine whether the documents should be produced as impeachment evidence in the ongoing litigation over the government's liability.
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October 01, 2024
Judge Says Texas Election Law Provision Is Unconstitutional
A Texas federal judge has struck down part of a controversial Texas election law after a six-week bench trial in a decision that Attorney General Ken Paxton vowed to immediately try to block.
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October 01, 2024
EPA Can't Justify Water Permitting Rule, La. Judge Told
Republican-led states and industry groups fired back at the U.S. Environmental Protection Agency's defense of its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns, telling a Louisiana federal judge it goes against what Congress intended with the Clean Water Act.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.