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Native American
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June 11, 2025
4th Circ. Urged To Rethink Block On Federal Grant Restoration
A group of nonprofits and cities asked the Fourth Circuit to reconsider its decision blocking an order that restored 32 congressionally funded grants frozen by the Trump administration, arguing Tuesday that the circuit's approach "would enable the Executive Branch to evade judicial review and unconstitutional actions to go unchecked."
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June 11, 2025
Filmmaker Ends Case Against Netflix, LeBron Over 'Rez Ball'
A California federal judge on Wednesday dismissed a copyright lawsuit with prejudice by a filmmaker who accused Netflix Inc., NBA superstar LeBron James and others of lifting elements from his script to make the movie "Rez Ball" after the parties filed a notice with the court.
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June 11, 2025
Trump DOJ Clears Path To Shrink Or Abolish Nat'l Monuments
National monuments protected by past U.S. presidents can be abolished or made smaller by President Donald Trump, according to an opinion from the Department of Justice's Office of Legal Counsel.
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June 11, 2025
Trump Pick For IRS Chief Clears Key Senate Hurdle
President Donald Trump's nominee to serve as commissioner of the Internal Revenue Service survived a key procedural vote Wednesday in the Senate, setting the stage for the chamber to proceed with a final vote on his confirmation.
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June 11, 2025
4th Circ. To Hear Arguments In Army Boarding School Row
The Fourth Circuit has set arguments in a dispute between the Winnebago Tribe of Nebraska and the U.S. Army over the return of remains of two of the tribe's children that are buried in the Carlisle Indian Boarding School cemetery in Pennsylvania.
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June 10, 2025
Feds Fight Calif. Tribe's Bid To Undo BIA Organization Rule
The federal government is fighting a D.C. Circuit appeal by nine California Valley Miwok Tribe members who are looking to overturn a lower court order allowing an expansion of the tribe's organization, arguing the decision was not arbitrary and capricious.
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June 10, 2025
Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility
A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.
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June 10, 2025
Power Co. Asks Justices To Settle Split In Tribal Tax Dispute
Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.
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June 10, 2025
Tribes' Effort To Overturn Ore. Casino Land Decision Halted
A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.
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June 10, 2025
Trump Wind Farm Pause Has Stalled Projects, Judge Hears
A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.
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June 10, 2025
Ayahuasca Church Brings Religious Use Case To DC Circ.
An Iowa church that seeks to use a psychedelic drug in its rites filed a petition Monday with the D.C. Circuit seeking to compel federal drug enforcers to process an application for a religious exemption to the Controlled Substances Act, which has been pending for over six years.
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June 10, 2025
Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit
Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.
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June 09, 2025
Enviro Groups, Tribes Can Intervene In Coal Leasing Ban Row
A Wyoming federal judge allowed a coalition of tribes and environmental groups to intervene in a challenge to the Biden administration's 2024 decision ending new coal leasing on public lands in the Powder River Basin, citing the groups' participation in prior suits over leasing at the site.
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June 09, 2025
Senate Confirms Gibson Dunn Partner For EPA's No. 2 Post
The U.S. Senate on Monday confirmed David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post.
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June 09, 2025
Feds Approve Mont. Coal Mine Expansion Amid Controversy
The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
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June 09, 2025
NY Tribe Can Revive Lawsuit Against State In Lottery Row
A New York federal judge has allowed the Cayuga Nation to refile its tribal gambling lawsuit against State Gaming Commission officials after the tribe settled its dispute with state-licensed mobile lottery game provider Jackpocket Inc.
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June 09, 2025
Feds Argue Koi Nation's Historic Ties Justify Calif. Land Trust
The Interior Department is looking to dismiss a challenge to its decision to take 70 acres into trust for a proposed tribal hotel and casino project in Sonoma County, California, telling a federal court that the Koi Nation has a significant historical connection to the site.
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June 06, 2025
Bipartisan Bill Would Let Tribes Prosecute Drug Traffickers
Congressional lawmakers have introduced a bipartisan bill that would give tribal nations expanded authority to prosecute non-Native drug traffickers and combat the opioid crisis on their reservations.
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June 06, 2025
Feds Want Comments On Altering ESA Conservation Rule
The U.S. Fish and Wildlife Service on Friday said it's considering altering a Biden-era rule intended to increase participation in voluntary conservation programs, and asked the public for input.
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June 06, 2025
NY Tribe Urges Supreme Court To Overturn Eel Fishing Ruling
A Long Island tribe is asking the U.S. Supreme Court to undo a Second Circuit ruling that rejected its challenge to New York's regulations on eel fishing harvests, arguing that if the decision is held, it would set a precedent allowing district courts to give up their gatekeeping roles on expert testimony.
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June 06, 2025
DOGE Can Access Social Security Data For Now, Justices Say
The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.
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June 06, 2025
New York Says It Won't Rescind Native American Mascot Ban
The New York State Education Department said it won't rescind a ban on the use of Indigenous mascots and names in public schools despite a threat from the Trump administration to pull its federal funding, telling the U.S. Department of Education instead that it's willing to broaden the regulation's reach.
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June 06, 2025
4th Circ. Stays Ruling Restoring Frozen Federal Grant Funding
A split Fourth Circuit panel has blocked a South Carolina federal judge's order directing the federal government to restore 32 congressionally funded grants that were frozen by the Trump administration, while casting doubt on nonprofits' and cities' legal challenge.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.