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Native American
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June 20, 2025
San Antonio Pushes To Repair Park Amid Tribal Dispute
The city of San Antonio has asked the Fifth Circuit to lift a stay on a tribal appeal after the Texas Supreme Court answered a question about a state law addressing religious practices, arguing that the high court's opinion rules out two Native Americans' claims.
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June 20, 2025
Kansas Sheriff Loses Bid To Dismiss Tribal Jurisdiction Suit
A Kansas federal judge has denied a county sheriff's bid to dismiss the Prairie Band Potawatomi Nation's suit over tribal jurisdiction, saying the tribe has standing to sue and has plausibly shown that it will suffer irreparable harm unless the court issues injunctive relief.
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June 20, 2025
Invest In More Broadband Use, Not Overbuilds, Report Says
The federal government should be spending its money on making sure areas with no internet at all are getting connected, not "overbuilding" in areas that already have it, a new report says on the best way to close the digital divide.
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June 20, 2025
Okla. Gov., Freedmen Object To Tulsa Tribal Settlement Stay
Oklahoma Gov. Kevin Stitt is urging an Oklahoma federal court to deny a request by the city of Tulsa and the Muscogee (Creek) Nation to extend a stay in a jurisdictional dispute as settlement talks continue, arguing that the state's involvement in the negotiations is the required.
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June 20, 2025
DOT Blocked From Conditioning Grants On Immigration Policy
A Rhode Island federal judge on Thursday preliminarily blocked the U.S. Department of Transportation from conditioning billions of state grant dollars on enforcing President Donald Trump's immigration crackdown agenda, finding that a 20-state coalition is likely to win its constitutional legal fight and will be irreparably harmed without an injunction.
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June 18, 2025
Psychedelics And The Law In Focus At Colo. Conference
Colorado Gov. Jared Polis announced a pardon for all state-level convictions for psilocybin and psilocin possession at a psychedelics conference this week, in recognition that these substances are now legal in the state and in another indication that their relationship with the law is in flux.
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June 18, 2025
Feds Refer NY To Justice Department Over Native Mascot Ban
The federal government is referring the New York State Education Department and its Board of Regents to the U.S. Department of Justice for enforcement actions over the state ban on the use of Native American mascots in public schools after education officials rejected a proposal to resolve alleged civil rights violations.
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June 18, 2025
Bills On Both Sides Of Capitol Hill Seek Tech Deployment Help
Rural wireless companies praised the recent filing of bills in both chambers of Congress to expand responsibility for funding phone and broadband subsidies to edge providers and tech companies, saying the programs are "no longer sustainable" without more revenue sources.
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June 18, 2025
NY Tribe Looks To Block Long Island Town Code Enforcement
A Long Island tribe is asking a New York federal court to block the Town of Southampton from imposing its municipal codes on 84 acres of their lands, saying its officials are attempting to prevent them from using the site for economic gain.
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June 18, 2025
Senate Adds Full 5-Year Term For New FCC Commissioner
The U.S. Senate on Wednesday confirmed Olivia Trusty, a newly added member of the Federal Communications Commission, to serve another five years in addition to the term ending June 30 that lawmakers had approved the day before.
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June 18, 2025
AGs Tell 3rd Circ. To Close 'Loophole' In Kalshi Betting Case
A bipartisan group of attorneys general co-led by Ohio Attorney General Dave Yost, a Republican, pressed the Third Circuit to prevent trading platform Kalshi's "broad preemptive coup," urging the appellate court to allow New Jersey to regulate the company.
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June 17, 2025
FCC Says Tribe's New Radio Station Reach Can Fall Short
The Northern Arapaho Tribe of Wyoming will be getting a new radio station after the FCC granted the tribe a waiver that will let it bypass a requirement that it cover 50% of the reservation, which is bigger than Delaware and Rhode Island put together.
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June 17, 2025
ND Secretary Fights Tribes' 8th Circ. Voting Rights Rehearing
North Dakota Secretary of State Michael Howe is urging the Eighth Circuit to deny two Native American tribes' bid for a rehearing in their voting rights challenge, arguing their petition misinterprets the appellate court's opinions and overstates U.S. Supreme Court precedent on the issue.
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June 17, 2025
9th Circ. Says Chinook Can't Get Tribal Status From Courts
The Chinook Indian Nation can't revive its bid seeking federally recognized tribe status that would entitle it to benefits from the U.S. government after the Ninth Circuit issued an order Tuesday finding the process for federal recognition comes from the U.S. Department of the Interior, not the federal judiciary.
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June 17, 2025
Domestic Violence Groups Sue Feds Over Grant Restrictions
A group of domestic violence and sexual assault coalitions is asking a federal court to block the Trump administration from imposing restrictions on grants by the Department of Justice's Office on Violence Against Women, saying the new rules make it impossible to effectively operate their programs that help victims.
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June 17, 2025
Feds Waive Laws Again To Expedite Border Wall Construction
Homeland Security Secretary Kristi Noem revealed on Tuesday that she is once again waiving a number of environmental and historical preservation laws to facilitate border wall construction, this time in Texas.
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June 17, 2025
BLM Says Enviro Groups' Lease Suit Lacks Real Controversy
The U.S. Bureau of Land Management is urging a Colorado federal judge to throw out a suit environmental groups filed over nearly two dozen suspended oil and gas leases, arguing that the groups are trying to create a controversy where none exists.
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June 16, 2025
NY Looks To End Long Island Tribal Fishing Rights Row
New York officials have asked a federal judge to toss a long-standing dispute with the Shinnecock Indian Nation over fishing off of Long Island, arguing that tribal members have filed invalid claims to their purported rights to fish in waters at the town of Southampton.
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June 16, 2025
Gaming Group Backs High Court Fight In Wash. Compact Row
The California Gaming Association is backing a casino owner and operator in its U.S. Supreme Court bid to undo a Ninth Circuit ruling dismissing the company's challenge to Washington state tribal gaming compacts, arguing the nonprofit has an interest in ensuring its members can pursue their legal claims.
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June 16, 2025
Cannabis Regulators Association Names New Board Members
The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.
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June 16, 2025
Texas Justices Say Park Repairs Trump Native Religion Claims
A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.
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June 16, 2025
Steakhouse Wants Class Unraveled In Tip Credit Suit
A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.
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June 16, 2025
Rural Broadband Cos. Say Scalability, Cost Key To Buildout
Rural network providers are happy about some of the changes the U.S. Department of Commerce is making to the multibillion-dollar broadband deployment program BEAD, but say they also think the government should turn a keen eye toward making sure projects are scalable and cost-efficient.
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June 16, 2025
6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit
A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥 but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥 approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges 鈥 including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure 鈥 in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons 鈥 due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥 but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well 鈥 including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys 鈥 new ones especially 鈥 there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer 鈥 and a better person 鈥 because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today鈥檚 junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you鈥檙e an attorney considering a move to the Great White North, you鈥檒l need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.