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Native American
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October 23, 2025
Energy Cos. Face Permit, Regulatory Delays Due To Shutdown
Energy companies are starting to feel the pinch of the federal government shutdown, as scaled-back operations and new furlough announcements at the U.S. Environmental Protection Agency threaten the approval of needed permits and the issuance of highly anticipated regulations.
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October 23, 2025
11th Circ. Halts Fla. Detention Center Appeal Amid Shutdown
The Eleventh Circuit has stayed an appeal over the operation of a Florida Everglades immigrant detention center dubbed "Alligator Alcatraz" after the government requested a halt to proceedings due to the federal government shutdown.
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October 23, 2025
Calif. Tribe Joins Suit Seeking To Halt Barred Owl Culling Plan
An Oregon federal judge has let the Yurok Tribe intervene in an animal advocacy group's lawsuit seeking to block the U.S. government from killing thousands of protected barred owls as a means to save the threatened northern spotted owl, saying the tribe has a specific interest in the action.
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October 23, 2025
Judge Says Colorado Online Betting Law Doesn't Violate IGRA
A federal judge on Thursday dismissed a suit by two Colorado tribes that alleged the state is overreaching by trying to regulate off-reservation online sports betting in violation of the Indian Gaming Regulatory Act and tribal gaming compacts.
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October 23, 2025
Wash. Judge Halts Feds From Pulling $9M In Climate Funds
A Washington federal judge temporarily blocked the Trump administration from scrapping more than $9 million of climate resiliency agreements with Washington state, finding state officials likely to prevail on claims the administration acted unlawfully when it abruptly ended them.
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October 23, 2025
NY Tribal Members Can't Block New Financial Aid Policy
A federal district court judge has determined that two New York tribal members can't block a new U.S. Education Department policy that requires Jay Treaty students to provide proof of permanent residence status to apply and receive financial aid, saying their claims fell short for lack of standing.
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October 22, 2025
Ed Dept. Must Face States' Case Over Mental Health Grants
A Seattle federal judge declined to throw out a lawsuit accusing the U.S. Department of Education of illegally discontinuing grants for student mental health programming, recognizing that Washington and other states have valid claims that the move will cut them off from money meant for reducing violence in schools.
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October 22, 2025
Wash. Tribe May Reignite Decades-Old Fishing Rights Dispute
The Sauk-Suiattle Indian Tribe wants to meet and confer with other participants in a 50-year-old Washington federal court case over tribal fishing rights, saying if a meeting doesn't take place it will look to open a new subproceeding to decide where the Swinomish Indian Tribal Community can fish.
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October 22, 2025
Racial, Class Gaps Persist In Strong Year For Law Grad Hiring
Employment for the class of 2024 reached near-record levels, but graduates from underrepresented backgrounds were less likely to secure attorney positions or judicial clerkships, according to newly released data from the National Association for Law Placement.
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October 22, 2025
Unions Pursue More Protection For Federal Workers In Shutdown
Eight unions asked a California federal judge to step up the level of protection she provided to thousands of federal workers' jobs during the government shutdown, urging her to expand the number of jobs she's protecting and turn a temporary restraining order into a preliminary injunction.
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October 22, 2025
Montana Tribe's $325K Public Safety Bid Too High, Feds Say
The federal government says it has provided every available dollar to the Northern Cheyenne Tribe for criminal investigations and telecommunications services, arguing that a decision to only partially fund the tribe's contract proposal is consistent with the spirit and letter of the Indian Self-Determination and Education Assistance Act of 1975.
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October 22, 2025
10th Circ. Won't Revive Ex-IHS Doc's Retaliation Suit
A doctor can't reinstate his suit alleging he was terminated from the U.S. Indian Health Service for complaining that his COVID-19 vaccine exemption request was rejected and that superiors failed to investigate sexual misconduct, the Tenth Circuit said, upholding a win for the IHS and a staffing company.
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October 22, 2025
Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims
Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.
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October 22, 2025
NHL Embraces Prediction Market With Kalshi, Polymarket Deals
The National Hockey League on Wednesday announced it had entered "landmark" multiyear agreements with Polymarket and Kalshi following a recent surge in the popularity of prediction market platforms, which have also faced several recent legal challenges.
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October 21, 2025
Tribes Ask Justices To Keep Enbridge Suit In Mich. State Court
Ten tribal nations have asked the U.S. Supreme Court to refuse Enbridge Energy LP's bid to move the Michigan attorney general's lawsuit seeking to shut down a pipeline out of state court, saying Tuesday the company wrongly wants to change the rules on a deadline it missed.
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October 21, 2025
Tribe's Home Defects Suit Belongs In Arbitration, Judge Told
Lennar Corp. on Tuesday told a Florida state judge that the Seminole Tribe's lawsuit alleging construction defects in more than 550 homes built for its members must be arbitrated, arguing that purchase agreements contain provisions that require the warranty claims to be resolved out of court.
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October 21, 2025
Frank's Landing Fights State Court Over School Jurisdiction
A self-governing dependent Indian community has sued a Washington state court clerk in federal court, seeking to stop her from asserting jurisdiction over an underlying dispute about the replacement of a superintendent at a school in Indian country.
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October 21, 2025
Third Tribe Signs Deal To Open Cannabis Shops In Minnesota
Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.
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October 21, 2025
2 Calif. Tribes Seek Early Win Against OK'd Casino Project
Two California Native American tribes and an environmental nonprofit are seeking a summary judgment win in their suit accusing the federal government of improperly approving another California tribe's casino project that they say hasn't been properly assessed for environmental impact.
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October 20, 2025
States, DC Fight Feds' Bid To Cut Billions In OMB Grant Case
Twenty-three states and the District of Columbia have told a Massachusetts federal judge to hold onto their case challenging the Trump administration's use of "a single subclause" buried in a U.S. Office of Management and Budget regulation to shut off billions in federal grants.
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October 20, 2025
Lack Of Police Funding 'Catastrophic' For SD Tribe, Suit Says
A South Dakota tribe is asking for an order that would require the federal government to sufficiently fund its public safety resources, arguing that the United States' failure to treat law enforcement as a trust and treaty obligation continues to be catastrophic for it and its members.
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October 20, 2025
Youths Appeal Dismissal Of Challenge To Trump Energy Orders
A group of youths filed a notice of appeal with the Ninth Circuit on Monday, seeking to overturn a Montana federal judge's dismissal of their lawsuit aimed at undoing President Donald Trump's energy-related emergency orders.
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October 20, 2025
Red States Back Alaska In High Court Fishing Regs Dispute
Twenty Republican-led states and leaders of the Arizona Legislature are backing Alaska in its U.S. Supreme Court bid to undo a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, telling the justices that there are detrimental consequences flowing from the appellate court's decision.
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October 20, 2025
EEOC Says It Hasn't Issued Layoff Notices Amid Shutdown
The U.S. Equal Employment Opportunity Commission has not laid off workers during the government shutdown and will not do so per an order blocking the federal government from terminating employees during the lapse in funding, the agency told a California's federal court.
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October 20, 2025
More Fed. Workers Added To TRO Blocking Shutdown Layoffs
A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.