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Native American
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December 09, 2025
Tribes, Gaming Groups Challenge Kalshi's NY Gaming Lawsuit
A slew of tribal gaming associations are backing the New York State Gaming Commission in a dispute with Kalshi over state gaming laws, arguing that the trading platform has unfairly entered the market to the detriment of Indigenous nations' revenue and bargained compacts.
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December 08, 2025
Trump's 'Unlawful' Freeze Of Wind Projects Gets Blocked
A Massachusetts federal judge Monday blocked President Donald Trump's executive order indefinitely pausing permits for wind farm projects, ruling that the order was arbitrary and capricious and contrary to the law.
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December 08, 2025
NC Tribe's Fed Recognition Included In National Defense Bill
Congressional leaders have included a bill in the proposed 2026 National Defense Authorization Act that would give federal recognition to the Lumbee Tribe of North Carolina.
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December 08, 2025
EPA Asks Judge To Let Solar Energy Funding Cuts Stand
The U.S. Environmental Protection Agency told a Washington federal district court that its decision to freeze funding for a low-income solar energy program should stand while states pursue a lawsuit to free up the money.
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December 08, 2025
Borrower's Class Suit Says Tribal Lender's Rates Are Usurious
A tribal lending entity accused of charging customers illegal interest rates ranging from about 500% to 700% does not have any legitimate connection to a Native American tribe, a proposed class has claimed in Kentucky federal court.
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December 08, 2025
Calif. Tribe Looks To Nix Suits Against $700M Casino Approval
A California tribe is asking a D.C. federal court to dismiss three challenges to a U.S. Department of the Interior decision to place 160 acres into trust for its $700 million hotel and casino project, arguing that the consequences of denying its intervention in the litigation would be "grave and severe."
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December 08, 2025
US Lawyer Numbers Surge With Hefty 2024 Graduating Class
The number of U.S. lawyers showed marked growth for the first time since 2020, due to a 2024 graduating class that was nearly 12% larger than any other class since 2012, a study from the American Bar Association released Monday showed.
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December 05, 2025
Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.
Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.
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December 05, 2025
Nuclear Waste Storage Worries Too Hypothetical, Justices Told
A company licensed to temporarily store nuclear waste urged the U.S. Supreme Court to reject a challenge to a condition in its license application to contract with the U.S. Department of Energy once Congress allows it.
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December 05, 2025
9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health
The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.
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December 05, 2025
Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case
The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.
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December 05, 2025
Legislation Targets Reversal Of Oak Flat Land Transfer In Ariz.
An Arizona congressional representative is carrying on her father's initiative to repeal a 2014 National Defense Authorization Act rider that transfers more than 2,422 acres to a copper mining company while litigation to block the move continues to play out in the Ninth Circuit.
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December 05, 2025
Calif. Tribal Water Rights Bill Seeks $500M Fund Approval
California tribal members and two of the state's water management agencies are urging Congress to pass a bill that would establish a $500 million trust fund and transfer 2,742 acres of Bureau of Land Management property as part of a settlement agreement following more than a decade of litigation.
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December 04, 2025
Pot Shop Associate Doubts Judge's Neutrality In RICO Case
A landlord accused of allowing an unauthorized cannabis shop to operate within the Cayuga Nation is asking a New York federal judge to recuse herself less than a week before trial is set to begin, suggesting that the jurist might not be unbiased because counsel for the tribe "helped" her "son get a job."
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December 04, 2025
9th Circ. Says Species' Competing Interests Impact ESA Cases
The Ninth Circuit has ruled that when a court-ordered injunction would protect one animal or plant covered by the Endangered Species Act but harm another, the court must weigh their "competing" interests before taking action.
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December 04, 2025
9th Circ. To Decide Agents' Immunity In Fatal Ariz. Shooting
An Arizona federal judge has agreed to let three U.S. Customs and Border Patrol agents pause a lawsuit against them until the Ninth Circuit weighs in on whether they are immune from the suit claiming they wrongfully shot and killed a Tohono O'odham Nation man.
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December 04, 2025
US, Tribes Ask High Court To Uphold Michigan Fishing Pact
Four Michigan tribes and the federal government are asking the U.S. Supreme Court to reject a petition by the Sault Ste. Marie Tribe of Chippewa Indians to overturn a decision to uphold a 2023 Great Lakes fishing compact, telling the justices that the case is not "the stuff of certiorari."
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December 03, 2025
Wisconsin Village Loses Bid to Block Oneida Land Trust
A federal court judge affirmed an Interior Department decision to place 500 acres of properties into a trust for the Oneida Nation, rejecting claims by a Wisconsin village that the transfers were based on a biased administrative process that wiped out its municipal authority.
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December 03, 2025
House Panel OKs Shot Clocks On Broadband Project Reviews
House Republicans pushed a contentious bill through committee Wednesday to require state and local governments to act within certain timeframes on applications for new broadband projects, or the permits would be deemed granted regardless.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
9th Circ. Asked To Reconsider Idaho Land Swap Decision
The U.S. Department of the Interior and J.R. Simplot Co. are asking the Ninth Circuit to reconsider a decision to invalidate an Idaho land transfer for the expansion of a phosphogypsum plant, arguing that the panel's conclusion flouts Supreme Court precedent and defies federal land management policy's text and central aim.
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December 02, 2025
Utah Youth Bring Renewed Challenge To Fossil Fuel Permits
A group of 10 young Utah residents have urged a state court to declare that more than 300 of Utah's fossil fuel development permits violate their right under Utah's constitution to enjoy life.
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December 02, 2025
Nev. Tribe Seeks En Banc Review In $208M Water Rights Suit
A Nevada tribe is asking the Federal Circuit for an en banc panel rehearing on a decision to dismiss $208 million breach of trust allegations against the Bureau of Indian Affairs, arguing that it misapplied Supreme Court and appellate court precedent concerning the federal government's trust obligations over water rights.
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December 02, 2025
NTIA Chief Says Broadband Program Reforms Save $21B
The federal government has shaved $21 billion off the cost of a broadband deployment program through recent reforms and will unveil policies soon on how those savings will be used, the head of the agency leading the effort said Tuesday.
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
Expert Analysis
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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ICJ Climate Opinion Raises Cos.' Legal, Compliance Risks
The International Court of Justice's recent advisory opinion on governments' climate change obligations could have important consequences for the regulated community — including a more complex compliance landscape, heightened legal risks for carbon-intensive activities, and renewed market and investor focus on climate issues, says J. Michael Showalter at ArentFox Schiff.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.