Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
PennDOT to Increase Number of Pennsylvania Bridges with Weight Restrictions
Harvey Miller: Detroit Will Be In Bankruptcy "For A Long Time"
Grayson: Only 1 Agency Should Regulate Wall Street
A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a...more
In a clash of competing sovereigns’ interests, the Second Circuit recently upheld, for now, the authority of the New York Department of Financial Services (DFS) to regulate online payday loans made by Indian tribal lenders to...more
Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more
In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more
Canadian law has long recognized the rights of aboriginal peoples, sometimes called First Nations, as the first occupiers of the land. With the founding of Canada in 1867 constitutional powers were...more
The Supreme Court of Canada has delivered two significant decisions this summer regarding Aboriginal title and treaty rights. In June, the Tsilqhot’in decision affirmed Aboriginal title over a discrete area of central British...more
On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the...more
In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon...more
Despite the significant media attention that the recent Supreme Court of Canada (SCC) decision in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (Decision) has received, it represents a reiteration of established law...more
On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant...more
On May 27, 2014, the Supreme Court ruled that under the Indian Gaming Regulatory Act (IGRA), states may only sue to enjoin a tribe from conducting class III gaming “on Indian lands.” Michigan v. Bay Mills Indian Cmty., 2014...more
On April 17, 2014, the Federal Court of Appeal allowed the appeal, in part, of a January 2013 Federal Court decision extending federal jurisdiction to Métis and non-status Indians by modifying the Federal Court’s declaration...more
On April 3, 2014 the British Columbia Supreme Court released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 568. The case concerned an application for judicial...more
The Office of the Solicitor of the Department of the Interior has issued a legal opinion (the “Opinion“) to the Secretary of the Interior interpreting the statutory phrase “under federal jurisdiction” in the Indian...more
The landmark ballot referendum proposing to reverse the California Legislature’s ratification of two off-reservation tribal casinos is being challenged in state court litigation seeking to block the referendum from appearing...more
In response to the United States Supreme Court’s ruling in Carcieri v. Salazar, 555 U.S. 379 (2009), the Office of the Solicitor for the United States Department of the Interior issued a memorandum opinion on March 12, 2014,...more
Bit by Bit(coin), Virtual Currency Inches Toward Regulation -
Has the time come to regulate virtual currency? At a recent hearing held by the New York Department of Financial Services, the answer appeared to be “yes.”...more
The decision of the Ontario Court of Appeal in Detlor v. Brantford (City) helpfully addresses the intersection between municipal jurisdiction and constitutional law. In upholding the power of municipalities to pass by-laws...more
On November 13, the CFPB filed an amicus brief in a Second Circuit case stemming from efforts of the New York Department of Financial Services (DFS) to crack down on lenders offering allegedly illegal payday loans. Certain...more
The doctrine of sovereign immunity acts as a powerful protection for any sovereign entity. By prohibiting the courts from adjudicating whether or not the sovereign party breached a contract, committed a tort, or otherwise...more
The U.S. Court of Federal Claims recently dismissed the breach-of-trust claims in Hopi Tribe v. United States based on the tribe’s failure to identify a specific money-mandating trust duty owed by the Government. The Hopi...more
In Wolfchild v. United States, the Federal Circuit held that nineteenth-century laws authorizing the U.S. Department of the Interior to spend funds for the benefit of certain Indians did not create a money-mandating duty owed...more
The New York Department of Financial Services (DFS) may take direct and indirect actions against online tribal lenders, Judge Richard Sullivan of the Southern District of New York held in a ruling last week. The decision is...more
The U.S. Court of Federal Claims recently denied the Government’s motion to dismiss T.C. Bear v. United States, a congressional reference case, involving breach-of –trust claims brought by the Quapaw Tribe of Oklahoma...more
The U.S. Court of Federal Claims recently awarded the Jicarilla Apache Nation $21 million in damages for the Government’s decades-long failure to honor its fiduciary obligations owed to the Jicarilla Apache. In Jicarilla...more
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