Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
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
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Coyle: Robert's SCOTUS Doesn't Respect Congress
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
What's So Funny About The U.S. Constitution? Colin Quinn's Unconstitutional: Off-Broadway
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
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 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 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 recent “settlement agreement” between the Cheyenne-Arapaho Tribes and the Governor of Oklahoma (Exhibit A hereto) has revived interest in amendment of the terms of the Model Tribal Gaming Compact (the “Compact”) (Exhibit...more
A recent Federal Court decision clarifies and extends federal jurisdiction to Métis and non-status Indians. This ruling is significant because there could be broad financial and policy implications for the federal government....more
On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more
On June 18, 2012, the United States Supreme Court issued its decision in Match-E-be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, permitting an individual who owns land near a tribal casino in Michigan to challenge...more
Commercial contracting with Native American tribes presents a number of complicated and unsettled questions of federal and state law. The increasing visibility of tribal entities in California real estate...more
In This Issue:
Restoring Dignity to the Members of the Quapaw (O-Gah-Pah) Tribe of Oklahoma
A Brief History
For over four centuries the original inhabitants of the region where the Arkansas and Mississippi Rivers...more
For more than a century, the federal government has held substantial funds and 2.9 million acres of land in Arizona in trust for the Tohono O'odham Nation. In United States v. Tohono O'odham Nation, No. 09-846 (cert. granted...more
An environmental group and a band of Native Americans successfully challenged various aspects of a solid waste facility landfill project in San Diego County. The Fourth Appellate District held that the claimants were entitled...more
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