Native American Tribal sovereignty and the budding cannabis industry have intersected in a unique way, giving rise to an evolving landscape. Exercising their inherent rights to self-governance, many Tribes are exploring and...more
A Nebraska tribe’s tobacco businesses are asking the U.S. Supreme Court to overturn the Eighth Circuit Court of Appeals’ ruling in HCI Distribution Inc., et al. v. Michael T. Hilgers, et al. This decision concluded that the...more
When the Eastern Band of Cherokee launched sales of adult-use cannabis in September 2024 through a dispensary in western North Carolina, it presented a seismic shift. Unlike most other Tribal Nations that sell cannabis, the...more
Five years since the Republic of Mozambique issued its claim in the English High Court against Privinvest and other participants in one of the largest sovereign corruption scandals of modern memory – the so-called "Tuna Bond"...more
As discussed throughout this series, mine permitting in the United States is a complicated process. The permitting authorities are a mix of state and federal agencies, and that mix varies depending on where the mine is...more
Jessica Roberts, an associate in Davis Wright Tremaine's Business & Transactions Practice, draws on her personal background and knowledge of federal Indian law and tribal law to help clients transcend cultural barriers when...more
For our clients in Indian Country, the recent Executive Order is a welcome development as Tribal Nations plan and allocate funding to future projects. On Dec. 6, during the White House Tribal Nations Summit, President Biden...more
The Bureau of Indian Affairs (BIA), in an effort to improve and streamline the tribal land acquisition application process, recently announced changes to the pertinent federal regulations, 25 CFR Part 151. Prior to the...more
Years ago, when I was a law student in a moot court competition, our imaginary client was in need of an argument. Factually and legally, our side had been put in one of those tight corners for which the Jessup Moot is...more
Public support for medical cannabis in North Carolina is quite strong. In fact, according to a Meredith College poll conducted in February 2023, 73% of North Carolina voters, including 64% of Republicans, support a law...more
Ysleta del Sur Pueblo v. Texas, No. 20-493: Whether the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act provides the Ysleta del Sur Pueblo with sovereign authority to regulate non-prohibited...more
On June 1, in a landmark case, the U.S. Supreme Court declared unanimously that tribal police officers have the authority to temporarily detain and search non-Natives on public rights-of-way through Indian lands if they are...more
On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public...more
Today, the Supreme Court of the United States issued the following two decisions: United States v. Cooley, No. 19-1414: When a tribal officer saw a truck parked on the side of a public highway within the Crow...more
Many countries across the Americas are home to large indigenous populations: Mexico has around 25.7 million people, Guatemala, 6.5 million, Bolivia 5.4 million, the US 4.3 million and Canada, 1.7 million. Such indigenous...more
Although the American Rescue Plan has received widespread attention for its historic size and extensive scope, one notable aspect of the new law that has generally escaped notice is its unprecedented resources dedicated to...more
On 19 September 2020, China's Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (Order No.4 of 2020) (provisions), which immediately came into effect. It has been over one year since MOFCOM...more
La Corte Interamericana de Derechos Humanos (CIDH) emitió sentencia en el caso de Comunidades Indígenas Miembros de la Asociación Lhaka Honhat (Nuestra Tierra) vs. Argentina, conforme a la cual declaró que Argentina violó los...more
Last week, the New York Supreme Court, Suffolk County, denied an application for a preliminary injunction to enjoin the completion, maintenance and operation of two sixty-foot tall electronic billboard-monuments (“Project”)...more
In an effort to protect Indian tribal members and residents of Indian reservations and slow the spread of COVID-19, several tribes have issued shelter-in-place orders. Like the orders issued by a number of state governors,...more