Supreme Court Miniseries: Tribal Rights in the 21st Century
DE Talk | Building Foundational Relationships in Native American & Tribal Communities
Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
Tribal Tax Exemption Under McGirt Gains Preliminary Victory
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
A Way Forward: Energy Industry Ready to Fuel Canada's Recovery
A Native American advocacy group has filed a federal civil rights lawsuit against the New York Board of Regents to stop a rule that prohibits the use of indigenous mascots in public schools from taking effect, saying the ban...more
Jenner & Block filed an amicus brief before the Supreme Court of the United States on behalf of the Fort Mojave Indian Tribe in South Point Energy Center LLC v. Arizona Department of Revenue. The brief calls on the Court to...more
The case of Lexington Insurance Company v. Suquamish Tribe has emerged as a pivotal legal battle concerning the extent of tribal jurisdiction over nonmembers. This case, which has reached the Supreme Court, challenges the...more
Nearly one hundred (100) “[d]efendants brazenly profit from illegal gambling” in California, according to a legal complaint filed by seven (7) casino-owning Native American tribes in the Superior Court of California in...more
Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more
American Indian tribes hold an exceptional legal status within the United States. As semi-sovereign entities, tribes have various rights, including enacting legislation, maintaining an independent judiciary, and governing...more
On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen....more
Indian tribal rights led the Supreme Court’s docket yesterday. In one case, the Court held that the federal Bankruptcy Code abrogated the sovereign immunity of tribal governments. And in another, this time upholding tribal...more
The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more
On Wednesday, November 9, 2022, the U.S. Supreme Court held a three-hour oral argument in the Brackeen v. Haaland case. Brackeen involves constitutional challenges to the federal Indian Child Welfare Act of 1978 (ICWA) that...more
Brackeen v. Haaland, No. 21-380: The Supreme Court granted review in this case (and three other consolidated cases), all of which involve the constitutionality of several provisions of the Indian Child Welfare Act (ICWA)....more
The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more
In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more
The Supreme Court of the United States issued the following decisions: Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: In April 2019, three United States House of Representatives’ committees...more
On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more
On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do...more
In Brackeen v. Zinke, No. 4:17-cv-868-O (N.D. Tex.), the U.S. District Court for the Northern District of Texas declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (the Final Rule) are...more
Anyone reading this publication likely knows that in Murphy v. NCAA, the United States Supreme Court (Supreme Court) held that the Professional and Amateur Sports Protection Act (PASPA) is unconstitutional. Even before the...more
Two types of challenges to the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., now feature prominently: equal protection challenges and challenges based on the “intrafamily dispute” exception to ICWA. A petition...more
When the American Invents Act was passed in 2011, most of us saw the inter partes review process as a streamlined, relatively inexpensive procedure that would permit accused infringers, especially those accused by...more