limited waivers of sovereign immunity
Although the doctrine of tribal sovereign immunity was recently upheld by the Supreme Court in Michigan v. Bay Mills Indian Community, its existence continues to be attacked as “antiquated” and leading to “unfair” results. While most defenses of tribal sovereign immunity focus on how the doctrine...
Harvard Project on American Indian Economic Development Co-Director Joseph Kalt discusses what sovereign immunity is and what it means to waive it, and share some smart strategies that real governments and nations use to waive sovereign immunity for the purposes of facilitating community and...
University of Arizona Professor of Law Robert A. Williams, Jr. provides an overview of the U.S. government's centuries-long assault on tribal sovereignty -- in particular the ability of Native nations to make and enforce law -- and stresses the importance of Native nations systematically building...
Frank Ettawageshik, former chairman of the Little Traverse Bay Bands of Odawa Indians (LTBBO), discusses the critical role that intergovernmental relationship building plays in the practical exercise of sovereignty and the rebuilding of Native nations. He shares several compelling examples of how...
Tulalip Tribes' Attorney Michael Taylor explains when tribes should and should not waive sovereign immunity and why. He also discusses some effective approaches to doing limited waivers of sovereign immunity, and stresses the importance of Native nations building a track record of fair and...
Jamie Fullmer, former chairman of the Yavapai-Apache Nation, discusses how his nation developed a strategic approach to tackling its nation-building challenges during his time in office. He stresses the importance of Native nations and leaders conducting comprehensive of the state of their...
Tribal sovereign immunity has far-reaching implications, impacting a wide range of critical governance issues from the protection and exertion of legal jurisdiction to the creation of a business environment that can stimulate and sustain economic development. Native Nations Institute (NNI) Radio...
Salt River Pima-Maricopa Indian Community (SRPMIC) President Diane Enos provides an overview of SRPMIC's effortto build a diversified economy, the institutional keys to make that effort a success, and the cultural principles SRPMIC abides by as it engages in economic development.
