Indigenous Governance Database
limited waivers of sovereign immunity
NNI Indigenous Leadership Fellow: Frank Ettawageshik (Part 2)
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…
Michael Taylor: The Practical Issues of Business Development - Some Things to Consider: When to Waive Sovereign Immunity (or Not)
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…
Robert A. Williams, Jr.: Law and Sovereignty: Putting Tribal Powers to Work
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…
NNI Forum: Tribal Sovereign Immunity
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…
Joseph P. Kalt: Sovereign Immunity: Walking the Walk of a Sovereign Nation
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…
In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts
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 is a…