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Indigenous Governance Database

waiver of sovereign immunity

In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts

In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts
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...
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John Petoskey: Tribal Sovereign Immunity and the Michigan v. Bay Mills case: What the Future Likely Holds and How Native Nations

John Petoskey: Tribal Sovereign Immunity and the Michigan v. Bay Mills case: What the Future Likely Holds and How Native Nations
John Petoskey: Tribal Sovereign Immunity and the Michigan v. Bay Mills case: What the Future Likely Holds and How Native Nations Should Prepare
In this lecture for faculty and students of the University of Arizona's Indigenous Peoples Law and Policy Program, NNI Indigenous Leadership Fellow John Petoskey provides a comprehensive background of the Michigan v. Bay Mills case currently pending before the U.S. Supreme Court and discusses what...
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Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?

Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?
Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?
As regular visitors to this site and other Indian country media outlets no doubt have seen in recent weeks, Native nation leaders, tribal attorneys, and federal Indian law practitioners alike are gravely concerned about a case currently pending before the Supreme Court: State of Michigan v. Bay...
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How Tribes Can Prepare for Tribal Sovereignty Blow From Supreme Court

How Tribes Can Prepare for Tribal Sovereignty Blow From Supreme Court
How Tribes Can Prepare for Tribal Sovereignty Blow From Supreme Court
In the first part of this two-part series, we provided a short history of the upcoming U.S. Supreme Court case State of Michigan v. Bay Mills Indian Community , discussed its relevance to the sustainability of the legal doctrine of tribal sovereign immunity, and detailed two potential outcomes of...
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Joseph P. Kalt: Sovereign Immunity: Walking the Sovereignty Walk

Joseph P. Kalt: Sovereign Immunity: Walking the Sovereignty Walk
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...
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Tribal Immunity, Tribal Court Jurisdiction, and Separation of Powers

Tribal Immunity, Tribal Court Jurisdiction, and Separation of Powers
Tribal Immunity, Tribal Court Jurisdiction, and Separation of Powers
There are two active cases out there involving Florida tribes that raise interesting questions relating to tribal courts and tribal immunity in federal and state courts. The two cases, Miccosukee Tribe v. Kraus-Anderson Constr. (which is currently pending before the Supreme Court – an invitation...
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Diane Enos (leading native nations)

Diane Enos (leading native nations)
Diane Enos: Building a Sustainable Economy at Salt River
In this informative interview with NNI's Ian Record, Diane Enos, President of the Salt River Pima-Maricopa Indian Community, discusses some of the many significant steps that Salt River has taken over the past few decades to systematically build a self-sufficient, sustainable economy.
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Joseph P. Kalt: Sovereignty: Your Best Tool for Development

Joseph P. Kalt: Sovereignty: Your Best Tool for Development
Joseph P. Kalt: Sovereignty: Your Best Tool for Development
Harvard Project on American Indian Economic Development Co-Director Joseph Kalt share some innovative ways that Native nations have exercised their sovereignty in order to foster sustainable economic and community development.
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Joseph Flies-Away: Justice Systems

Joseph Flies-Away: Justice Systems
Joseph Flies-Away: The Role of Justice Systems in Nation Building
In this in-depth interview with NNI's Ian Record, Joseph Flies-Away, citizen and former chief judge of the Hualapai Tribe, discusses the central roe that justice systems can and should play in Native nation rebuilding efforts, how justice systems serve as platforms for healing and cultural renewal...
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Michael Taylor: When to Waive Sovereign Immunity (or Not)

Michael Taylor: When to Waive Sovereign Immunity (or Not)
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...
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