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Articles 1 - 8 of 8
Full-Text Articles in Litigation
To Sue And Be Sued: Capacity And Immunity Of American Indian Nations, Richard B. Collins
To Sue And Be Sued: Capacity And Immunity Of American Indian Nations, Richard B. Collins
Publications
Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have governmental immunity from suit. Tribal capacity to sue is now well established, and federal law has well-defined procedures and rules for tribal recognition. But tribal sovereign immunity is actively disputed.
This Article reviews retained tribal sovereignty in general and summarizes past contests over tribal capacity to sue and their resolution into today’s settled rule. Next is …
They Had Nothing, Charles Wilkinson
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
Publications
This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …
The Virtues And Vices Of Sovereignty, Sarah Krakoff
The Virtues And Vices Of Sovereignty, Sarah Krakoff
Publications
American Indian tribal sovereignty is viewed very differently in the United States Supreme Court than it is in American Indian tribal nations. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court is therefore veering away from any strong notion of retained inherent tribal sovereignty. American Indian tribes, the sources and perpetuators of de facto tribal sovereignty, are more committed than ever to enacting their sovereignty on the ground, as well as promoting and protecting its legal status in the courts and in Congress. There is an …
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
Publications
No abstract provided.
Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins
Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins
Publications
No abstract provided.
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
Publications
No abstract provided.
Book Review, David Getches