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Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Articles
An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:
(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.
(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …
Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Articles
An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:
(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.
(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign …