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Intent Matters: Assessing Sovereign Immunity For Tribal Entities, Gregory J. Wong
Intent Matters: Assessing Sovereign Immunity For Tribal Entities, Gregory J. Wong
Washington Law Review
Indian tribes create corporations and agencies, such as casinos and economic development organizations, to further tribal goals. When such an entity is sued, the courts must determine whether the entity shares in the tribe's inherent sovereign immunity. Like tribes, the federal and state governments also create corporations and agencies to further their governmental goals. To determine whether such a federal entity shares in the federal government's sovereign immunity, the courts ask if Congress intended to grant the entity immunity from suit. For state entities, courts ask if the state government intended to extend its sovereign immunity to the entity by …
Intent Matters: Assessing Sovereign Immunity For Tribal Entities, Gregory J. Wong
Intent Matters: Assessing Sovereign Immunity For Tribal Entities, Gregory J. Wong
Washington Law Review
Indian tribes create corporations and agencies, such as casinos and economic development organizations, to further tribal goals. When such an entity is sued, the courts must determine whether the entity shares in the tribe's inherent sovereign immunity. Like tribes, the federal and state governments also create corporations and agencies to further their governmental goals. To determine whether such a federal entity shares in the federal government's sovereign immunity, the courts ask if Congress intended to grant the entity immunity from suit. For state entities, courts ask if the state government intended to extend its sovereign immunity to the entity by …