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Indigenous, Indian, and Aboriginal Law

Sovereign immunity

Articles 31 - 37 of 37

Full-Text Articles in Law

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden Jan 1984

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

American Indian Law Review

No abstract provided.


Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden Jan 1984

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 …


Recent Developments Jan 1980

Recent Developments

American Indian Law Review

No abstract provided.


Sovereignty: Indian Sovereighty And Tribal Immunity From Suit, Douglas R. Wright Jan 1980

Sovereignty: Indian Sovereighty And Tribal Immunity From Suit, Douglas R. Wright

American Indian Law Review

No abstract provided.


Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr. Oct 1977

Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Answer Of Intervening Defendant, The Navajo Nation, Navajo Nation Jun 1977

Answer Of Intervening Defendant, The Navajo Nation, Navajo Nation

Native American Water Rights Settlement Project

Tribal Claims: Answer of Intervening Defendant, the Navajo Tribe. Parties: Navajo Nation Contents: Answer to Plaintiff’s Complaint, I – Answer to Plaintiff’s Complaint, p.1; II – Affirmative Defenses, p.3; III – Affirmative Claims, p.4; Request for an Order declaring that first, the US holds in trust for the Navajo Nation sufficient water rights to meet the present and future needs of the Navajo people for irrigation, domestic, industrial, aesthetic, recreational, and streamflow maintenance purposes. The Order should find that these rights are sourced in the surface water and the groundwater of the San Juan River system in New Mexico. The …


Water Rights: The Mccarren Amendment And Indian Tribes' Reserved Water Rights, Elizabeth Mccallister Jan 1976

Water Rights: The Mccarren Amendment And Indian Tribes' Reserved Water Rights, Elizabeth Mccallister

American Indian Law Review

No abstract provided.