Law Commons^™

A 'Strikingly Anomalous,' 'Anachronistic Fiction': Off-Reservation Sovereign Immunity For Indian Tribal Commercial Enterprises

San Diego Law Review

The issue of sovereign immunity is becoming an increasingly important one as tribes that were traditionally impoverished and isolated reach out and do business around the country. On the one hand, tribes have been focusing on a few, specific businesses "includ[ing] ski resorts, gambling, and sales of cigarettes to non-Indians." But more recently, as the 1998 Supreme Court case of Kiowa Tribe v. Manufacturing Technologies, Inc. notes, the "modern, wide-ranging tribal enterprises extend[] well beyond traditional tribal customs and activities." This creates some initial difficulties. Non-tribal corporations may be hesitant

to do business with tribal corporations, which themselves may be …

Formal And Doctrinal Differences Between Government And Private Contracts, Charles A. Lynch, Edward C. Reading

San Diego Law Review

Justice Holmes admonishes us that "men must turn square corners when they deal with the Government." This "Square Corner Doctrine" finds application in the extensive and expanding area of government contracting. This note surveys briefly some ways in which a contract between the United States Government and a private businessman or corporation may be at variance with a contract between private parties based upon common law principles.