Law Commons^™

A Tradition Of Sovereignty: Examining Tribal Sovereign Immunity In Bay Mills Indian Community V. Michigan, Meredith L. Jewitt

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Bay Mills Indian Community v. Michigan, in which the Court may decide whether the doctrine of Tribal Sovereign Immunity prohibits Michigan's attempt to enjoin Indian gaming in the state or whether Congress expressly allowed the suit when passing the Indian Gaming Regulatory Act.

How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs

Faculty Scholarship

Personal jurisdiction is a mess, and only Congress can fix it. The field is a morass, filled with buzzwords of nebulous origin and application. Courts have sought a single doctrine that simultaneously guarantees convenience for plaintiffs, fairness for defendants, and legitimate authority for the tribunal. Caught between these goals, we've let each new fact pattern pull precedent in a different direction, robbing litigants of certainty and blunting the force of our substantive law.

Solving the problem starts with reframing it. Rather than ask where a case may be heard, we should ask who may hear it. If the parties are …

Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley

Faculty Scholarship

No abstract provided.