3/21/18
TRIBAL SOVEREIGN IMMUNITY AND THE GAMING REGULATOR
Richard C. Chissoe Wacontse Consulting
Tribal Sovereign Immunity: General Principles
u Sovereign immunity is a fundamental aspect of an Indian Tribe’s inherent sovereignty q As noted by the Supreme Court, tribal sovereign immunity “is a necessary corollary to Indian sovereignty and self-governance.” u Tribal governments are immune from lawsuits in both federal and state courts UNLESS: q 1) Congress has authorized the suit; or q 2) The Tribe has waived its immunity • Any waiver of Tribal Sovereign Immunity “cannot be implied but must be unequivocally expressed” – Santa Clara vs. Martinez u Sovereign immunity also extends to commercial activities conducted by tribal entities that are instrumentalities, or “arms” of the Tribe
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