12/4/20
TRIBAL SOVEREIGN IMMUNITY ANDTHE GAMING REGULATOR ELIZABETH L. HOMER
1
¡ Sovereign immunity is a fundamental aspect of an Indian tribe’s inherent sovereignty. ¡ As noted by the Supreme Court, tribal sovereign immunity “is a necessary corollary to Indian sovereignty and self- governance.” ¡ Tribal governments are immune from lawsuits in both federal and state courts UNLESS: ¡ 1) Congress has authorized the suit; or ¡ 2) The tribe has waived its immunity ¡ Sovereign immunity also extends to commercial activities conducted by tribal entities that are “arms” of the tribe.
TRIBAL SOVEREIGN IMMUNITY: GENERAL PRINCIPLES
2
1
Made with FlippingBook - Online catalogs