12/4/20
¡ Lewis was only decided in late April 2017, but it was quickly worked its way into lower court decisions that same year. ¡ Approximately two dozen lower court challenges to the extent and scope of tribal sovereign immunity have cited or relied upon the Lewis opinion.
TRIBAL SOVEREIGN IMMUNITY:
¡ So, what can we conclude? ¡ While the official and individual
LEWISV. CLARKE
capacity tests are still the standards to determine when to bar tribal sovereign immunity, their application across different fields of law has drawn
different levels of scrutiny and consideration from the courts.
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FUNDAMENTAL PRINCIPLES FORTGRAS
Act within the scope of your authority •TGRA may only exercise such power as it has been delegated and NOMORE
Act
Avoid arbitrary and capricious acts •There should be a rational connection between the facts examined and the action taken by the TGRA
Avoid
Interpret the law fairly and reasonably •Be unbiased (free of personal animus) •Avoid prejudging the outcome
Interpret
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