In This Issue:
- NEGOTIATING DISPUTE RESOLUTION WITH INDIAN TRIBES: DON’T DO IT ALONE:
Indian tribes enjoy sovereign immunity from civil suits arising from contractual relationships, even if the contracts are made, paid, or performed entirely off the reservation. Tribally owned corporations generally enjoy sovereign immunity from suit as well.
Savvy attorneys know that a well-executed waiver of sovereign immunity is a green light to conduct profitable business with an Indian tribe. Tribes regularly execute these waivers, but most transactional attorneys may only see one or two of these in their careers. While those attorneys can be forgiven for not having deep Indian law experience, they should not be forgiven for failing to bring in an expert. Here are some aspects of doing business with tribes that an experienced Indian law attorney will know how to handle...
- THE RESUSCITATION OF THE DUWAMISH RECOGNITION EFFORT:
A federal judge has just given new life to the efforts of the descendants of Chief Seattle to gain federal recognition for his tribe, the Duwamish Tribe of Washington. Specifically, Judge John Coughenour has vacated a negative determination of tribal status by the Department of the Interior and remanded the file to the Department with direction to reconsider the tribal Acknowledgement Petition under all applicable regulations, rather than only half of them....
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