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Tribal Soveringty

Wenona T. Singel and Matthew L.M. Fletcher | March 6, 2018 | American Indian Law

Reporters Matthew Fletcher and Wenona Singel discuss Tribal Sovereignty in the video below. Project Feature: American Indian Law – Tribal Sovereignty from The American Law Institute on Vimeo. SHARE Tags: Tribal Sovereignty ALI Staff The American Law...

Congressional Power and Sovereignty in Indian Affairs

Michalyn Steele | February 28, 2018 | American Indian Law

The doctrine of inherent tribal sovereignty — that tribes retain aboriginal sovereign governing power over people and territory — is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack....

The Supreme Court’s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?

Alexander T. Skibine | December 12, 2017 | American Indian Law

Since 1831, Indian nations have been viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty, the exact extent of...

To Sue and Be Sued: Capacity and Immunity of American Indian Nations

Richard B. Collins | November 28, 2017 | American Indian Law

Abstract Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have...

October Council Meeting Updates

Jennifer Morinigo | October 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons

At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes: Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity...
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