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What is the doctrine of tribal immunity?

Tribal immunity is the doctrine of sovereign immunity applied on behalf of Native American tribes. Under the Indian Commerce Clause, Congress has plenary authority over the tribes. Courts have held that these tribes cannot be sued without the consent of Congress.

What are the exceptions to tribal sovereign immunity?

United States, where the Supreme Court held that a tribal court cannot assert jurisdiction in this circumstance unless one of two exceptions applies: (1) the non-Indian has entered into consensual relations with the tribe or its members, or (2) the subject matter threatens the political integrity, the economic

How does a Tribe waive sovereign immunity?

44.107 Waiver of Sovereign Immunity by Tribal Entity. (b) by express resolution of the governing body of the Tribal entity. (2) Waivers of sovereign immunity by resolution shall be granted only when necessary to secure a substantial advantage or benefit to the Tribal entity or the Tribe.

How does sovereign immunity work?

Under the doctrine of state sovereign immunity, a state cannot be sued in federal and state court without its consent. Many academics and judges struggle to make sense of modern U.S. Supreme Court jurisprudence on sovereign immunity.

What is the Indian sovereign immunity?

Sovereign immunity is the doctrine that precludes the assertion of a claim against a sovereign without the sovereigns consent. Indian tribes are sovereign entities.

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