indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Indian Law Online Master Degree
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Opinion: Strengthening sovereignty by addressing immunity

Filed Under: Opinion
More on: ian record, immunity, ryan seelau, sovereignty, supreme court
   


The shuttered Bay Mills Indian Community casino in Vanderbilt, Michigan. Photo © Bay Mills News

Ryan Seelau and Ian Record of the Native Nations Institute discuss what tribes can do to ensure the U.S. Supreme Court victory in Michigan v. Bay Mills Indian Community isn't short-lived:
So while Native nations can collectively breathe a sigh of relief with the Bay Mills opinion, a critical question remains: how can they keep this legal victory from being a short-lived one? Perhaps the most important outcome of this case is that it has given Native nations much-needed additional time to better protect tribal sovereign immunity and bolster tribal sovereignty -- by strengthening their governance systems.

This starts with Native nations assessing their own policies and procedures in order to prepare themselves for the inevitable day when tribal sovereign immunity is challenged once again. To this end, Native nations should consider developing comprehensive statutes that allow for remedies in all conceivable circumstances. The goal here would be to stave off or neutralize any forthcoming litigation by creating tribal causes of actions, procedures, and remedies in contexts that otherwise would end up in federal court. If sovereign immunity is not available for Native nations to fall back on to someday, this would not only include tort and contract cases, but also actions related to federal and/or state statutes that may prospectively apply to tribes.

In addition, Native nations should identify and pursue ways to confine risk by defining remedies. Native nations can then update insurance policies to reflect their new positions of risk. Beyond that, however, Native nations should determine which of their assets are only being protected through the use of tribal sovereign immunity, and then establish new and different ways to protect such assets. For example, Native nations should review all of their trust accounts and other economic and real property holdings to determine if they might be subject to litigation in a possible future without tribal sovereign immunity. In such a circumstance, investing in a top-notch trust attorney to help protect the tribal treasury and assets would be wise.

Get the Story:
Ryan Seelau & Ian Record: The Bay Mills Case: An Opportunity for Native Nations (Indian Country Today 6/24)

Supreme Court Decision:
Michigan v. Bay Mills Indian Community (May 27, 2014)

Oral Arguments on the Indianz.Com SoundCloud:

Relevant Documents:
Oral Argument Transcript | Supreme Court Docket Sheet No. 12-515 | Supreme Court Order List

Related Stories:
Aura Bogado: Supreme Court upholds immunity in gaming case (06/17)
Steven Newcomb: Supreme Court justices put tribes on notice (06/16)


Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Cheyenne River Sioux Tribe honors veterans (9/17)
Mark Trahant: Is independence in the future for tribal nations? (9/17)
House approves bill to address tribal general welfare programs (9/17)
9th Circuit takes up Big Lagoon Rancheria gaming land dispute (9/17)
House passes bill to shield Gun Lake Tribe casino from litigation (9/17)
Andre Cramblit: Enjoying life at Dartmouth as a Native student (9/17)
Dina Gilio-Whitaker: Tribes need to lead climate change reform (9/17)
Sarah Deer wins genius grant for work to protect Native women (9/17)
Editorial: Pass bill to extend federal recognition to Virginia tribes (9/17)
NLRB reaffirms jurisdiction over Little River Band gaming facility (9/17)
Chumash Tribe to use labor unions for all work on casino project (9/17)
Student arrested over theft at Saginaw Chippewa Tribe's casino (9/17)
Native Sun News: Homeless students find support in Rapid City (9/16)
Checks from final payment of Cobell settlement put in the mail (9/16)
DOI offers $9.4M for Cobell buy-backs on Umatilla Reservation (9/16)
House takes up bill to address tribal general welfare programs (9/16)
Tribal leaders headed to Capitol Hill to push legislative priorities (9/16)
NMAI hosts symposium on treaties to coincide with new exhibit (9/16)
Witnesses: Hearing on bill to bar Tohono O'odham Nation casino (9/16)
Rival tribes spend $13M to block Tohono O'odham Nation casino (9/16)
Mark Charles: Trail of Tears sign points to much deeper problem (9/16)
Donna Ennis: Don't let ethnic imposters take away our identity (9/16)
Serial killer sentenced to life term for murder of Native woman (9/16)
Civil rights complaint filed over repeated denial of honor song (9/16)
Sen. Cantwell to introduce bill to end NFL's tax-exempt status (9/16)
House backs package to transfer federal land to Te-Moak Tribe (9/16)
Fort Belknap Tribe detained state game warden for trespassing (9/16)
Mohegan Tribe to open first Smashburger location in December (9/16)
Police in Ontario investigate letter that threatens Native people (9/16)
Urban Indian population grows in Brazil's poorest neighborhoods (9/16)
Indian family in Washington continues bid for casino on allotment (9/16)
Saginaw Chippewa Tribe challenges NLRB jurisdiction over casino (9/16)
Mohegan Tribe loses bid for commercial casino in Massachusetts (9/16)
Connecticut tribes see another decline in slot machine revenues (9/16)
Tim Giago: Standing tall for Native American Day in South Dakota (9/15)
Native Sun News: Northern Cheyenne man beaten by BIA officer (9/15)
Mark Trahant: Ten reasons why every Native person should vote (9/15)
Jay Daniels: Still waiting on that final Cobell settlement payment (9/15)
Vote set on bill to protect Gun Lake Tribe's casino from litigation (9/15)
HUD settles complaint for couple on Turtle Mountain Reservation (9/15)
Bryan Brewer: Approve HR3043 to stop IRS harassment of tribes (9/15)
Maryann McGovran: Vote for North Fork Rancheria's gaming deal (9/15)
Donna Ennis: Tribal banishments are a form of cultural genocide (9/15)
Steven Newcomb: Political meanings restrict indigenous peoples (9/15)
Bruce Anderson: Washington team name preserves stereotypes (9/15)
Column: DC-area Native people oppose NFL team's racist mascot (9/15)
House set to vote on bill to transfer federal land to Te-Moak Tribe (9/15)
Paskenta Band holds election aimed at resolving council dispute (9/15)
Tribes in Oklahoma raise their minimum wage above federal level (9/15)
Blog: Taos Pueblo exerts sovereignty over health care programs (9/15)
Travel: Remote parks on Navajo Nation are an 'extraordinary find' (9/15)
Petitions submitted to put Tohono O'odham Nation casino to vote (9/15)
Dry Creek Rancheria struggling to see gaming revenues recover (9/15)
Poarch Creeks still open to Class III gaming compact discussion (9/15)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.