indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
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...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Just Joking: Humor from National Congress of American Indians (3/2)
Native Sun News: Northern Cheyenne family celebrates history (3/2)
Doug George-Kanentiio: Native snipers among world's deadliest (3/2)
Omaha Tribe welcomes denial of rehearing in boundary lawsuit (3/2)
Supreme Court won't hear Stockbridge-Munsee Band land claim (3/2)
Indian tobacco company rebuffed in another dispute with state (3/2)
Jodi Gillette: Administration making progress in Indian Country (3/2)
Kevin Abourezk: Leaders of Winnebago Tribe face recall attempt (3/2)
Aaron Schutt: Alaska Native role in FCC's auction benefits public (3/2)
Steven Newcomb: NMAI should help expose Indian law's bigotry (3/2)
Dina Gilio-Whitaker: Native sovereignty in a race-based society (3/2)
David Wilkins: Tap into the knowledge and power of our nations (3/2)
Opinion: Native women won't feel safe without action in Canada (3/2)
Indian families in South Dakota battle to keep children at home (3/2)
Marijuana presented as another opportunity for Indian Country (3/2)
Lac Vieux Desert Band relies on revenue from lending business (3/2)
Leader of Kiowa Tribe challenges BIA's intervention in election (3/2)
Cherokee Nation mourns loss of respected journalist John Shurr (3/2)
Pechanga Band to reclaim ancestors and artifacts from military (3/2)
Travel: Ancient culture continues on Hopi Reservation in Arizona (3/2)
Saginaw Chippewa Tribe banishes two women after drug arrest (3/2)
Joseph Webster: Tribes assert sovereignty over Class II gaming (3/2)
Tohono O'odham Nation spends $200M on first phase of casino (3/2)
New Mexico lawmakers advance new Class III gaming compact (3/2)
Fort Sill Apache Tribe in court for gaming compact in New Mexico (3/2)
MGM on track to complete $1.2B casino near US Capitol next year (3/2)
Wrapup from National Congress of American Indians DC meeting (2/27)
Native Sun News: Rapid City leader calls for tax on alcohol sales (2/27)
Mark Trahant: Beautiful trend emerges with power of Native vote (2/27)
Ivan Star: Lakota traditional history tells the true untold stories (2/27)
Audio: House Appropriations Committee hearing on BIA budget (2/27)
Senate Indian Affairs Committee to hold hearing on irrigation bill (2/27)
National Indian Gaming Commission choice gets another hearing (2/27)
Kevin Abourezk: Omaha language advocate passes on at age 58 (2/27)
Gyasi Ross: Yawna Allen shares her Native and African ancestry (2/27)
Frank Hopper: Alaska Native Brotherhood was about resistance (2/27)
Stanley Heller: Don't forget the Sand Creek Massacre in Colorado (2/27)
Cherokee Nation chief faces at least four challengers in election (2/27)
BIA and DOJ seek to mediate Cayuga Nation leadership dispute (2/27)
Non-Indians guilty for hunting incidents on Montana reservation (2/27)
Man from Te-Moak Tribe pleads guilty to voluntary manslaughter (2/27)
Administrator for Alaska tribe cuts her position out of the budget (2/27)
Opinion: Find common ground on Indian mascots in Connecticut (2/27)
Hannahville Indian Community starts $8M casino expansion work (2/27)
Wilton Rancheria still waiting for BIA movement on casino project (2/27)
Lytton Band paid $4.6M to use land as parking for Class II facility (2/27)
Opinion: Menominee Nation might turn to tokers instead of poker (2/27)
Opinion: Poarch Creeks come with slot machines and marijuana (2/27)
Updates from National Congress of American Indians meet in DC (2/26)
Native Sun News: Rosebud Sioux Tribe leader sidelined by council (2/26)
James Giago Davies: Native activism must embrace all relations (2/26)
Donna Ennis: Obama budget supports tribal self-determination (2/26)
Rich Winter: Let's keep Lakota Nation Invitational in Rapid City (2/26)
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.