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Sovereign immunity at issue as tribes do business

As tribes do more and more business with outsiders, they are signing contracts that contain limited waivers of sovereign immunity.

The waivers allow banks, developers, vendors and other business the right to sue tribes under certain conditions. They are common practice these days but some attorneys say they are difficult to enforce in court.

The U.S. Supreme Court has recognized that tribes can assert sovereign immunity unless abrogated by Congress or waived explicitly. The court, however, has recognized instances in which the waiver can be implied, such as in a contract that calls for arbitration.

Get the Story:
Tribes open door to lawsuits (The Riverside Press-Enterprise 6/12)