Fwd: B. Historical Basis of Sovereign Immunity Doctrine In 1831, the United States Supreme Court first recognized that native Indian tribes possess sovereignt
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B. Historical Basis of Sovereign Immunity Doctrine In 1831, the United States Supreme Court first recognized that native Indian tribes possess sovereignt y that is different from foreign countries, and is subject to the dominion of the United States
B. Historical Basis of Sovereign Immunity Doctrine
In 1831, the United States Supreme Court first
recognized that native Indian tribes possess sovereignty
that is different from foreign countries, and is subject to
the dominion of the United States
The general rule still holds that although Indian
tribes are not immune from lawsuits filed against them by
the United States, the Indian tribes' sovereign status
affords them immunity from state jurisdiction. (See
Cohen, Handbook of Federal Indian Law (2005 ed.) §
7.05[1][a], p. 636 (Cohen).) "Although the immunity
extends to entities that are arms of the tribes, it apparently
does not cover tribally chartered corporations that are
completely independent of the tribe. Nor does the
immunity extend to members of the tribe just because of
their status as members. ... When tribal officials act
outside the bounds of their lawful authority, however,
most courts would extend the doctrine of Ex Parte Young
[(1908) 209 U.S. 123 [52 L. Ed. 714, 28 S. Ct. 441]] to
allow suits against the officials, at least for declaratory or
injunctive relief." (Cohen, supra, § 7.05[1][a], pp.
636-637, fns. omitted.
The general rule still holds that although Indian
tribes are not immune from lawsuits filed against them by
the United States, the Indian tribes' sovereign status
affords them immunity from state jurisdiction. (See
Cohen, Handbook of Federal Indian Law (2005 ed.) §
7.05[1][a], p. 636 (Cohen).) "Although the immunity
extends to entities that are arms of the tribes, it apparently
does not cover tribally chartered corporations that are
completely independent of the tribe. Nor does the
immunity extend to members of the tribe just because of
their status as members. ... When tribal officials act
outside the bounds of their lawful authority, however,
most courts would extend the doctrine of Ex Parte Young
[(1908) 209 U.S. 123 [52 L. Ed. 714, 28 S. Ct. 441]] to
allow suits against the officials, at least for declaratory or
injunctive relief." (Cohen, supra, § 7.05[1][a], pp.
636-637, fns. omitted.
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