Riley Plumer | February 17, 2017 | American Indian Law
INTRODUCTION On July 1, 2015, the United States Court of Appeals for the Sixth Circuit decided Soaring Eagle Casino and Resort v. NLRB. The three-judge panel unanimously concluded that the National Labor Relations Act (NLRA), a generally applicable federal statute,...
Jennifer Morinigo | February 16, 2017 | U.S. Foreign Relations Law
Final sections of Jurisdiction, Sovereign Immunity, and Treaties will be on the agenda at the 2017 Annual Meeting. Membership approval of the three drafts at the Annual Meeting would complete these portions of the U.S. Foreign Relations Law project. In January, ALI’s...
Kaighn Smith, Jr., Matthew L.M. Fletcher and Wenona T. Singel | December 22, 2016 | American Indian Law
Many people are not aware that federal constitutional constraints on governmental action set forth in the Bill of Rights and the Fourteenth Amendment do not apply to, or constrain, tribal government.1 The primary source for individual rights to constrain tribal...
Sarah Deer | November 18, 2016 | American Indian Law
Imagine living in a world where your government is not allowed to protect you. A world in which your family and yourself could be brutally victimized while your government has no power to interfere. Now imagine living in a community where sexual violence is so common...
Jennifer Morinigo | September 30, 2016 | American Indian Law
In Lewis v. Clarke, the justices will consider the scope of tribes’ sovereign immunity. The dispute began in 2011 when plaintiffs Brian and Michelle Lewis were hit by a limousine driven by William Clarke, a limousine driver who worked for the Mohegan Tribal Gaming...