Native Americans
Jan. 15, 2015
'Rent-a-tribe' arrangements under fire
Tribal sovereign immunity has confounded and frustrated many a lawyer and jurist. It has gotten so bad that in one case, four justices of the U.S. Supreme Court appeared ready to toss the doctrine altogether. By Jeremy Robinson
Jeremy K. Robinson
Partner
Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP
110 Laurel St
San Diego , California 92101-1486
Phone: (619) 238-1811
Fax: (619) 544-9232
Email: jrobinson@cglaw.com
Jeremy is chair of the firm's Motion and Appellate Practice.
Tribal sovereign immunity has confounded and frustrated many a lawyer and jurist. It has gotten so bad that in Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024 (2014), four justices of the U.S. Supreme Court appeared ready to toss the doctrine altogether, or at least severely restrict it. Of course, that is easy for them to argue since their discussion does not carry the weight of law. But the dissent's vigor exposes the undercurrent of dissatisfaction with the state of triba...
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