Arm-of-the-Tribe Sovereign Immunity

Whether representing tribes or those who interact with tribes, it is important to understand the contours of tribal sovereign immunity.  This course will begin with an overview of tribal sovereign immunity. It will then focus on the multi-factor arm-of-the-tribe test courts increasingly apply to determine whether subordinate tribal entities are protected by tribal sovereign immunity. The instructor will analyze how the courts apply each factor of the test and explain some of the problematic aspects of the test. This program will benefit tribal attorneys, practitioners of federal Indian law, and other attorneys and legal professionals who wish to learn more about tribal sovereign immunity.

Learning Objectives:

1. Recognize the historical and practical reasons for tribal sovereign immunity

2. Identify the contours of tribal sovereign immunity

3. Review how tribal sovereign immunity may be waived or abrogated

4. Discuss the trending arm-of-the-tribe test regarding the sovereign immunity of subordinate tribal entities

5. Examine in detail how courts apply this test and recognize some of the problematic aspects of this test