Native American Rights | Indian Sovereign Immunity Must Not Be Restricted

Editor’s note: The following viewpoint is taken from the author’s written testimony before the U.S. Senate Committee on Indian Affairs on September 26, 1996.

My testimony, in sum, is that it is essential that Congress not legislate a sweeping waiver of tribal sovereign immunity specially to protect non-Indians and non-members owning or using land within Indian reservations. Both law and public policy suggest this conclusion. First, several dangers exist in legislating a broad waiver of tribal sovereign immunity. A broad waiver of this nature may result in serious,...

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