San Diego Law Review
A 'Strikingly Anomalous,' 'Anachronistic Fiction': Off-Reservation Sovereign Immunity for Indian Tribal Commercial Enterprises
The issue of sovereign immunity is becoming an increasingly important one as tribes that were traditionally impoverished and isolated reach out and do business around the country. On the one hand, tribes have been focusing on a few, specific businesses "includ[ing] ski resorts, gambling, and sales of cigarettes to non-Indians." But more recently, as the 1998 Supreme Court case of Kiowa Tribe v. Manufacturing Technologies, Inc. notes, the "modern, wide-ranging tribal enterprises extend well beyond traditional tribal customs and activities." This creates some initial difficulties. Non-tribal corporations may be hesitant
to do business with tribal corporations, which themselves may be
hesitant to give up the powerful tool of sovereign immunity. Non- tribal corporations also face complex jurisdictional issues and may be
required to sue in tribal court.'
A 'Strikingly Anomalous,' 'Anachronistic Fiction': Off-Reservation Sovereign Immunity for Indian Tribal Commercial Enterprises,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol36/iss3/4