Towards Tribal Sovereignty and Judicial Efficiency: Ordering the Defenses of Tribal Sovereign Immunity and Exhaustion of Tribal Remedies

33 Pages Posted: 4 Aug 2011

Date Written: August 3, 2002

Abstract

This note seeks to resolve confusion among the circuit courts about whether to hear defenses of tribal sovereign immunity or the exhaustion of tribal remedies first. It argues that courts should hear defenses of tribal sovereignty immunity first because they are jurisdictional in nature. It contends that hearing sovereign immunity defenses first respects tribal courts and protects tribal sovereignty.

Suggested Citation

Carlson, Kirsten Matoy, Towards Tribal Sovereignty and Judicial Efficiency: Ordering the Defenses of Tribal Sovereign Immunity and Exhaustion of Tribal Remedies (August 3, 2002). Michigan Law Review, Vol. 101, p. 569, 2002, Available at SSRN: https://ssrn.com/abstract=1904520

Kirsten Matoy Carlson (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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