Towards Tribal Sovereignty and Judicial Efficiency: Ordering the Defenses of Tribal Sovereign Immunity and Exhaustion of Tribal Remedies
Kirsten Matoy Carlson
Wayne State University Law School
August 3, 2002
Michigan Law Review, Vol. 101, p. 569, 2002
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.
Number of Pages in PDF File: 33
Date posted: August 4, 2011