TRIBAL SOVEREIGN IMMUNITY: ABSOLUTE AUTHORITY OR ACCOUNTABILITY

Stark, Kekek Jason

Journal: Public Land & Resources Law Review

Volume: 48

Year: 2025

Bluebook Citation: 48 PUB. LAND & RESOURCES L. REV. (2025)

Author: Kekek Jason Stark: all 11 publications


Abstract

In the wake of the recent United States Supreme Court decision of Trump v. United States, the Court determined that the President as Chief Executive is immune from conduct associated with official acts.3 The question that emanates from this opinion is how will this decision affect Indian Country and tribal court determinations of tribal sovereign immunity? This article will attempt to address this question. I begin with the Anishinaabe story of Bebaamosed miinawaa Gawigoshko’iweshiinh (The Trickster and the Little Scary Bird)5 in an attempt to understand the complicated nature of tribal sovereign immunity.

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