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Appearing in Tribal Court

By Brian Nichols, as published in Litigation: The Journal of the Section of Litigation, published by the American Bar Association, Winter 2017.

The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend

Introduction: It is well established that Title VII of the Civil Rights Act does not apply to Tribal Nations. The Act specifically states that the term employer does not include “an Indian tribe . . . .”[1. Title VII of the Civil Rights…

Tribal Employment Preference Laws

I. Introduction The topic of this paper is tribal employment laws. It is a broad topic. There are over 500 federally recognized tribal nations. According to research, several, possibly most, have employment laws. In addition, several coalitions or agencies provide advice to…

Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms

Download PDF The State supreme courts in Oklahoma and New Mexico both have recently determined that their state courts lack jurisdiction over tort claims arising from conduct at tribal casinos. These cases are a reminder of the importance of clear dispute resolution…

Tribal Employment Laws: Legal and Cultural Considerations

Tribal Employment Preferences and Employee Protection Laws

Indian Country: Courts Split on Test and Outcome

Navajo Nation Labor Commission Rules it Lacks Jurisdiction

Statutes of Limitation in 1983 Claims

New Mexico Court of Appeals Clarifies the Circumstances Under Which an Insurer is Subrogated