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Doing Business with Indians and the Three "S"es: Secretarial Approval, Sovereign Immunity, and Subject Matter Jurisdiction

Abstract

Transactions involving Indian entities or reservation-based activities require detailed pre-contract planning, and specific contract terms. Contracts relating to Indian lands are void without Interior Department approval. Tribal governments and business entities can claim, or waive, sovereign immunity in situations where other governments cannot. If contract disputes lead to litigation, uncertainties and arguments concerning court jurisdiction can multiply costs, fees and lost time. Informed pre-contract planning and adequate contract terms can substantially reduce, if not eliminate, these problems.

How to Cite

36 Ariz. L. Rev. 169 (1994)

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Authors

William V. Vetter (Wayne State University)

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