Know law in working with tribes

[runningwolf]

Know law in working with tribes
ON BUSINESS

Erin Oliver • MSU College of Law • December 21, 2009 • From Lansing
State Journal

Michigan is home to 12 of the more than 560 federally recognized
American Indian tribes in the U.S.
Advertisement

Many American Indian and non-Indian businesses in Michigan operate in
tribal areas. It is important for these business owners to grasp the
political, regulatory, legal, and financial outcomes of operating
under the authority of tribal communities.
Two things must be understood when contracting:

• Tribal government structure. The tribal nation's organization
affects how powers are distributed, who can act for the tribe and
what, if any, approvals might be necessary.

Before entering into a business transaction, understand the structure
of the government and cultural implications connected to it.

• Sovereign immunity. Tribes enjoy sovereign immunity from lawsuits
similar to that of the United States. However, immunity can be waived.

The rules governing tribal contracting branch from the sovereignty of
federally recognized American Indian tribes.

It is important to have a general understanding of American Indian law
before doing business in tribal regions.

Erin Oliver is a clinical resident at Michigan State University
College of Law Small Business and Nonprofit Clinic. For more
information, call the clinic at 336-8088, ext. 25.