Matthew L.M. Fletcher
Forum
Contract and (Tribal) Jurisdiction
Consider two commercial contracts. The first requires customers to waive their rights to bring class actions against large businesses in favor of private arbitration. The second requires a reservation leaseholder to adjudicate disputes in tribal court. Both contracts require dispute resolution in fo…
Forum
(Re)Solving the Tribal No-Forum Conundrum: Michigan v. Bay Mills Indian Community
Michigan v. Bay Mills Indian Community, a dispute over a controversial off-reservation Indian casino, is the latest opportunity for the Supreme Court to address the doctrine of tribal sovereign immunity. The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak…