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The slow erosion of tribal sovereignty in American courts
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The Girl That the Indian Child Welfare Act Could Have Saved
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Conn. Justices Say Lending Co. Is Immune As Arm Of Tribe
Law360 (May 24, 2021, 11:23 PM EDT) Great Plains Lending, which is accused by the Connecticut Department of Banking of issuing consumer loans without proper licensing, is protected by sovereign immunity as an arm of the Otoe-Missouria Tribe of Indians, the Connecticut Supreme Court determined, reversing a lower court finding.
The justices said Thursday the lower court was incorrect to rule that further proceedings are required to determine whether Great Plains is an arm of the tribe, instead applying a test adopted by the Fourth, Ninth, and Tenth circuits that analyzes whether business entities constitute arms of the tribe for purposes of tribal sovereign immunity.
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