Courtney J.A. DaCosta has published “When ‘Turnabout’ is Not ‘Fair Play’: Tribal Immunity under the Indian Gaming Regulatory Act” in the Georgetown Law Journal. An excerpt:
This Note argues that federal courts have interpreted tribal immunity broadly under IGRA; that this approach, while doctrinally sound, produces several normatively undesirable consequences; and that Congress should stem these consequences by amending IGRA to restore the statute’s tribal-state power balance through abrogation of tribal immunity in certain cases.