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Building Inspector and Zoning Officer of Aquinnah v. Wampanoag Aquinnah Shellfish Hatchery Corp.12/9/2004
en the importance of the rights at stake. Moreover, to read a waiver of sovereign immunity derivatively, as the court has done, reminds me somewhat of having one party's interpretation of the fine print of a contract brought to the other party's attention just after that party assented to the contract. Cf. State v. Narragansett Indian Tribe, 19 F.3d 685, 691 (1st Cir. 1994).
I am not convinced that the Tribe clearly, explicitly, and unequivocally waived its sovereign immunity. In addition, although it is not part of the issue before the court, I am aware of the historic relationship between Native Americans and the government, as well as their chronic disparity in bargaining power. Therefore, I prefer to err on the side of caution. Accordingly, I respectfully dissent.
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