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Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson Jan 2009

Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson

University of Colorado Law Review

Indian Country is America's domestic emerging market, and, as in other emerging markets, many successful businesses in Indian Country are starving for expansion capital. The U.S. Treasury estimates that the private-equity deficit in Indian Country is $44 billion. While the handful of wealthier tribes might be logical investors in private-equity funds deploying capital in Indian Country, the existing securities laws present a significant impediment. In particular, Regulation D of the Securities Act of 1933 does not treat tribes as "accredited investors," thus denying those tribes the ability to participate in the private-equity market. Since there is no principled reason to …


The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue Jan 2009

The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue

University of Colorado Law Review

The mineral wealth beneath Native American lands has been an enduring source of controversy with respect to treaty relations between Indian Tribes and the United States government and the contours of the United States' trust duties to the Tribes. Whereas in past years the process by which minerals like coal have been converted to capital amounted to blatant exploitation of America's indigenous populations, Indian governments have acquired more control over the extraction of their minerals throughout the twentieth century. That this control remains severely limited both by federal regulations and the United States government's complicity with powerful representatives of the …