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Full-Text Articles in Law
It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter
It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter
Faculty Publications
The U.S. Constitution grants the federal government plenary power over American Indian affairs, yet states are increasingly attempting to assert regulatory and tax jurisdiction over tribal businesses. This overreach threatens tribal sovereignty and contravenes the terms of treaties entered between the United States and American Indian tribes. This Article begins by examining the legal foundations of federal, state, and tribal relations. It then examines recent cases across four business sectors - gaming, tobacco sales, petroleum sales, and online lending - in order to illustrate the pervasive jurisdictional challenges faced by courts in cases involving tribal businesses. This Article offers three …
Leveraging Tribal Sovereignty For Economic Opportunity: A Strategic Negotiations Perspective, Gavin Clarkson, Jim Sebenius
Leveraging Tribal Sovereignty For Economic Opportunity: A Strategic Negotiations Perspective, Gavin Clarkson, Jim Sebenius
Missouri Law Review
Part II of this Article discusses the sovereign nature of tribal governments and reviews the history of tribal sovereignty, concluding with an examination of tribal-state compacting outside of the gaming context. Part III examines the origins of Indian gaming, focusing on the development of the legal framework which governs tribal gaming activities and necessitates the negotiation of tribal-state gaming compacts. Given the need for tribal-state negotiations, Part IV presents a framework for structuring and analyzing negotiations. Part V applies that framework in the retelling of the first part of the Foxwoods story, the negotiations regarding the original gaming compact. The …