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“With over one quarter of American Indians living in poverty, nearly twice the national average, it has never been more important to promote confidence in the American Indian economy — this confidence is threatened when courts do not give full force and effect to contracting parties’ desire to resolve their private disputes using tribal courts and tribal law.”
ISSUES PRESENTED FOR REVIEW
The Decision will have disastrous consequences for Indian Country businesses and their ability to engage in off-reservation electronic commerce, whether the business is tribally owned or owned by an individual tribal member, in contravention of well-established Congressional policy and Supreme Court jurisprudence supporting tribal economic development.
SUMMARY OF ARGUMENT
“Amici argue that the Panel’s decision, particularly the Panel’s new requirement that a non-Indian must enter the reservation in order for a tribal court to have jurisdiction or for tribal law to apply, will decimate opportunities for tribal electronic commerce.
Amici also argue that the Decision will contravene well established Congressional policy and Supreme Court jurisprudence supporting tribal economic development, as well as international law requirements prohibiting discrimination against indigenous peoples.
The ability of tribes and tribal members to engage in electronic commerce on equal footing with their off-reservation counterparts is critical to tribal economic development in the modern era.
Amici are gravely concerned that the Decision fundamentally mischaracterizes the scope of tribal court jurisdiction over non-member activity and therefore requests either (1) that this Panel withdraw its decision and affirm the judgment of the district court, or (2) that the Court review this matter en banc. American Indian economic development – whether driven by tribally owned…Read the remaining Argument at the Original Source:
First & Second
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