Carla Fredericks, Kate Finn, Erica Gajda, and Jesse Heibel have published “Responsible Resource Development: A Strategic Plan to Consider Social and Cultural Impacts of Tribal Extractive Industry Development” in Harvard Journal of Law & Gender Online. Here.
economic development
New Scholarship on Tribal Bankruptcy
Laura Coordes has posted “Beyond the Bankruptcy Code: A New Statutory Bankruptcy Regime for Tribal Debtors,” forthcoming in the Bankruptcy Developments Journal, on SSRN.
Here is the abstract:
Native American tribes and tribal businesses play an important role in U.S. commerce, but many of these entities are effectively prohibited from filing for bankruptcy relief when financial distress occurs. This Article demonstrates how and why the Bankruptcy Code is a poor fit for these “tribal debtors” and suggests that Congress enact a new statutory regime to provide structured debt relief for these entities rather than modify the Bankruptcy Code.
Although this proposal is novel with respect to tribal debtors, Congress has looked beyond the Bankruptcy Code to provide debt relief when use of the Code would be inapt on two other recent occasions: the passage of the Dodd-Frank Act and PROMESA. Using tribal debtors as an example, this Article investigates whether and how this practice might continue and what it might mean for the bankruptcy system writ large.
Federal Court Dismisses First Nations Business Constitutional Claims re: Connecticut Tobacco Directory
Here are the materials in Grand River Enterprises Six Nations LTD v. Sullivan (D. Conn.):
New Scholarship by Jeanette Wolfley on Indian Tribes and the Energy Industry
Jeanette Wolfley has published “Embracing Engagement: The Challenges and Opportunities for the Energy Industry and Tribal Nations on Projects Affecting Tribal Rights and Off-Reservation Lands” in the Vermont Journal of Environmental Law.
En Banc Petition Materials in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals
Background Materials in Washington State Department of Licensing v. Cougar Den, Inc.
Supreme Court
–Merits Stage
Sacred Ground Legal Services Amicus Brief
–Cert Stage
supplemental brief for respondent in response to brief of us solicitor general
Washington Supreme Court
Here is the opinion in Cougar Den Inc. v. Washington State Dept. of Licensing.
Briefs:
92289-6 Appellant’s Opening Brief
Federal Magistrate Quashes Third Party Subpoena Issued against Tunica Biloxi Tribal Enterprise
Here are the materials in Commonwealth of Pennsylvania v. ThinkFinance (E.D. La.):
Second Circuit Briefs in State of New York v. King Mountain Tobacco Inc.
Here:
Prior posts here.
Federal Court Allows CFPB Suit to Proceed against Think Finance
Here are the materials in Consumer Financial Protection Bureau v. Think Finance (D. Mont.):
Bob Miller on Reviving Private Sector Economic Institutions in Indian Country
Robert J. Miller has posted “Sovereign Resilience: Reviving Private Sector Economic Institutions in Indian Country.” Here is the abstract:
Indian country in the United States is incredibly poor. Indian nations desperately need to develop reservation economic activities. Most tribal governments, however, are primarily focused on developing tribally owned businesses. This article argues for Indian peoples and governments to revive and regenerate their centuries’ old tribal institutions that promoted, supported, and protected private sector economic development and economies. Indian country and Indian peoples need to develop economic enterprises and activities in their homelands to ensure their sustainability by creating living wage jobs and adequate housing. Developing private sector economies, in addition to tribal public sector economies, will help create economic diversification on reservations, new businesses and jobs, protect from economic downturns, slow the “brain drain” that all rural areas suffer, and promote more spending which will help Indian country benefit from the “multiplier effect” as more and more money is spent, and re-spent, on reservations.
Turtle Talk 
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