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economic development
Bob Hershey on Globalization’s Impacts on Indigenous Peoples
Robert Hershey has posted his paper, “Globalization and its Special and Significant Impacts on Indigenous Communities,” on SSRN.
Here is the abstract:
Globalization is really a painting of the earth whose rendering can never be truly fixed. Yet, it is emblematic of the social dimensions of human interactions. Globalization has particular urgency for the world’s Indigenous Peoples. Many Indigenous systems of collective economic production and distribution do not conform to capitalism’s cultural emphasis on individual accumulation. This manuscript explores the challenges to Indigenous societies from economic hegemonic regimes, bioprospecting, nature conservation, and extended continuing and derivative impacts. Crucially, Indigenous Peoples do not passively accede to domination by global market forces. Resistance, negotiation, and consultation are common features of Indigenous communities’ interactions with transnational corporations and international economic policy bodies, but the definition and content of these terms play out very differently for distinct societies. The article suggests appropriate protocols for engaging Indigenous societies and recognizes alternatives to domination. It concludes with an examination of how Indigenous Peoples may be embracing internet technologies to further their claims to self-determination.
California Court of Appeals Decides Tribal Corporate Immunity Case
Here is the opinion in American Property Management Corp. v. Superior Court (with concurrence):
An excerpt:
In 2003, Sycuan Tribal Development Corporation (STDC), a corporation chartered under Sycuan’s tribal laws, invested in the purchase of the U.S. Grant Hotel in downtown San Diego (the hotel) but created several layers of California limited liability companies to stand between it and the entity that took ownership of the hotel.
Specifically, U.S. Grant, LLC — a California limited liability company — purchased the hotel in 2003. U.S. Grant, LLC is wholly owned by its sole member Sycuan Investors – U.S. Grant, LLC (Sycuan Investors, LLC), a California limited liability company. Sycuan Investors, LLC, in turn, is wholly owned by its sole member American Property Investors – U.S. Grant, LLC (American Property Investors, LLC), a California limited liability company. American Property Investors, LLC is wholly owned by its sole member STDC. All three limited liability companies were organized in late 2003 in connection with the transaction to purchase the hotel.
News Article on “The Sustainable Chumash”
Here. Amazing article.
Thanks again to Patrick O’Donnell.
Arizona SCT Briefs in Ariz. Dept. of Revenue v. South Point Energy
Well, petition for review stage anyway:
South Point Petition for Review
The lower court materials are here.
New Student Scholarship on Tribal Waivers of Immunity by Unauthorized Tribal Officials
Adam Keith, a Penn Law student, has published “Who Should Pay for the Errors of the Tribal Agent?: Why Courts Should Enforce Contractual Waivers of Tribal Immunity When an Agent Exceeds Her Authority under Tribal Law.” The article appears in the Penn Journal of Business Law. The article criticizes a recent Sixth Circuit decision on the immunity of Section 17 corporations.
Here is a snippet:
When tribal commercial organizations engage in commercial dealings, their non-tribal counterparties almost universally insist that a waiver of tribal immunity be included within any contractual agreement so as to retain their access to state and federal courts should they decide to litigate any commercial disputes against the tribal entity. In a recent case, the Sixth Circuit weakened the reliability of these waivers by ruling that the court will not enforce such a waiver when a tribal agent assents to one while possessing only apparent authority in the eyes of the tribal counterparty but not actual authority under tribal law. This comment will argue that there are three reasons that courts should enforce such waivers: because doing so is consistent with the principles associated with waivers of tribal immunity; because it will not have deleterious effects on tribal sovereignty; and because it will improve the efficiency of tribal commercial dealings with non-tribal entities.
Navajo Loses $4M Claim in Eviction of Bankrupt Company from Oil Fields
Here are the materials in Krystal Energy Co. v. Navajo Nation (D. Ariz.):
Opening Ninth Circuit Brief Grand Canyon Skywalk Case
Diné CARE File Another Suit to Stop Coal Mine at Navajo Mine
Here is the complaint in Diné Citizens against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement (D. Colo.):
Our posting on the related and previous suit is here.
Second Contract Breach Claim against Lower Brule
Here is the complaint in Seaport Loan Products LLC v. Lower Brule Community Development Corp. (N.Y. Super.):
The prior complaint is here.
Turtle Talk 
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