1. Whether the Indian Commerce Clause preempts state regulation of loans made on an Indian reservation, by an arm of a tribe, when the borrower contracts via the internet.
2. Whether a violation of the unlawful debt prohibition of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962, requires scienter for civil liability.
While economic development in Indian Country is long-standing, American Indian tribes have significantly transformed their participation in the economy, enhancing value and development on reservation lands. Over the past few decades, tribal businesses have evolved into self-sustaining, sovereign entities that support their members and nations. Tribal businesses have also attracted significant investment from non-tribal entities, further developing tribal economies. These entities are involved in gaming, tourism, gas stations and convenience stores, investment firms, and financial businesses, to name a few. The expansion of tribal and non-tribal businesses on tribal land — that is, land owned by a tribe, either in fee simple or as held in trust by the U.S. government for the benefit of the Tribe — has strengthened self-determination and sustainability.
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