Conflict of Laws Indigenous Peoples

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Eleventh Circuit Refuses To Compel Arbitration In Dispute Between Loan Servicer and Borrower

On October 2, the Eleventh Circuit affirmed a district court’s decision refusing to compel arbitration sought by a servicer in a dispute with a borrower over the terms of a loan agreement. Inetianbor v. Cashcall, Inc. No....more

Second Circuit Issues Decision in Payday-Loan Regulatory Case

In a clash of competing sovereigns’ interests, the Second Circuit recently upheld, for now, the authority of the New York Department of Financial Services (DFS) to regulate online payday loans made by Indian tribal lenders to...more

Seventh Circuit Finds Tribal Arbitration Is Unreasonable and Unconscionable

In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the...more

Native American Business Law Alert: Significant Tax and Applicable Law Ambiguity in Proposed Revisions for Indian Lands...

The Bureau of Indian Affairs (BIA) is proposing to revise the process for obtaining and administering rights-of-way (ROWs) on Indian lands. While the proposed regulations seek to make improvements and clarifications...more

CFPB bootstraps purported state law violations into attack on online payday lending companies

The CFPB has broken new ground in an attack in Massachusetts federal court against CashCall, several related companies and their principal. The companies funded, purchased, serviced and collected online payday loans made by a...more

Taxation on Indian Reservations: To Balance or Not to Balance, That Is the Question

Introduction - The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more

The Assassination of Mummar Gaddafi illegal under International Law

The Assassination of Mummar Gaddafi illegal under International Law On the 18th of October, United States Secretary of State Hillary Clinton was in Tripoli, Libya. She stated in unusually blunt terms that she would like...more

Pine Ridge, Whiteclay and Indian Liquor Law

This brief article summarizes the history of the Pine Ridge Lakota Sioux Reservation in South Dakota and its legal and social struggles with alcohol. Federal law and Tribal law ban possession and sale of alcohol on Pine...more

People of Ecuador v. Chevron

Petition to Stay Arbitration

People of Ecuador Petition to Enjoin Arbitration filed by Chevron at the Hague....more

Republic of Ecuador v. Chevron

Petition to Stay Arbitration

Republican of Ecuador's Petition to Enjoin Chevron's Petition for Arbitration at The Hague....more

Court Precedent Determining the Limits of Tribal Sovereignty in Agua Claiente Band of Cahuilla Indians v. Fair Political Practices...

The Los Angeles Times reported (July 17, 2008) that on June 29th, the Agua Caliente Band dropped its appeal to the U.S. Supreme Court against California State and the Fair Political Practices Commission (FPPC) after the FPPC...more

Deal or No Deal? Understanding Indian County Transactions/Business Law Today

Successful transactions in Indian Country (defined as reservation, dependent Indian community, and allotment lands), require either a profound understanding of the particular complexities of Indian law at play within and...more

Crisis, Coroneles & Constitucionalismo: A Study of the Quality of Democracy in Ecuador

Presents an analysis of the quality of Ecuadorian democracy. Examines the political and cultural background of Ecuador’s constitutional history, including the role of military intervention and the increasing influence of...more

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