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What are the implications of the Plains Commerce Bank v.
Long Family Land & Cattle Co.
court case on Native American tribal jurisdiction and sovereign immunity?
In Plains Commerce Bank v.
Long Family Land & Cattle Co., the Supreme Court held that a tribal court lacked jurisdiction to hear a discrimination claim against a non-Indian bank selling fee land to non-Indians on a tribal reservation.
The case involved Plains Commerce Bank, a non-Indian bank, which owned land in fee simple on the Cheyenne River Sioux Tribe's reservation and sold it to non-Indians.
The Long family, Indian couple and members of the Cheyenne River Sioux Tribe, claimed that the bank discriminated against them by selling the land, as they had been leasing it with an option to purchase.
The Long family brought a discrimination claim in tribal court, but the Supreme Court found that the tribal court did not have jurisdiction because the bank was not an Indian entity or doing business within the reservation's boundaries.
The Court clarified that the bank's activities, such as providing operating loans to tribal members, did not establish sufficient connections to the tribe or its territory.
The Plains Commerce Bank v.
Long Family Land & Cattle Co.
decision has significant implications for non-Indian entities owning or operating within tribal lands, as it may limit their exposure to tribal court jurisdiction.
However, the ruling does not absolve non-Indian entities from complying with federal and tribal laws governing tribal lands and members.
The decision also highlights the complexities of jurisdictional issues on tribal lands, where federal, state, and tribal laws and jurisdictions may intersect and sometimes conflict.
In the aftermath of Plains Commerce Bank v.
Long Family Land & Cattle Co., some tribal governments have taken steps to clarify their jurisdiction and address such jurisdictional gray areas.
This may include revising tribal codes, adopting new laws, or entering into agreements with state or federal governments to ensure proper legal frameworks for conducting business within tribal territories.
Tribal jurisdiction and sovereign immunity remain contentious issues in the United States, particularly in areas involving business, criminal, and civil matters.
Understanding the implications of Plains Commerce Bank v.
Long Family Land & Cattle Co.
requires familiarity with the complex legal landscape of tribal jurisdiction, federal Indian law, and the principles of sovereign immunity.
The case is an example of the ongoing dialogue between tribal, state, and federal authorities regarding jurisdiction and the reach of tribal courts in cases involving non-Indian entities and tribal members.
Plains Commerce Bank v.
Long Family Land & Cattle Co.
While the case clarified certain aspects of tribal jurisdiction, it also left several questions unanswered, emphasizing the need for continued discussion and refinement of legal frameworks governing tribal lands and their relationships with federal and state governments.
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