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66 Drake L. Rev. 1 (2018)
Tribal Lending and Tribal Sovereignty

handle is hein.journals/drklr66 and id is 11 raw text is: 



            TRIBAL LENDING AND TRIBAL
                         SOVEREIGNTY


                            Adam Crepelle*

                                ABSTRACT
      The short-term lending industry involves millions of consumers and billions
of dollars. Several Indian tribes have entered the lending industry as a means of
economic development. These tribes have created their own lending enterprises
that are headquartered in Indian country but attract customers from around the
United States via the internet. This practice has been highly controversial.
      Tribal lending has generated issues in a myriad of court cases. The issues
are largely repetitive: Is the tribal lender entitled to sovereign immunity? And does
the tribal court have jurisdiction over the loan involving a non-Indian? Courts
have struggled to answer these questions. This Article answers both questions in
the affirmative.
      This Article begins by introducing tribal online lending. Part I provides an
overview of the short-term lending industry. Part III discusses how and why tribes
entered the online lending industry. Part IV examines the primary legal issues in
tribal lending-sovereign immunity and tribal court jurisdiction. Part V
recommends Congress pass legislation to resolve the tribal lending controversy.
Specifically, the Article suggests that Congress declare that tribal courts have
jurisdiction over loans involving non-Indian borrowers. The Article also suggests
that Congress codify a test to determine which tribal lenders qualify for sovereign
immunity.
                           TABLE OF CONTENTS
   I. Introduction .........................................................................................   2
   II. Short-Term  Lending ...........................................................................   5
      A. An Overview of Short-Term Lending ....................................... 5
      B. The Debate over Regulating Short-Term Lenders ................. 10
  III. Tribes and Lending ...........................................................................   12
  IV. Sovereign Immunity and Tribal Courts:


     * Master of Laws in Indigenous Peoples Law and Policy, University of Arizona
2018; Master of Public Policy, Pepperdine University School of Public Policy 2015; Juris
Doctor, Southern University Law Center, 2013; Bachelor of Science in Exercise Science,
University of Louisiana at Lafayette, 2009. I would like to thank Marshall Pierite for his
leadership in the tribal lending industry and inspiring me to write this Article. I would
also like to thank Joseph Austin for his comments on the Article.

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