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Date Posted: Mon, 12/23/02 7:57am
Author: Steve Russell
Subject: Re: ndn supreme court
In reply to: tso 's message, "Re: ndn supreme court" on Sun, 12/22/02 11:20pm

If there is no Bill of Rights, I can only think of one argument for an Indian Nations Supreme Court: it creates a good business climate by making the disputre resolution process more fair and predictable.

Two problems:

1. It would not do that right away. It could have no credibility until it built up a body of written opinions cutting for and against tribes but, most important, being consistent and predictable.

2. Those tribes that do serious economic development are already used to signing away their sovereignty and agreeing to litigate in state or federal court. In other words, for those who would have to agree to cough up the most cash, the sovereignty cow is out of the barn and they can't see the value in bringing her back in.

Steve

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