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Petition of the day

The petition of the day is:


Issue: (1) Whether Montana v. United States applies on tribal land, as this Court suggested in Nevada v. Hicks, or whether this Court acquiesces in the Ninth Circuit’s contrary decision in Water Wheel Camp Recreation Area v. LaRance; (2) whether a non-tribal member consents to tribal jurisdiction under Montana even when that “consent” comes in the form of a contract with a tribal corporation which expressly provides that disputes will be resolved through binding arbitration, not in tribal court, and where the tribal enterprise has expressly waived its sovereign immunity to permit arbitration; (3) whether intangible contract rights of a Nevada corporation located on federal land are held in trust for the Tribe and thus subject to the Tribe’s eminent domain powers because they relate to activities on tribal land; and (4) whether the bad-faith exception to the National Farmers Union Insurance Company v. Crow Tribe of Indians exhaustion requires a showing that the tribal court acted in bad faith, or whether it is sufficient to demonstrate that the Tribe’s governing council (Tribal Council) did so and that the Tribe’s judiciary lacked judicial independence.

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Nov. 29, 2013, 6:16 PM),