ABA Business Journal on Plains Commerce Bank

Here is a short article advising farm lenders on the outcome of Plains Commerce Bank, authored by Greg Taylor — taylor-on-farming-lenders-in-indian-country

Here is the summary:

The Supreme Court’s 5-4 decision last term in Plains Commerce Bank v. Long Family Land and Cattle Co. was controversial in the sense that the Court was called upon to address two highly-charged legal issues: (1) tribal sovereignty and the ability to control matters that affect their lands and the treatment of its citizens, and, (2) the terms and conditions under which non-Indian banks and other businesses may be expected to resolve disputes arising from their dealings on the reservation. The majority opinion, written by Chief Justice Roberts, overturned a decision by the Eighth Circuit that held that a tribal court may entertain a discrimination claim over a non-tribe member who regularly conducts business on the reservation. In reaching its decision, the Court focused on the status of the ownership of the land in question. The Native American community was understandably disappointed by the result; there had been hopes that the case would provide an opportunity for the Supreme Court to reconsider its views on tribal sovereignty.