ESSAY: PLAINS COMMERCE BANK'S POTENTIAL COLLISION WITH THE EXPANSION OF TRIBAL COURT JURISDICTION BY SENATE BILL 3320 Skip over navigation
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Copyright (c) 2008 The University of Baltimore Law Review
University of Baltimore Law Review

ESSAY: PLAINS COMMERCE BANK'S POTENTIAL COLLISION WITH THE EXPANSION OF TRIBAL COURT JURISDICTION BY SENATE BILL 3320

Fall, 2008

University of Baltimore Law Review

38 U. Balt. L. Rev. 29

Author

The Honorable Patience Drake Roggensack+

Excerpt



On June 25, 2008, the U.S. Supreme Court decided Plains Commerce Bank v. Long Family Land & Cattle Co., 1 in which it reaffirmed that civil tribal court subject matter jurisdiction is extremely limited when a claim against a non-tribal member is brought in a tribal court. 2 On July 23, 2008, Senate Bill 3320 was introduced as the "Tribal Law and Order Act of 2008." A part of the bill seeks to expand the scope of the criminal jurisdiction of tribal courts to include jurisdiction over non-tribal defendants. 3

This article examines Plains Commerce Bank, as it explains in detail the very limited nature of tribal court subject matter jurisdiction over a claim made against a non-tribal member defendant and grounds that limitation of tribal court jurisdiction in the U.S. Constitution. The article then examines the potential guidance that Plains Commerce Bank offers to Congress as Congress considers Senate Bill 3320, with its expansion of subject matter jurisdiction of criminal matters to include non-tribal member defendants.

I. PLAINS COMMERCE BANK
 
Plains Commerce Bank is the U.S. Supreme Court's most recent examination of civil subject matter jurisdiction of tribal courts when a claim is made against a non-tribal member. In Plains Commerce Bank, members of the Cheyenne River Sioux Tribe, the Longs 4 and their ranching and farming corporation (hereinafter collectively referred to as "the Longs"), sued a non-tribal member, Plains Commerce Bank (the Bank), in the Cheyenne River Sioux tribal court. 5 The Longs, who had been ...
 
 
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