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by orange_joe 481 days ago
couldn’t you just ignore them?
1 comments

How? If you enter into a contract with them, it has to be litigated in their tribal court. Who do you think is going to win? The chief sits on the court as the judge and jury.
> If you enter into a contract with them, it has to be litigated in their tribal court.

Isn't it possible (and typical) for contracts to specify a particular forum for dispute resolution?

> Isn't it possible (and typical) for contracts to specify a particular forum for dispute resolution?

Tribes are sovereign under U.S. law. In most cases when you sign a contract with a tribe (or under tribal law), the tribe is free to modify it ex post facto.

Looks like they learned this from the US government, which signed a series of treaties with the various Indian groups in the 1800s and then ignored the treaties.
> they learned this from the US government, which signed a series of treaties with the various Indian groups in the 1800s and then ignored the treaties

No, the New World figured out empires, exploitation and abrogration of treaty obligations all on its own. The Maya are notorious. But there is a reason even e.g. the Navajo call the ancestral Puebloans the Anasazi [1].

[1] https://en.wikipedia.org/wiki/Ancestral_Puebloans

That's true of all of human history. Alliances shift between nations, disagreements occur, war breaks out and the map gets redrawn.
The USA is really on another level than many other nations in its lack of respect for treaties, at least in modern times. Anyone who signs an agreement with the USA should really expect at most 3-4 years of validity, depending where in the election cycle it was signed.
how is it an argument when both sides are so deliciously correct
Not really, unless there is some higher jurisdiction that can assert power over both parties. Maybe america can do that to the tribal nations, but no one wants go near that quagmire, unless there were huge issues at stake like the survival of the country or something of that magnitude.
How would they enforce the court verdict if you aren't on their land?
In this situation they owe you money, not the other way around.
Entering into a contract doesn’t sound like ignoring, we did it to them only makes sense they can get away with exactly the same thing now
Ah yes, the ole "two wrongs DO make a right" argument