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In 1886, the US Supreme Court wrote that, for Indian tribes,"the people of the states where they are found are often their deadliest enemies." Recently, state agencies and regulators have continued that tradition of hostility by improperly attempting to regulate electronic commerce businesses operated by tribal governments that are more properly subject to regulations established by tribal law and subject to federal oversight. Despite the fact that these online businesses operate exclusively under tribal law and make their tribal affiliation clear to customers, certain state regulators have demanded absolute compliance with state law, even when such laws are from states thousands of miles away. Not only does this over reaching by uninformed state regulators limit the products available to consumers, it also severely undercuts on-reservation economic development, imperils tribal electronic commerce, and challenges basic notions of tribal sovereignty. Businesses and consumers entering into commercial contracts rely heavily on consistency and predictability in contracting, including when the parties mutually agree to apply tribal law or utilize tribal courts to resolve disputes. Uniform interpretation and enforcement of such agreements are critical to ensuring continued investment in tribal businesses. With over one quarter of American Indians living in poverty--nearly twice the national average--it has never been more important to promote confidence in the Indian economy. When courts do not give full force and effect to contracting parties' desires to resolve their private disputes using tribal courts and tribal law, this confidence is threatened. While it is unclear how this controversy will ultimately play out, one thing is certain: states are not only undermining tribal innovation and harming tribal economies but also attacking tribal sovereignty itself. Perhaps lost in the legal rancor, however, are the very real human and economic consequences of the loss of tribal revenues from e-commerce business, as well ...

A brief history of American Indian business /Charles F. Harrington --Embracing cultural tradition: historic business activity by Native people in the western United States /Joseph Scott Gladstone --American Indian entrepreneurship /Charles F. Harrington, Carolyn Birmingham, and Daniel Stewart --Business strategy: building competitive advantage in American Indian firms /Daniel Stewart --The business law of the third sovereign: legal aspects of doing business in Indian country /Gavin Clarkson --Legal forms of organization /Amy Klemm Verbos --Tribal finance and economic development: the fight against economic leakage /Gavin Clarkson --High-stakes negotiation: Indian gaming and tribal-state compacts /Gavin Clarkson and James K. Sebenius --American Indian leadership practices /Stephanie Lee Black and Carolyn Birmingham --Business ethics and Native American values /Carma M. Claw, Amy Klemm Verbos, and Grace Ann Rosile --Coyote learns to manage a health program /Joseph Scott Gladstone --A Native American values-infused approach to human resources /Matthew S. Rodgers and Shad Morris --Service management for Native American customers /Deanna M. Kennedy, Denise Bill, Rachael Meares, and Iisaaksiichaa (Good Ladd) Ross Braine --Native Americans and marketing: a paradoxical relationship /Stephanie Lawson Brooks and Cara Peters.