|
Published: October 01, 2008 06:15 pm
GUEST VIEW: Congress is key to business equality in Falls
By James E. Marino
Niagara Gazette
You recently editorialized about an earlier piece written by Frank Parlato concerning the inequality between Indian-owned and operated businesses and those non-Indian businesses trying to compete.
In your editorial, you posed questions about how this unfair advantage enjoyed by Indian tribal businesses could be remedied. The solution to this problem was directly addressed by the U.S. Supreme Court in the 1998 case titled “Kiowa Tribe of Oklahoma vs. Manufacturing Technologies Inc. (523 U.S. 721).
In that case, a unanimous nine-judge court concluded that the court-created doctrine of legal and tax immunity for Indian tribes was created in a 1921 case for entirely different purposes and to protect small, dependent and nascent Indian tribes.
The justices reasoned that in this day and age, when Indian tribes and tribal governments own and operate huge business empires and huge and varied multi-million dollar corporate holdings, that application of this immunity doctrine in such cases, was clearly an improper anachronism.
In the end, however, six of the nine justices of the court opined that the problem these court cases created by allowing Indian tribal immunity to e extended to these business enterprises, should be fixed by Congress.
Justice Stevens, writing for the three judge minority, put it succinctly saying: “Why should an Indian tribe have greater immunity than the United States, all the several states and every foreign sovereign nation?”
The court did not stop at that point, however, and they suggested a simple solution to Congress in order to eliminate this unfair business largesse’. They suggested that Congress amend the Foreign Sovereign Immunity Act to include Indian tribes and their business enterprises. That federal law provides that any foreign sovereign nation like France, England, Japan or Costa Rica, who did business in this country, with this country or with any citizen of this country, is obligated to obey all federal, state and local laws, pay all the same taxes and is amenable to be sued in all the courts of the land for their misdeeds just like every other domestic busines.
That case was decided 10 years ago, and Congress has done nothing.
There are two primary reasons for this. First, it has been politically incorrect to curb any activities of Indian tribes, even when their true identity is suspect or they are nothing but a front for other non-Indian busines empires.
The second reason is that the vast sums of money available through gambling casinos and resulting from legal and tax-immunized businesses, allow cotributions to be made to Congressmen and senators, lobbyists and their ilk, invitably has prevented any ovement in Congress to fix this incredibly unfair advantage.
It cannot be overlooked in this contet that the landmark McCain/Feingold federal campaign reform, reporting and Contribution Limitation Act conspicuously omits any limitation on Indian tribal contributins to politicians, thus ensuring that nothing is likey to be done to limit tribal business exploitation of this outdated sovereign immunity doctrine to the detriment of other non-Indian businesses.
James E. Marino is an attorney in Santa Barbara, Calif.
|
|
|
|
 |
FLOOR ASSISTANT
Floor asst. needed for approx. 30-35 hrs/wk in a podiatry office, no exp. nec., will train, call between 12-2:30 pm for ...>MORE
Facilities Director
Facilities Director Strategically manage commercial and residential portfolios onsite in US and Canada. Exe...>MORE
COLLECTORS
Exp. collectors, high hrly., low cash goals, 20% overage, 500 4 hitting, Chuck @ 597-2538...>MORE
Nursing
NURSING. RN's. Up to $7500 Sign on Bonus. Thinking of a change? Consider Mount St. Mary's Hospital. Various positions av...>MORE
Nursing
NURSING. ElderWood Senior Care, "Care Without Compromise". We invite you to stop by and learn how you can become part of...>MORE
Service greeter
Service greeter wanted, PT entry level. Looking for someone with strong customer service skills to work in our fast grow...>MORE
Certified Pharmacy Tech's & Certified Medication Tech's
Certified Pharmacy Tech’s & Certified Medication Tech’s Competitive wages. Call Lisa McKensie Ransomville Manor 79...>MORE
Activities Director
Activities Director FT AS Degree and /or or 3-5 yrs exp working in adult home. Send Resume To: Ransomville Manor at 35...>MORE
Driver
Drivers CDLA. Must be able to go to Canada Good pay, great benefits. Call 278-2000 Ext. 106...>MORE
Echo Tech
ECHOCARDIOGRAPHY TECHNICIAN, Full-time. Certification by ARDMS or registry eligible. Up to $7500 Sign On Bonus!; MEDICAL...>MORE
See all ads |
Mercury 1999 Grand Marquis
Mercury ‘99 Grand Marquis 4 dr, leather, all options, 49k org mi., showroom cond. $6000. 860-2854, ...>MORE
1995 Plymouth Neon
Plymouth ‘95 Neon, 4 cyl, auto, 4 dr, exc in & out, 1 owner, only 56k orig. mi, no rust. $2195. 523-7102 ...>MORE
Buick 2005 LeSabre
BUICK 2005 Lesabre Custom, excellent condition, fully loaded, $6700 or best offer, 754-4540...>MORE
Chevy 2007 Impala LT
CHEVY 2007 Impala LT 25,800 mi, ext. warranty Exc. Cond, $16,500 297-2199...>MORE
1991 Dodge Caravan
DODGE 1991 Caravan, exc body, runs great, full power, needs TLC. $1200 or BO. Call 754-4608....>MORE
Dodge 2001 Neon
Dodge 2001 Neon 4 dr, auto, a/c, new tires, c/d no rust, inspected, $3900. white 860-2854...>MORE
Chevy 2003 Impala
CHEVY 2003 Impala 25,600 miles, loaded Exc. Cond. $10,000/bo 297-2199...>MORE
Ford 1999 Ranger
FORD 1999 Ranger, 5 speed, 130K, fair condition, $2000 or best offer, 716-310-0531...>MORE
Ford Windstar 1998
FORD 1998 Windstar $1000 or best offer. 298-5220...>MORE
Pontiac 1999 Montana
PONTIAC 1999 Montana 57,000 original miles, full options, like new, $3300, 694-0441...>MORE
See all ads |
|
 |
|