4 ms·

Is rent-a-tribe for payday lending actually legal? It seems like courts have said the tribe needs to have some ownership and involvement in the day to day oper

by from 4y ago

Is rent-a-tribe for payday lending actually legal? It seems like courts have said the tribe needs to have some ownership and involvement in the day to day operations for immunity to apply.

yieldcrv 4y ago
> It seems like courts have said the tribe needs Exhibit A of something that wouldn't apply to all tribes the same because they are too different. Some are more sovereign than others in some aspects. There is nothing uniform about the concept of indigenous lands, but the arbitrage comes from everyone treating them as an amorphous group. Even the most progressive and inclusive people do this, but fortunately it just comes down to reading comprehension. If you can read or are willing to read, you'll find some unchallenged and interesting thing you might be willing to pursue. You likely will have to go to the area to find what to read though, "area" because I'm not willing to call them all "tribes".
- from 4y ago
  I admire your tremendous expertise in regulatory arbitrage. I read the decision in Washington State Dept. of Licensing v. Cougar Den and now I want to become versed in some of those obscure treaties from the 1800s lol.
  - yieldcrv 4y ago
    just keep in mind that Supreme Court case would have reached a different conclusion if it was ruled on a year later after RGB died and republicans got their appointment. but it doesn't matter because its done, at a certain level of nuance you are also playing the system and pulling strings at certain time periods to enshrine your own interests. treaties and interpretation of those treaties require an act of congress and they just aren't going to get involved a single 10,000 member tribe's issue. that's kind of a benefit of tribal issues being under the federal government, its too centralized (and bottlenecked), compared to being at municipal and state level.

by from 4y ago

Is rent-a-tribe for payday lending actually legal? It seems like courts have said the tribe needs to have some ownership and involvement in the day to day operations for immunity to apply.

yieldcrv 4y ago

> It seems like courts have said the tribe needs Exhibit A of something that wouldn't apply to all tribes the same because they are too different. Some are more sovereign than others in some aspects. There is nothing uniform about the concept of indigenous lands, but the arbitrage comes from everyone treating them as an amorphous group. Even the most progressive and inclusive people do this, but fortunately it just comes down to reading comprehension. If you can read or are willing to read, you'll find some unchallenged and interesting thing you might be willing to pursue. You likely will have to go to the area to find what to read though, "area" because I'm not willing to call them all "tribes".

from 4y ago
I admire your tremendous expertise in regulatory arbitrage. I read the decision in Washington State Dept. of Licensing v. Cougar Den and now I want to become versed in some of those obscure treaties from the 1800s lol.
- yieldcrv 4y ago
  just keep in mind that Supreme Court case would have reached a different conclusion if it was ruled on a year later after RGB died and republicans got their appointment. but it doesn't matter because its done, at a certain level of nuance you are also playing the system and pulling strings at certain time periods to enshrine your own interests. treaties and interpretation of those treaties require an act of congress and they just aren't going to get involved a single 10,000 member tribe's issue. that's kind of a benefit of tribal issues being under the federal government, its too centralized (and bottlenecked), compared to being at municipal and state level.