Business and Tribal Law Environments

Sitting Bull College
  • 5.0 (3)
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Lectures, case studies, and analyses on business development, sovereignty, and Tribal law at Sitting Bull College, hosted by Instructor Cara DiMare.

  1. 5d ago

    BADM 405 | Ep 9: Tribal Intellectual Property Rights

    This episode of Business Law 45: Business and Tribal Environments explores the complex intersection of Western intellectual property law, covering copyright, trademarks, patents, and trade secrets, and Indigenous cultural property rights. The discussion breaks down how Western legal frameworks rely on individual ownership, temporary protection, and commercial utility, which often conflict with Indigenous legal traditions centered on communal stewardship, perpetual rights, and inalienability. Highlighting specific federal laws like the Indian Arts and Crafts Act and NAGPRA, the episode examines both the protections available and the ongoing legal challenges tribes face in safeguarding their traditional knowledge, sacred items, and authentic arts from exploitation.

  2. Oct 26

    BADM 405 | Ep 8: Administrative (Admin) Law, APA, Tribal Agencies

    This episode introduces government regulations and administrative law, highlighting their critical importance for commercial ventures and tribal nations alike. It covers the structure and functions of administrative agencies- including rule-making, investigation, enforcement, and adjudication-under frameworks like the Administrative Procedure Act (APA). The discussion addresses the evolving legal landscape following key Supreme Court decisions such as Chevron and Loper Bright. Finally, it explores how federal, state, and tribal administrative authorities intersect within reservation boundaries and impact business operations. Note this is all educational and not legal advice.

  3. Oct 22

    BADM 405 | Ep 7: Employment and Labor Law, TERO Compliance, & Tribal Sovereignty

    This episode explores employment and labor law within U.S. and Tribal contexts. Learn how the common law employment-at-will doctrine governs terminations, examined through historical shifts from obsolete structures to modern at-will rules and its three major exceptions (public policy, implied contract, and statutory abrogation). We also analyze how federal statutes (such as Title VII, the FLSA, OSHA, and the NLRA) apply to commercial operations, along with tribal employment rights offices (TEROs), statutory exclusions, and tribal hiring preferences grounded in political sovereignty. Note this is all educational and not legal advice.

  4. Sep 21 ·  Bonus

    BADM 405 | Ep 6 Pt 2: Strict Liability, Product Defects & Tribal Tort Hybridity

    This episode explores strict liability, commercial product defects, and the distinct evolution of tribal tort jurisprudence. Learn how the Restatement (Second) of Torts § 402A assigns liability for manufacturing defects, design defects, and failure to warn, examined through practical reservation commerce scenarios from Cannon Ball. We also analyze business torts (intentional interference, conversion, and fraudulent misrepresentation), Prof. Allaire’s framework on "legal hybridity," and the procedural mechanics of the Standing Rock Sioux Tribe Code of Justice Title II (Civil Procedures), covering statutes of limitations, service of process, long-arm jurisdiction, and sovereign immunity. Note this is all educational and not legal advice.

  5. Sep 21

    BADM 405 | Ep 6 Pt 1: Torts & Legal Hybridity

    Civil wrongs, negligence, intentional torts, and product liability in tribal commercial environments. This episode delves into the Standing Rock Sioux Tribe Code of Justice Title II (Civil Procedure) and examines legal hybridity in the evolution from state tort concepts to distinct tribal tort law. Note this is all educational and not legal advice.

  6. Aug 18

    BADM 405 | Ep 5: Criminal & Corporate Liability

    This episode examines the elements of criminal offenses, white-collar crime, and corporate liability across overlapping state, federal, and tribal jurisdictions. Learn how criminal convictions impact business operations and explore jurisdictional boundaries under federal statutory frameworks. Note this is all educational and not legal advice.

  7. Aug 6

    BADM 405 | Ep 4: Constitutional Basis of Business Law

    This episode examines the constitutional frameworks governing business activities in Indian Country. This episode explores the U.S. Commerce Clause, the Indian Commerce Clause, federal preemption, and inherent tribal sovereignty. Dive into key federal Indian law precedents and examine how tribal constitutions format local regulatory power. See as an addendum Bonus Episode NAS 299Z/499Z | Bonus Ep: Wash. State Dep't of Licensing v. Cougar Den, Inc., 139 S. Ct. 1000 (2019). Note this is all educational and not legal advice.

  8. Aug 6 ·  Bonus

    NAS 299Z/499Z | Bonus Ep: Wash. State Dep't of Licensing v. Cougar Den, Inc., 139 S. Ct. 1000 (2019)

    Instructor Cara DiMare breaks down Wash. State Dep't of Licensing v. Cougar Den, Inc., a major 2019 Supreme Court case upholding Yakama Nation treaty rights. We examine how the 1855 Treaty with the Yakama Nation protects Tribal fuel transportation and off-reservation trade rights from state taxation. Note this is all educational and not legal advice. Please note that this is a Bonus Episode and the audio quality is substandard.

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Lectures, case studies, and analyses on business development, sovereignty, and Tribal law at Sitting Bull College, hosted by Instructor Cara DiMare.

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