Texas A&M Law Review Volume 8 Issue 1 11-1-2020 Scaling Commercial Law in Indian Country MARC LANE ROARK Southern University Law Center,
[email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/lawreview Part of the Commercial Law Commons, Indian and Aboriginal Law Commons, and the Law and Economics Commons Recommended Citation MARC L. ROARK, Scaling Commercial Law in Indian Country, 8 Tex. A&M L. Rev. 89 (2020). Available at: https://doi.org/10.37419/LR.V8.I1.3 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Texas A&M Law Review by an authorized editor of Texas A&M Law Scholarship. For more information, please contact
[email protected]. \\jciprod01\productn\T\TWL\8-1\TWL105.txt unknown Seq: 1 28-OCT-20 7:35 SCALING COMMERCIAL LAW IN INDIAN COUNTRY by: Marc L. Roark* ABSTRACT How do you drive economic enterprise in a financial desert? Indian tribes, academics, economists, and policy makers have considered the means and methods for energizing economic growth for forty years. Efforts such as the creation and promotion of the Model Tribal Secured Transactions Act (“MT- STA”) promise much toward creating conditions that would gather financial opportunity to tribal regions that experience poverty at a strikingly higher rate than any other place in the United States. And yet, while the law has been available for more than ten years, tribes have been reticent to adopt it. This Article fills the vacuum in the literature around the promise of uniform laws in Indian Country by describing the inherent tension that exists between down- scaling uniform laws into tribal contexts and the localism that seeks to pre- serve localized values.