Business and Tribal Law Environments

Instructor Cara DiMare 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.

In the second half of Chapter 6, Instructor Cara DiMare 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.

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.

Instructor Cara DiMare 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.

This episode examines the constitutional frameworks governing business activities in Indian Country. Instructor DiMare 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.

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.

Explore the intersections of corporate social responsibility and Tribal ethics in business decision-making. Instructor Cara DiMare analyzes ethical conduct requirements across Tribal codes (including Colville, Colorado River Indian Tribes, Oneida) and discusses navigating fiduciary duties while upholding community accountability in Tribal enterprises. Note this is all educational and not legal advice.

Explore the intersections of western corporate social responsibility and Tribal ethics in business decision-making. Instructor DiMare analyzes ethical conduct requirements across tribal codes (including Colville, Oneida, Colorado River Indian Tribes) and discusses navigating fiduciary duties while upholding community accountability in tribal enterprises. Note this is all educational and not legal advice.

In this episode, Instructor Cara DiMare breaks down civil dispute resolution mechanics for tribal businesses, comparing negotiation, mediation, arbitration, and formal litigation. Learn how the litigation pyramid operates in practice, structuring limited waivers of tribal sovereign immunity, and notes on effective forum selection clauses. Explore how the Tribal Exhaustion Doctrine protects tribal court jurisdiction, using real-world commercial scenarios set across the Dakotas. Note this is all educational and not legal advice.

Welcome to Business Law 405 (Business and Tribal Law Environments) at Sitting Bull College with Instructor Cara DiMare. In this episode, we break down the structure of the course, how to navigate our Jenzabar portal, the rigorous academic standards we hold, and a comprehensive roadmap of the legal frameworks we will master together this semester. Note this is all educational and not legal advice.