Nicholas Stamates has posted “The Aftermath of McGirt and Castro-Huerta: Problems and Possible Solutions relating to White Collar Crime in the City of Tulsa,” recently published in the Texas Tech Law Review, on SSRN.
Here is the abstract:
The Supreme Court ruling in McGirt v. Oklahoma drastically changed the legal jurisdiction of most of the state of Oklahoma under federal law. In 2017 the 10th Circuit held in Murphy v. Royal that the Oklahoma Enabling Act of 1906 never disestablished the reservations of the Five Civilized Tribes and the Supreme Court would concur with that opinion in McGirt v. Oklahoma which means that the Major Crimes Act and other federal and tribal laws relating to Indians now apply in Eastern Oklahoma, including the City of Tulsa, and not Oklahoma law in applicable cases. In doing so, the Supreme Court inadvertently created a white-collar crime jurisdictional nightmare but one that has many solutions that enshrine tribal sovereignty and corporate responsibility among Tulsa based businesses. These solutions include state and tribal compacts, congressional legislation and proactive measures by Tulsa corporations such as “McGirt forms” that list Indian status of involved parties under federal law in case of a crime, choice of law provisions in contracts for civil suits in Tribal Courts so that corporations know what to expect and can shape the outcome of a case and working with local law schools so that new hires are prepared for the post McGirt and Castro-Huerta landscape.
