Secured Transactions Laws and Economic Development on American Indian Reservations

Harmonized commercial laws are considered an essential ingredient to commerce and trade and have been called the backbone of American commerce. Key components of these laws are those governing secured transactions. In recent years, Native American tribal governments have moved to adopt commercial codes to increase economic development on their reservations, but many have modified these codes to address challenges to tribal sovereignty and culture. This paper compares reservations that adopted modified secured transaction acts to reservations that adopted uniform laws. We demonstrate that reservations can potentially experience substantial economic gains from either form of adoption.