One-sided negotiation?

Imagine a future where you face new regulations on everything from criminal justice to environmental oversight to taxation. Now imagine a policy response is being negotiated, but no one representing your interests is allowed in the room. Instead, the entire negotiation is between people on the other side of the issue and their employees.

Sounds crazy, right? Unfortunately, that appears to be occurring today as Oklahoma grapples with the U.S. Supreme Court’s decision that tribal reservations were not formally abolished when it comes to criminal jurisdiction (which opens the door for increased tribal authority in a wide range of areas).

To reach this point, many prominent state officials weighed in and suggested reestablishment of reservations would not be a big challenge in Oklahoma—even though the court reaching that decision would also involve vacating Jimcy McGirt’s prison sentence. McGirt was convicted of molesting, raping, and forcibly sodomizing a four-year-old girl.







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