Author Archives: T.J. McCarrick

Jurisdiction, “Indian Country,” & A Critique of Murphy v. Royal, –F.3d–, (10th Cir. Aug. 8, 2017)

On August 8, 2017, the State of Oklahoma suffered a major jurisdictional defeat.  In Murphy v. Royal, —F.3d—, 2017 WL 3389877 (10th Cir. Aug. 8, 2017), it was held that a large swath of Oklahoma, including the Tulsa metropolitan area, falls within a reservation of the Creek Nation; that the Creek Reservation has never been disestablished […]

An Erie Doctrine for Arbitration

Arbitration has become a staple of modern dispute resolution—the alternative par excellence to court adjudication for almost “every type of justiciable claim.”[1]  Its rise can largely be attributed to the use of arbitration clauses, contractual provisions that require legal claims be resolved in informal, non-judicial forums.[2]  What’s more, arbitration clauses received federal imprimatur over a […]

Minimal Contact: Reconsidering Personal Jurisdiction Over Absent Class Members

Absent class members play a protean role in the lifecycle of a lawsuit.  Parties for some purposes, but not others, [1] their status continues to vex courts in a variety of situations.[2]  That incoherence largely stems from Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985).  There, state and federal courts were permitted to exercise […]