The plan will never work because of the inherent racist biases in the usfg

- even though this isnt the aff, its an important point that biases in the system could still exist because of constatnt racial biases against native Americans

Johnson 10 Johnson is a Third-year student, University of Oklahoma College of Law (Aaron Drue, “Just say no (to american capitalism): why american indians should reject the model tribal secured transactions act and other attempts to promote economic assimilation”, American Indian Law Review, 1-1-2010, , DOA: 6/29/24)//LFS – LMH

We must not deny reality. Native Americans will likely be targeted with unfair lending practices because of their race. The subprime predatory lending problem is disproportionately concentrated in minority communities.9 4 Statistics indicate that the gap in subprime lending practices cannot be explained by disparities in income alone." A HUD/Treasury study determined that the disproportionate concentration of predatory lending in minority groups existed not only in low- and moderate-income neighborhoods, but in highincome neighborhoods as well.96 The study's findings are startling. For example, the study found that "borrowers . . . in upper-income black neighborhoods [are] twice as likely as homeowners in low-income white neighborhoods to refinance with a subprime loan."97 HUD gives several reasons for the discrepancy. The HUD report asserts that "the disproportionate amount of subprime lending in certain neighborhoods likely results from the following factors: differences in credit characteristics of borrowers; differences in the types of loans (e.g. small balance loans); and less competition from mainstream lenders." 98 Moreover, it asserts that "[1]ow-income and minority neighborhoods may be especially vulnerable to abusive lending practices because subprime lending tends to be concentrated in these neighborhoods."99 Notwithstanding HUD's conclusions, American Indians are free to make their own inferences in response to these statistics. My feeling, however, is that Native American tribes that adopt the MTSTA are inviting the same type of harmful lending practices documented in the HUD study. The MTSTA simply does not provide adequate protection against racially disproportionate predatory-lending practices