Indian Gaming And Tribal Sovereignty

Examines Indian gaming in detail: what it is, how it became on of the most politically charged phenomena for tribes and states today, and the legal and political compromises that shape its present and will determine its future.

Based on an award-winning dissertation, "Indian Gaming" examines the conflicts over the gaming operations of American Indian tribes, which have led to a new era of tribal autonomy. Also examined is the role of the United States Attorney's office and its authority on Indian lands. 20 illustrations. 2 maps.

The advent of gaming on Indian reservations has created a new kind of tribal politics over the past three decades. Now armed with often substantial financial resources, Indigenous peoples have adjusted their political strategies from a focus on the judicial system and the Bureau of Indian Affairs (BIA) to one that directly lobbies state and federal governments and non-Indigenous voters. These tactics allow tribes to play an influential role in shaping state and national policies that affect their particular interests. Using case studies of major Indian gaming states, the contributing authors analyze the interplay of tribal governance, state politics, and federalism, and illustrate the emergence of reservation governments as political power brokers.

In just over two decades, Indian gaming has become big business throughout the United States. Over 300 tribal casinos in 30 states generate billions of dollars in gambling revenue. The Indian gaming industry continues to grow, attracting widespread attention in the courts, policymaking arenas, and the media. With a complex and controversial federal regulatory scheme and myriad state and tribal regulations, Indian gaming is a growing area of legal and regulatory practice. At the intersection of federal Indian law and gambling law, and against the background of tribal sovereignty, Indian gaming is a complicated and fascinating topic for students, practitioners, and policymakers alike, raising important legal, political, and public policy questions. Indian Gaming Law and Policy provides a comprehensive and accessible explanation of Indian gaming, tracing the genesis of tribal gaming and the federal Indian Gaming Regulatory Act, enacted on the heels of the Supreme Court's landmark decision in California v. Cabazon Band of Mission Indians. The book discusses in detail the Act's provisions and subsequent legal and political developments, including the scope of gaming and state public policy, the line dividing Class II and Class III games, the increased politicization of tribal gaming after the Supreme Court's examination of the Act in Seminole Tribe v. Florida, and the multitude of actors -- at federal, state, and tribal levels, and within both the public and private sectors -- who have regulatory authority or other influence over Indian gaming. As debates over tribal gaming heat up across the U.S., the book examines developing political and policy issues that may determine the future of Indian gaming and includes a helpful appendix to guide practitioners and students in researching Indian gaming issues. Indian Gaming Law and Policy is a one-stop resource for practitioners and policymakers, and also is a highly readable and comprehensive account appropriate for adoption in courses in law, public policy and public administration, and contemporary issues. "Indian Gaming Law and Policy should be required reading for policymakers at the federal, state, and tribal level." -- Bimonthly Review of Law Books

The second edition of this casebook will be forthcoming in Fall 2019. This is a 2017 paperback printing of the casebound edition originally published in 2008. With more than 400 tribal casinos in 30 states generating more than $23 billion in annual revenue, Indian gaming is a rapidly growing industry that is here to stay. Subject to a complex federal regulatory scheme and myriad state and tribal regulations, Indian gaming also is a growing area of legal practice. A course in Indian gaming law has legal and political currency and thus can easily "connect" with students. But more than simply learning about current events, students should come away from a course on Indian gaming law with a critical understanding of perhaps the most important legal and policy issue facing tribes today, and with a deeper sense of how tribes -- the "third sovereign" -- interact with state and federal governments in the American political system. Indian Gaming Law: Cases and Materials is a casebook that allows instructors and students to achieve these important pedagogical goals. Indian Gaming Law: Cases and Materials provides a clear, comprehensive, and accessible platform designed specifically for Indian gaming law and similar courses. Written by a law professor and a professor of political science and public administration who are the co-directors of the Institute for the Study of Tribal Gaming Law and Policy and leading scholars in the field of tribal gaming, this casebook uniquely is informed by the reality that Indian gaming law and policy has evolved through political compromise as much as through litigation and law reform. The casebook therefore includes materials relevant to the key legal contexts of tribal gaming as well as the type and relative influence of extralegal variables that shape Indian gaming law. In this casebook, the authors fuse the necessary background on federal Indian law and the status of American Indian tribes in the American political system with legal approaches to regulating gambling, and provide a useful overarching theoretical approach grounded in tribal sovereignty. The casebook covers necessary background on federal Indian law and the legal doctrine of tribal sovereignty, as well as on the roots of Indian gaming in traditional tribal practices and the imperatives of reservation economic development; provides overviews of pre-statutory law and the genesis of the federal statutory framework governing Indian gaming in light of key court decisions; discusses how the federal classification scheme for tribal gaming creates the parameters for tribal-state relations, including compacting for casino-style gaming; and highlights such topics as the authority of the federal agency responsible for regulating Indian gaming and the authority for gaming on newly acquired lands. Materials include excerpts from relevant case law, statutes, and regulations alongside excerpts from books, journal articles, and testimony by key authorities in the field. And because Indian gaming is far from uniform, with significant variation by state and tribe, throughout the book the editors provide specific examples of tribal and state experiences with tribal gaming. To assist students in working through such complex issues, each chapter includes teaching problems and notes. The authors also provide an accompanying Instructor''s Manual that contains additional specific suggestions for discussion topics and questions, group and individual exercises, web links to capture dynamic developments in Indian gaming, and supplementary background resources for instructors. Ideal for both new and experienced teachers, Indian Gaming Law: Cases and Materials can be paired effectively with the authors'' legal resource book Indian Gaming Law and Policy.

The second edition of Indian gaming and the law contains newly updated material on the legal, political, and economic aspects of Indian gaming in the United States and Canada. Of particular interest are the chapters addressing current trends in Indian gaming law, compacts and gaming operations.

In the decades since the passing of the Pamajewon ruling in Canada and the Indian Gaming Regulatory Act in the United States, gaming has come to play a crucial role in how Indigenous peoples are represented and read by both Indians and non-Indians alike. This collection presents a transnational examination of North American gaming and considers the role Indigenous artists and scholars play in producing depictions of Indigenous gambling. In an effort to offer a more complete and nuanced picture of Indigenous gaming in terms of sign and strategy than currently exists in academia or the general public, Gambling on Authenticity crosses both disciplinary and geographic boundaries. The case studies presented offer a historically and politically nuanced analysis of gaming that collectively creates an interdisciplinary reading of gaming informed by both the social sciences and the humanities. A great tool for the classroom, Gambling on Authenticity works to illuminate the not-so-new Indian being formed in the public’s consciousness by and through gaming.

Cultural Studies. Native American Studies. This new book explores American Indian gaming practices froma variety of angles. This timely publication confronts the complex history and future of the recently developed gaming centers found on many US Indian reservations today.