The Supreme Court and Tribal Gaming

The Supreme Court and Tribal Gaming
Author: Ralph A. Rossum
Publisher: University Press of Kansas
Total Pages: 224
Release: 2011-04-27
Genre: Law
ISBN: 0700617787

When the Cabazon Band of Mission Indians-a small tribe of only 25 members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians, the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.

The Supreme Court and Tribal Gaming

The Supreme Court and Tribal Gaming
Author: Ralph A. Rossum
Publisher:
Total Pages: 0
Release: 2011
Genre: Games & Activities
ISBN: 9780700617777

Covers the history of the California v. Cabazon Band of Mission Indians Supreme Court case and the impact the decision had on the tribal gaming business.

Indian Gaming & Tribal Sovereignty

Indian Gaming & Tribal Sovereignty
Author: Steven Andrew Light
Publisher:
Total Pages: 396
Release: 2005
Genre: Business & Economics
ISBN:

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.

Indian Gaming

Indian Gaming
Author: W. Dale Mason
Publisher: University of Oklahoma Press
Total Pages: 356
Release: 2000
Genre: Social Science
ISBN: 9780806132600

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.

Indian Gaming Law

Indian Gaming Law
Author: KATHRYN R. L. RAND
Publisher:
Total Pages: 668
Release: 2019-08-21
Genre:
ISBN: 9781531009793

American Indian Tribal Law

American Indian Tribal Law
Author: Matthew L.M. Fletcher
Publisher: Aspen Publishing
Total Pages: 1188
Release: 2020-02-02
Genre: Law
ISBN: 1543817432

Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes.American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship

Tribal Business Structure Handbook

Tribal Business Structure Handbook
Author: Karen J. Atkinson
Publisher:
Total Pages:
Release: 2009
Genre: Indian business enterprises
ISBN: 9780692057650

A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.

Native American Sovereignty on Trial

Native American Sovereignty on Trial
Author: Bryan H. Wildenthal
Publisher: Bloomsbury Publishing USA
Total Pages: 376
Release: 2003-04-24
Genre: Social Science
ISBN: 1576076253

A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s, to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in depth review of essential legal issues makes even the most difficult and complex judicial doctrines easy to understand by students and nonlawyers. This concise volume tracing the evolution of Native American sovereignty will supplement coursework in law, political science, U.S. history, and American Indian studies.

Pathways to Indigenous Nation Sovereignty

Pathways to Indigenous Nation Sovereignty
Author: Alan R Parker
Publisher: MSU Press
Total Pages: 242
Release: 2018-04-01
Genre: Law
ISBN: 1938065034

In a story that could only be told by someone who was an insider, this book reveals the background behind major legislative achievements of U.S. Tribal Nations leaders in the 1970s and beyond. American Indian attorney and proud Chippewa Cree Nation citizen Alan R. Parker gives insight into the design and development of the public policy initiatives that led to major changes in the U.S. government’s relationships with Tribal Nations. Here he relates the history of the federal government’s attempts, beginning in 1953 and lasting through 1965, to “terminate” its obligations to tribes that had been written into over 370 Indian treaties in the nineteenth century. When Indian leaders gathered in Chicago in 1961, they developed a common strategy in response to termination that led to a new era of “Indian Self-Determination, not Termination,” as promised by President Nixon in his 1970 message to Congress. Congressional leaders took up Nixon’s challenge and created a new Committee on Indian Affairs. Parker was hired as Chief Counsel to the committee, where he began his work by designing legislation to stop the theft of Indian children from their communities and writing laws to settle long-standing Indian water and land claims based on principles of informed consent to negotiated agreements. A decade later, Parker was called back to the senate to work as staff director to the Committee on Indian Affairs, taking up legislation designed by tribal leaders to wrest control from the Bureau of Indian Affairs over governance on the nation’s 250 Indian reservations and negotiating agreements between the tribes that led to the Indian Gaming Regulatory Act. A valuable educational tool, this text weaves together the ideas and goals of many different American Indian leaders from different tribes and professional backgrounds, and shows how those ideas worked to become the law of the land and transform Indian Country.

Federal Indian Law

Federal Indian Law
Author: Matthew L. M. Fletcher
Publisher:
Total Pages: 0
Release: 2016
Genre: Alaska Natives
ISBN: 9780314290717

Hardbound - New, hardbound print book.