Indian Gaming Now

Archive - Feb 2012

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February 28th

Back from the ABA Gaming Law Minefield

Feb 28 2012
Kathryn's back form the American Bar Association's 16th Annual National Institute on the Gaming Law Minefield.  This is a terrific annual program, chock full of expertise and experience that is useful to any attorney, regulator, or policymaker dealing with gaming law issues of any scope and sort.  As academics, we particularly appreciate the strong interplay between the "big picture" context that law professors often bring, along with the "on the ground" practice perspective of practitioners and regulators.

February 22nd

More on the Controversy over Kialegees' Broken Arrow Casino

Feb 22 2012
More coverage in the Tulsa World on the ongoing controversy over a possible tribal casino in suburban Tulsa.  Citizen groups have pressured local government officials to take drastic action, including denying water and sewer services to the land where the casino is planned.  The group has dropped this particular demand, after a clear-headed city attorney questioned the constitutionality . . . .

February 14th

Effects of Recession Continue to Lead to Refinancing for Tribes

Feb 14 2012
You don't have to be an economist to know that even if the recession is officially over, many sectors of our economy continue to experience challenging effects of the economic downturn.  The casino industry once was lauded as "recession-proof" and it certainly is true that people gamble even when times are tough.  But this recession demonstrated that the gaming industry is not immune.

The recession's effects on tribal casinos brought to the forefront issues that simply had not been relevant to Indian country before -- mostly because tribal casinos have brought a level of economic development and revenue to tribal governments that hasn't been present since -- well, since we came up with the legal term of Indian country.

February 10th

Upcoming Indian Gaming Roundtable in GLRE

Feb 10 2012
The Gaming Law Review&Economics journal publishes "roundtable" discussions on gaming issues.  These are informal conversations among industry experts, moderated by GLRE managing editor Steve Zweig.  The roundtables are an informative feature, and include both the latest news and the insights of experts.  Kathryn participated in a roundtable discussion on "off-reservation" Indian gaming, which will appear in a forthcoming issue of the GLRE.  Also participating were some of the best-known practitioners in the area, including Heidi McNeil Staudenmaier, of

February 7th

Kathryn to Present at ABA Gaming Law Minefield

Feb 7 2012
Kathryn is scheduled to present at the ABA's National Institute on the Gaming Law Minefield in Las Vegas, Feb. 23-24, 2012.  Her presentation is part of a panel on "Ethics and the Gaming Industry," which will discuss ethical issues faced by lawyers practicing in the gaming industry, with a focus on the relationship between the regulators and the regulated.  Kathryn's presentation will further develop Kathryn&Steve's concept of an "Indian Gaming Ethic" to guide tribal decisionmaking and to inform decisionmaking by non-tribal folks as well.

Boston Globe Editorial on Mashpee

Feb 7 2012
This Boston Globe editorial encourages "special treatment" for the Mashpee Wampanoag Tribe in Massachusetts. Critics, of course, use the term "special treatment" to signal discrimination against the majority, in this case everyone other than the tribe. But here "special treatment" really means "treatment that takes into account that the Tribe is a government." To treat the Tribe no differently than an individual or a corporation is inappropriate under federal law. Further, as the editorial points out, the Mashpee have an historical and present-day context that the state should care about.

February 3rd

Online Gambling Is Heating Up

Feb 3 2012
Connecticut policymakers are listening to tribal concerns about online gambling -- including current illegal Internet gaming and the possibility of future state-regulated Internet gaming.  In this CBS story, representatives from the Mashantucket Pequot and the Mohegan Tribes held out the carrot of the tribes' capacity to offer online gaming, should the state choose to legalize it.  As everybody knows, Connecticut profits from Foxwoods and the Mohegan Sun -- this year, the tribes' payments to the state approached $360 million.  Negotiating online gaming with the tribes is an opportunity for the state to confine legalized Internet gambling and possibly to profit from increased tribal-state revenue sharing.  But the tribal representatives brought out a stick, too, stating