Indian Gaming Now

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April 13th, 2012

Follow Up on Carcieri Impacts: This One's for Rick

Posted by Kathryn Rand | Filed under:
Apr 13 2012
We recently received a question from our pen pal Rick as a follow up to our post on Carcieri.  (By the way, keep the questions and comments coming -- we love to hear from academics, practitioners, community members, and anyone else with an interest in tribal gaming law and policy!)

Rick asks whether the bottom line of Carcieri is that newly recognized tribes (that is, tribes recognized after 1934, the date of the federal Indian Reorganization Act) should continue to be allowed to gain trust lands through the Secretary, but should be disallowed from operating gaming on those lands.

April 10th

Kathryn & Steve Quoted in Indian Country Today Article

Posted by Kathryn Rand | Filed under:
Apr 10 2012
We're quoted in this Indian Country Today article on Internet gaming.  In the April 2 article, headlined "States and Feds Race to Get Internet Gaming Legislation; Indian Country Must Be Prepared," ICT reporter Gale Courey Toensing reports that federal legalization of online gaming is on the horizon.  As we've advocated in a recent article, tribes should be prepared to deal with this issue not only as gaming operators, but as tribal governments and policymakers.  Here's our qu

March 31st

Kathryn & Steve's UNLV Faculty Lecture Podcast

Posted by Kathryn Rand | Filed under:
Mar 31 2012
Kathryn&Steve visited the William S. Boyd School of Law at the University of Nevada, Las Vegas in March.  We guest lectured on tribal gaming law and policy in a Federal Indian Law class, met with the student Gaming Law Society, and presented a faculty lecture on legal education and gaming law and policy.  A podcast of our faculty lecture, which connects tribal gaming, the practice of gaming law, professionalism, and legal education, is available at http://gaming.unlv.edu/podcast.html .

Thanks to David Schwartz with the UNLV Center for Gaming Research for hosting the podcast!

March 30th

What's the Difference Between "Under Federal Jurisdiction" and Federal Recognition?

Posted by Kathryn Rand | Filed under:
Mar 30 2012
We recently were posed with the question, "What's the difference between a federally recognized tribe and one that is under federal jurisdiction?"  The question, of course, implicates the U.S. Supreme Court's decision in Carcieri v. Salazar.

The Carcieri case turned on the Court's interpretation of the extent of authority granted to the U.S. Secretary of the Interior under the federal Indian Reorganization Act of 1934.  Through the IRA, Congress delegated authority to the Secretary to take lands into trust for the benefit of an Indian tribe.  The statute defines "Indian" as "all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction."

March 20th

Reno Casinos Blame California Tribal Gaming for Financial Woes

Posted by Kathryn Rand | Filed under:
Mar 20 2012
In this Sacramento Bee story, casinos in Reno are described as having "fallen victim" to California tribal casinos in recent years.  The latest is the Silver Legacy Resort, where we stayed several years ago for tribal-state mediation training at the nearby National Judicial College.  The Silver Legacy is a newer casino, less than 20 years old, designed somewhat in the spirit of the Las Vegas resort casinos.  It features a laser-light show and a huge replica of a silver mine.  We enjoyed our stay there.

But now, the Silver Legacy is trying to avoid defaulting on a $142M bond.  The casino's owners are negotiating a restructuring of the debt.

March 16th

Steve & Kathryn to Visit UNLV

Posted by Kathryn Rand | Filed under:
Mar 16 2012
We're off to Las Vegas to visit UNLV's William S. Boyd School of Law on March 26&27.  We're slated to give a presentation on gambling law education, as well as visit classes and meet with faculty and students.  On March 26, we'll visit Professor Rolnick's Indian Law class and meet student members of the Gaming Law Society.  On March 27, we'll give a public lecture on gambling law education, stemming from our work on an Indian gaming ethic and its role in professional values and ideals.  Looking forward to it!

Patrick to Begin Negotiating Compact with Mashpee Wampanoag

Posted by Kathryn Rand | Filed under:
Mar 16 2012
Massachusetts Governor Deval Patrick is set to start Class III compact negotiations with the Mashpee Wampanoag Tribe for a possible casino in Taunton.  The Tribe had issued a formal request for compact negotiations earlier this week.  Under IGRA, the Tribe's formal request triggers the state's duty to negotiate in good faith.  25 U.S.C. section 2710(d)(3) provides, "Any Indian tribe having jurisdiction over the Indian lands upon which a class III gaming activity is . . .