Indian Gaming Now

Law

Good Information Gleaned from Interior Dep't

Nov 2 2012
As we mentioned last time, we were fortunate to participate in MSU College of Law's symposium on "off-reservation" gaming.  One of the presenters, Bryan Newland, provided the audience with some very valuable insights on the Interior Department's approach to gaming on newly acquired lands and Class III compact approval.

More From the MSU Conference

Oct 30 2012
Earlier this month, the Michigan State University College of Law's Indigenous Law&Policy Center hosted a symposium on "off-reservation" Indian gaming in Michigan.  Besides our presentation (see our prior post), the conference also featured a keynote address by former NIGC Chair Phil Hogen.  Hogen gave a detailed and highly informed overview of the Interior Department's policies and practices related to tribal gaming on newly acquired lands.  He also opined about Romney's and Obama's familiarity with and stance on Native American issues.

Steve & Kathryn's Presentation at MSU Off-Reservation Gaming Symposium

Oct 26 2012
We've just returned from the 9th Annual Indigenous Law Conference at the Michigan State University College of Law.  This year's symposium focused on "off-reservation" gaming.  Our presentation, titled "'Off-Reservation' Gaming--A New Gamble, or the Same Stakes?", focused on the big picture of tribal gaming on newly acquired lands, particularly the "best interests" or "two-part determination" exception.  We also tied Carcieri and Patchak, as well as the upcoming presidential election, to the future of tribal applications to build casinos on new trust lands.  Interested in our presentation?  We'll be happy to share an abstract.

Student Commentary on Michigan Tribal Casinos in Jurist

Aug 14 2012
Various casino projects on newly acquired lands in Michigan are pushing the envelope in both law and politics.  Jurist offers this student commentary, titled "Michigan's Off-Reservation Casino Battle."

Student Guest Blog: How Far Does the “Newly Acquired” Land Exception Extend?

Jul 17 2012
Note by Kathryn: Today's guest blog post, written by one of the students in Kathryn's Indian Gaming Law course, is by third-year law student Ashley Martin.

After choosing my paper topic of Indian gaming on “newly acquired” or “after acquired” Indian lands, I was surprised to find an article specifically addressing one of the problems that could, and did, arise under this section of the IGRA in my home state of Arizona. 

Kathryn on Off-Reservation Gaming in GLRE Roundtable

Jul 16 2012
In the latest issue of Gaming Law Review&Economics, Kathryn is one of the contributors to a roundtable article on off-reservation gaming.  Joined by Heidi McNeil Staudenmaier, Gabe Galanda, and Mike McBride, Kathryn discusses so-called "off-reservation" tribal casinos with GLRE managing editor Steve Zweig.  The discussion is wide-ranging, and includes the Supreme Court's decisions in Carcieri and Patchak, as well as the misnomer of "off-reservation" gaming.  Here's

Mashpee & Masschusetts Announce Compact Agreement

Jul 12 2012
Tribal-state compacting is alive and well, it seems. The Mashpee Wampanoag and Massachusetts announced yesterday they've agreed on a compact that is another milestone on the way to legalized casino gambling in that state.

Steve is quoted in the Boston Globe on the key question about the compact's terms: whether the tribe's agreement to pay a 21.5% cut of gambling revenue to the state -- less than the 25% to be paid by commercial casino operators -- will overcome federal scrutiny.  As Steve asks, “The question will be, is 21.5 too high?”