Feb
27
2010
Revenue sharing provisions in tribal-state compacts are a legal "grey" area. IGRA is very clear that states can't tax tribal gaming, or charge tribes a fee to engage in Class III gaming. But the Interior Secretary has taken the position that tribes and states can negotiate revenue sharing provisions, in which the state gets, well, a fee -- but the tribe gets something from the state, too. Typically, what the tribe gets is some form of exclusivity (like the state's promise not to legalize commercial casinos) or some additional benefit (like new games, or additional machines). The limits on this approach are less than clear.Law
What About City of Sherrill?
Feb
20
2010
When Kathryn was in Kansas last week presenting on the future of Indian gaming, the question was posed about the impact of the U.S. Supreme Court's 2005 decision in City of Sherrill v. Oneida Indian Nation. And a good question it was, as the case added a new wrinkle to determining whether land qualifies as "Indian lands" under IGRA. Back from Prairie Band Casino & Resort
Feb
13
2010
Kathryn's back from Mayetta, Kansas, where she presented at the 10th Annual Native Nations Law Symposium. The Symposium, sponsored by the University of Kansas School of Law, was hosted by the Prairie Band Potawatomi Nation at their newly remodeled and updated Prairie Band Casino&Resort. Kathryn's presentation was "Indian Gaming Now: Law, Politics, and Policy in the Next Decade." In the presentation, after laying out the history of two decades of tribal gaming under IGRA and the current state of the industry, Kathryn discussed the likely future developments in some key areas -- the economy, tribal-state compacting, revenue sharing Kathryn to speak at Native Nations Law Symposium
Feb
8
2010
On February 12, Kathryn will give a presentation on "Indian Gaming Now: Law, Policy, and Politics in the Next Decade," at the Native Nations Law Symposium hosted by the University of Kansas School of Law. This is the 10th annual Native Nations Law Symposium, and it will be held at the Prairie Band Casino and Resort in Mayetta, Kansas. Other presenters include Elizabeth Kronk (University of Montana School of Law), Douglas Nash (Institute for Indian Estate Planning and Probate at Seattle University School of Law), Melody McCoy (Native American Rights Fund), Aliza Organick (Washburn University School of Law), Mark Dodd (Prairie Band Potawatomi Nation), and Stacy Leeds (Tribal Law and Government Center, University of Kansas School of Law). U.S. Supreme Court and Campaign Finance
Jan
22
2010
This week, the U.S. Supreme Court reached a decision in the much-anticipated case about corporate spending on political campaigns. The facts centered on the infamous "Hillary: The Movie," but the case raised significant issues about campaign financing generally and the McCain-Feingold campaign finance law.By 5-4 vote, the landmark decision overturned federal laws that limited corporations' ability to fund political campaign ads. The Court's decision also will allow labor unions to spend more on political campaigns. The Court upheld a ban prohibiting corporations and unions from directly contributing funds to candidates for any use.
Off-Reservation Gaming 101
Dec
18
2009
With the pending Shinnecock Tribe's federal recognition in the news, we thought folks might appreciate the basics of "off-reservation" gaming.First, of course, is that common usage of the term "off-reservation gaming" usually means gaming on newly acquired lands. That is, people commonly say "off-reservation casino" to refer to any effort to open a gaming establishment on new lands. Often, those lands actually have some tie to the tribe's reservation, so the "off-reservation" part is something of a misnomer. "Gaming on newly acquired lands" is more accurate, but apparently it's too much of a mouthful for most people. With that little lecture on legal terminology out of the way, let's move on to some basic rules.
