The Interesting Issue of Minnesota’s Expansion of Online Lottery Sales

The State of Minnesota has offered online sales of the Daily 3 & 4, MegaMillions, PowerBall, and other lottery tickets since the fall of 2010. Now, Minnesota is poised to offer online sales of scratch-off instant games in the new year (Click here). Minnesota Public Radio this morning reported that these new online scratch-off games will, soon after introduction, contain bonus games that utilize “reels” (Click here). Minnesota Governor Dayton is also renewing his calls for a state-run casino, this time at the Minneapolis-St. Paul International Airport (Click here). The Minnesota State Lottery has also created an online portal for its players club, Lucky MN, that looks a lot like ones seen on casino websites (Click here).

Minnesota is becoming an interesting case study of how expanded forms of state-run gambling, especially online-based gambling, is impacting tribal brick-and-mortar casinos. The tribes in Minnesota have perpetual compacts with essentially no percentage of revenue remitted to the state. In the three years that I’ve lived in Minnesota, I’ve gotten the impression that folks within state government feel they “missed the boat” on getting a compact fee out of the tribes nd perhaps this expansion of gambling is a way to redeem that perceived missed opportunity.

Judge Orders Repatriation of Jim Thorpe’s Remains under NAGPRA

Judge Caputo (Mid. Dist. Penn.) entered an order granting a complete summary judgment in favor of Bill and Richard Thorpe and the Sac and Fox Nation in the litigation to repatriate the remains of Jim Thorpe pursuant to the Native American Graves Protection and Repatriation Act.

The judge concluded that NAGPRA applies to the remains of Jim Thorpe and to the Borough, and he also ruled that the passage of time between the enactment of NAGPRA and the filing of this case did not prevent a repatriation. This is a very significant ruling under NAGPRA, and it should be helpful to tribes in the future because it addresses and rejects some so-called defenses to NAGPRA that could be used to impede repatriation efforts.

Memorandum Decision

Order

Update w/ materials:

Borough Motion for Summary J

Sac and Fox Nation Motion for Summary J

Borough Response

Sac and Fox Nation Response

News: Cheyenne and Arapaho Tribes reach Internet Gaming Agreement with Oklahoma

Here

Here

Native America Calling

The Federal Bar Association’s 38th Annual Indian Law Conference will be one of the subjects of today’s Native America Calling’s program. It will air at 12:00PM Central and can be accessed here: http://www.nativeamericacalling.com/

Job Posting: Lac Courte Oreilles Law Clerk/Staff Attorney

The Lac Courte Oreilles Band of Ojibwe is looking for a Law Clerk/Staff Attorney. Click here for the job posting.

Sauk County FOIA Lawsuit Against DOI for Ho-Chunk Records

Sauk County has filed a FOIA action in the Western District of Wisconsin federal district court against the Department of the Interior seeking documents associated with a Ho-Chunk Nation fee-to-trust application.

Copy of the complaint here

Federal Lawsuit Against Intrade: Another crackdown on an internet gaming site?

Interesting news story on Commodity Futures Trading Commission’s lawsuit against Intrade here.

Copy of CFTC’s complaint here.

Turtle Talk Poll: Will Congress Pass Internet Gaming Bill by Year End?

LEGAL ETHICS CLE: Ho-Chunk Nation December 14, 2012

Please click here for the flyer.

THE HO-CHUNK NATION TRIAL COURT PRESENTS:

Legal Ethics 2012:
The Challenges of Technology, Social Media and Internet Marketing, Outsourcing, and Supervision

Friday December 14, 2012
Wa Ehi Hoci
W9598 Hwy 54 East
Black River Falls, WI 54615

Presented by Aviva Meridian Kaiser,
Assistant Clinical Professor
University of Wisconsin Law School

This CLE is being offered free of charge!

Program Schedule

8:30 a.m. Registration

9:00 a.m. The Challenges of Technology: The Duties of Competence and Confidentiality
• Protecting Information on Mobile Devices
• Confidentiality Concerns When Sending Emails
• Duties of a Lawyer Who Receives an Inadvertently Sent Email
• Unsolicited Emails: Confidentiality and Conflicts
• Metadata
• Using the Cloud

10:30 a.m. Break

10:45 a.m. Social Media and Internet Marketing: Online Dangers and How to Avoid Them
• Forms of Internet Communication
• Confidentiality
• Spoliation
• Conflicts of Interest
• Communications Concerning a Lawyer’s Service
• Advertising
• Direct Solicitation
• Pretexting and Dissembling

11:45 a.m. Outsourcing and Supervising
• Due Diligence
• Confidentiality
• Service Agreements
• Degree of Supervision

12:15 p.m. Program Concludes

Minnesota debuts lottery sales at gas station pumps and ATM’s

Another example of states beating the feds to the punch on expansion of gaming and potential internet gaming…and increasing competition with Indian gaming.

My favorite quote of the articles covering this:

“It’s a busy world,” said Minnesota Lottery Executive Director Ed Van Petten, “so this is an attempt to reach that person.”

Articles here and here.