MAIBA / MINNCLE 2014 Indian Law Conference

The Minnesota American Indian Bar Association and Minnesota CLE are sponsoring the 2014 Indian Law Conference on Friday, May 2, 2014.

The conference will take place at Mystic Lake Casino located on the lands of the Shakopee Mdewakanton Sioux Community. Assistant Secretary for Indian Affairs Kevin Washburn is scheduled to speak. A complete agenda can be round here: MAIBA 2014 Indian Law CLE

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