gaming

Federal Lawyer Articles on Indian Law

Matthew L.M. Fletcher

The March/April 2008 issue of the Federal Lawyer featured several articles on Indian law.

Zeke Fletcher on the legacy of Martinez, Wheeler, and Oliphant: trappedinthespringof1978

Casey Douma on the Indian Civil Rights Act: 40thanniversaryoficra

Mike McBride and Susan Huntsman on tribal labor relations: organizedlaborstrategiesforindiangaming

Goodman and Maxfield on the NIGC’s gaming management contracting: isthatyourfinalanswergoodmanmaxfield

Matthew Fletcher on the Supreme Court and the rule of law: supremecourtandtheruleoflaw

Gun Lake Band Compact as Model for Future Michigan Compacts

Matthew L.M. Fletcher

From Mlive:

The Gun Lake Tribe’s compact may be a model for agreements to be renegotiated in the next four to five years, according to James Hill, professor at Central Michigan University.

The compact is different from earlier agreements in three major ways. The tribe agreed to share revenue on an increasing scale, beginning with eight percent and rising to 12 percent of slot machine revenues, calculated on gross revenues. As the tribe makes more, it pays the state a higher percentage.

That might be the wave of the future, Hill said.

Another difference is the size of the exclusivity zone. instead of the whole state, the Gun Lake Tribe agreed to nine counties surrounding its Wayland casino.

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Commentary on Class Gaming Regulations

Matthew L.M. Fletcher

“Update on Proposed Class II Gaming Regulations,” DesRosiers, Knudson & McBride, INDIAN GAMING magazine 34-42 (April 2008)

update-on-proposed-class-ii-gaming-regs

Editorial on Penn. Supreme Court re: Casino Regulation

Matthew L.M. Fletcher

From the Philadelphia Inquirer:

Whenever casino owners go before the Pennsylvania Supreme Court, it would be easier if Chief Justice Ronald D. Castille kept a rubber stamp handy that said “APPROVED.”

That would save time, trouble and the pretense of impartiality, since the outcome of casino cases before the high court have been a foregone conclusion. Whatever the casino owners need, Castille and his robed colleagues are there to please.

Last week, the court swept aside Philadelphia’s authority to oversee details involving the Foxwoods project on the Delaware River in South Philadelphia [Philadelphia Entertainment and Development Partners v. Phila. City Council, majority opinion, concurring opinion]. Talk about a one-stop approval process. Who knew Castille & Co. were also planning, traffic, safety and zoning experts?

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Tribal Amicus Brief Supporting Kickapoo v. Texas Cert Petition

Matthew L.M. Fletcher2 Comments

Several tribes — Jena Band of Choctaw Indians, Alabama-Coushatta Tribe of Texas, Citizen Potawatomi Nation, Coquille Indian Tribe, Rincon Band of Luiseno Indians, Shoalwater Bay Indian Tribe, Spokane Tribe of Indians, Standing Rock Sioux Tribe — filed a joint amicus brief supporting the Kickapoo Tribe’s cert petition over the Secretarial procedures for establishing Class III gaming compacts, a rule struck down by the Fifth Circuit a few months ago. Here is the Tribal Amicus Brief. Here is the link to the Kickapoo cert petition. The State’s cert opposition is due later this month.

It is significant, of course, that the United States did not file a cert petition.

News Coverage of BMIC/Sault Tribe Off-Rez Gaming Bills

Matthew L.M. Fletcher

From the Detroit Free Press:

WASHINGTON – The House Judiciary Committee is set to work on a couple of bills on Wednesday that would allow for two new Indian casinos in Michigan – even though another committee has already approved them.

It could set up an interesting jurisdictional question for the House.
A couple months ago, the Natural Resources Committee voted overwhelmingly in favor of the two pieces of legislation, which would authorize land swaps with two tribes, resulting in new casinos in Romulus and Port Huron. That vote was expected to send the bills to the House floor.

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Mohegan Sun Expansion to Use Union Labor

Matthew L.M. Fletcher

From Indianz:

The Mohegan Tribe of Connecticut has agreed to use union labor for the $1 billion expansion of the Mohegan Sun Casino.

The tribe and the New London-Norwich Building and Construction Trades Council came to a project labor agreement. It’s the first formal deal of its kind, The Hartford Courant reported. The union has agreed to respect tribal law and sovereignty. The union recently opposed a bill that would have forced tribal casinos to ban smoking wherever liquor is served. The tribe is adding a hotel tower, more gaming space, a House of Blues music hall, shopping, and bars and restaurants to the casino.

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Coverage of Keno Settlement

Matthew L.M. Fletcher

From Crain’s Detroit Business:

LANSING — State economic-development officials are cheering the settlement of a long-running legal dispute and renewal of a key revenue stream to the state.

Gov. Jennifer Granholm, the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians on Friday announced the resolution of a federal lawsuit that involved the tribes’ obligation to share casino revenue with the state.

The tribes had halted payments in 2004. But under the settlement, tribal revenue-sharing will resume and the state will also receive about $26 million in previous payments that the tribes had put into escrow.

It’s good news to the Michigan Economic Development Corp., where tribal casino money pays for a variety of MEDC activities and nearly a third of MEDC employees’ salaries and benefits.

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Foxwoods Appeal Filed

Matthew L.M. Fletcher

Here is the appeal document.

Parks v. Tulalip — Sovereign Immunity of Tribal Casino

Matthew L.M. Fletcher1 Comment

Here are the materials in Parks v. Tulalip Resort Casino, in which the district court for the Western District of Washington dismissed a tort claim against the casino on the grounds of sovereign immunity.

Tulalip Motion to Dismiss

Parks Opposition to Motion to Dismiss

DCT Order to Show Cause

Parks Response to Order to Show Cause

DCT Order Dismissing Claim