gaming
Chukchansi v. NIGC Complaint
Here is the complaint in Picayune Rancheria of Chukchansi Indians v. Stevens (D. D.C.):
An excerpt:
This is a civil action against the United States National Indian Gaming Commission and its officials (collectively, the “Chairwoman,” the “Commission,” the “NIGC,” or “Defendants”) under the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq., and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551, et seq. and 701, et seq., seeking mandamus and related relief compelling the Commission to comply with its statutory duty to approve and publish gaming ordinance amendments submitted by the Picayune Rancheria of the Chukchansi Indians (“Tribe”).
“Is Texas Hold ‘Em a Game of Chance?”: Georgetown Law Journal
Here’s a new article in the Georgetown Law Journal asking whether poker is a game of chance or skill, with implications on the enforcement of the Unlawful Internet Gambling Enforcement Act. Here is the abstract:
In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the “dominant factor” in the game. We argue that courts’ conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and luck, and we test these predictions against a unique data set of thousands of hands of Texas Hold ‘Em poker played for sizable stakes online before the passage of the UIGEA. The results of each test indicate that skill is an important influence in determining outcomes in poker. Our tests provide a better framework for how courts should analyze the importance of skill in games, and our results suggest that courts should reconsider the legal status of poker.
View .pdf for full Article.
Now we’ll have to fend off the online gaming spammers inundating our comments….
New Scholarship on Allowing Tribes to Declare Bankruptcy
Here is a new student article, “Shooting Craps: How Denying Tribal Casinos Bankruptcy Relief Ensures that Everyone Loses and a New Rule to Provide Potential Chapter 11 Relief,” available on SSRN. It will be published in the Temple Law Review.
Here is the abstract:
In August 2012, the Bankruptcy Court for the Southern District of California dismissed a Chapter 11 petition filed by the Santa Ysabel Resort and Casino finding that the casino was an ineligible debtor under the Bankruptcy Code. This Essay critiques the decision of the Bankruptcy Court and suggests that tribal casinos should not be summarily excluded from filing for bankruptcy. This is because the federal Indian Gaming and Regulatory Act dictates the corporate form of Indian casinos but potentially excludes them as eligible debtors.
Instead, this Essay proposes a new rule that courts should use when evaluating Tribal Casinos as semi-sovereign entities in Chapter 11 proceedings. Ultimately, this rule would allow certain tribal casinos to avail themselves of bankruptcy protection while still complying with federal law.
Saginaw Chippewa and Nottawaseppi Huron Potawatomi Chairs Op/Ed on Lansing Casino
Here.
Pauma Band Largely Prevails in Gaming Compact Suit against California
Here are the materials in Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. State of California (S.D. Cal.):
NIGC General Counsel Confirms Legality of Poarch Band Casino Operations
Mass. Gov. Patrick and Mashpee Wampanoag Chairman Cromwell Sign Gaming Compact
Contacts:
Mashpee Wampanoag Tribe: Brooke Scannell – 617-922-0094
Office of Governor Deval L. Patrick: Heather Johnson, Bonnie McGilpin, Juli Hanscom – 617-725-4025
GOVERNOR PATRICK AND CHAIRMAN CROMWELL SIGN GAMING COMPACT BETWEEN COMMONWEALTH AND MASHPEE WAMPANOAG TRIBE
BOSTON- Wednesday, March 20, 2013 – Governor Deval Patrick and Chairman Cedric Cromwell today announced that a new gaming Compact between the Commonwealth and the Mashpee Wampanoag Tribe has been signed and will now be sent to the Legislature for approval. This Compact paves the way for a resort-style casino in Region C in the southeast of Massachusetts, created by the Expanded Gaming Act signed by Governor Patrick in 2011. Continue reading
N.C. Appellate Court Affirms Dismissal of Tort Suit against EBCI
We previously posted an earlier appeal of this case to the state appellate system here. The Eastern Band tribal court had jurisdiction all along.
Here are the materials in Cardeon v. Owle Constr. II:
National Labor Relatons Board ALJ Finds Multiple NLRA Violations at Lytton Rancheria Casino
Here is the opinion in Lytton Rancheria of California d/b/a Casina San Pablo:
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