This is the news report noting that the Ninth Circuit will hear oral argument in this case in April (via Pechanga).
And the rest of the briefs are now in:
This is the news report noting that the Ninth Circuit will hear oral argument in this case in April (via Pechanga).
And the rest of the briefs are now in:
Here.
And here’s the letter:
An excerpt:
Governor Rick Snyder and Attorney General Bill Schuette put their opposition of the proposed Lansing casino in writing Monday. Their letter was addressed to the chairman of the Sault Saint Marie tribe of Chippewa Indians.
For the casino to even become a reality in the first place it needs to be approved by the federal government. The tribe has to ask the U.S. Department of Interior to take the land into trust and make it tribal land, then it would be eligible for gaming.
One issue facing the proposal to build a casino in Lansing is the fact that there are already 3 off-reservation casinos in the state.
The final decision would come from the federal government, but one expert says the opposition from state leaders could make this all a bit more difficult.
“The governor role I think can potentially be huge in that politics is everything when it comes to off reservation gaming,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at MSU.
The letter made public from the governor and attorney general to the Sault St. Marie Chippewa Indian tribe has Fletcher a bit surprised.
“That’s pretty tough…tough talk,” said Fletcher.
In the letter it flatly says they oppose the opening of the casino.
“If this was a different world and the Governor supported this, it would put pressure on the Department of Interior to act quicker. It would make the other tribes back down,” said Fletcher.
Fletcher says the Department of Interior will listen closely to what the governor has to say and his opposition could cause a great delay in moving forward.
“This is a chunk of land that is right in the heart of the state’s capital and certainly the state is going to have say in what happens when that land completely leaves the state’s jurisdiction,” said Fletcher.
Here is the opening brief in Outsource Services Mgmt LLC v. Nooksack Business Corp.:
670506 Appellant Nooksack Business’s
The issue (from the brief):
This Court should reverse for legal errors the denial of the Nooksack Business Corporation’s motion to dismiss Outsource Services Management LLC’s complaint. The trial court erred when it denied the Nooksack Business Corporation’s motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction and failure to state a claim. Reversal is required to preserve the sovereignty of the Tribe under Washington and federal law and this Court’s jurisprudence regarding jurisdiction, and to comply with the Indian Gaming Regulation Act.
Here:
The Honorable Robert Odawi Porter
President
Seneca Nation of Indians, Salamanca, NY
Mr. Kevin K. Washburn
Dean, School of Law Administration
University of New Mexico, Albuquerque, NM
Mr. I. Nelson Rose
Senior Professor
Whittier Law School, Encino, CA
Mr. Alex Skibine
Professor, S.J. Quinney College of Law
University of Utah, Salt Lake City, UT
Mr. Patrick Fleming
Litigation Support Director
Poker Players Alliance, Washington, DC
Mr. Glenn Feldman
Attorney
Mariscal, Weeks, McIntyre & Friedlander, Phoenix, AZ
Here are the materials in McCracken & Amick v. Perdue (N.C. App.):
Previous case involving same parties is posted here.
Here is the link from SSRN, and the abstract:
The recent opinion by the Office of Legal Counsel has created a lot of activity after years of uncertainty about the legality of Internet gaming in the United States. Internet gaming poses a threat of unknown magnitude to brick and mortar casinos, including Indian casinos. Because internet activities are difficult to regulate across state boundaries and national uniformity is likely to be more effective and more efficient than multiple state regulatory structures, Congress should federalize the regulation of Internet gaming. Congress should, however, consider the important role that Indian gaming has had in lifting the socioeconomic status of Indian people and improving the self-governance and self-sufficiency of Indian nations. Congress must insure that Indian tribes have an equal opportunity to be part of the future of Interney gaming.
Here is the GTB’s 2 percent press release:
Here is that order:
Prior relevant orders are here (good faith order — 11/22/2010) and here (mediator’s order selecting compact).
Here are the materials in the denial of Columbe’s motions for reconsideration and to hold a trial for a permanent injunction (prior post here, with opinion dismissing plaintiff’s claims):
Columbe Motion for Reconsideration
RST Opposition to Motion for Reconsideration
Columbe Motion for Permanent Injunction
RST Opposition to Motion for Permanent Injunction
DCT Order Denying Motion for Reconsideration
Earliest post here.
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