gaming – Page 77 – Turtle Talk

FMLA Claim against Viejas Enterprises Dismissed

July 29, 2011Matthew L.M. Fletcher

Here are the materials in Morrison v. Viejas Enterprises (S.D. Cal.):

DCT Order Dismissing Morrison Complaint

Viejas Motion to Dismiss

Morrison Response

Viejas Reply

Sens. McCain and Kyl Introduce Bill to Reinstate the so-called “Artman Guidance”

July 28, 2011Matthew L.M. Fletcher2 Comments

Here is the text of S. 1424:

CEL11662.

It’s a bill:

To clarify the responsibilities of the Secretary of the Interior in making a determination whether to take off-reservation land into trust for gaming purposes.

The crux of the bill is the “reasonable commuting standard.”

New Scholarship on Indian Gaming and Bankruptcy

July 21, 2011Matthew L.M. Fletcher

Emir Aly Crowne (né Mohammed), Andrew Black, and S. Alex Constantin have posted Not Out of the (Fox)Woods Yet: Indian Gaming and the Bankruptcy Code on SSRN. It has been published in the UNLV Gaming Law Journal.

Here is the abstract:

Does tribunal sovereignty trump federal bankruptcy law? This is the basic question we explore in this article. We will argue that where a tribal corporate entity voluntarily enters into a business contract with non-tribal investors, it must be made subject not only to the relevant rules and regulations, but also to the terms of the agreements it undertakes. Being commercially participatory entails being commercially responsible. It means paying liabilities where and as they become due in accordance with law and the principles of equity.