State of Michigan Amends Complaint against Bay Mills to Add Tribal Elected Officials and Gaming Commissioners

Here are the materials:

2011-07-15 Amended Complaint

2011-07-15 Brief in Support ofMnt to Amend Complaint, Join Parties

response of bmic on motion to amend complaint

New Scholarship on Gambling Addiction Confounds Expectations — Gambling Addiction Remains Steady as Gaming Opportunities Increase

Here is a blog post about the article. And an excerpt:

In the traditional view, pathological gambling was a matter of exposure to the proper stimuli—it could happen to anyone. But as more and more gambling outlets and opportunities bloomed in Nevada, on reservations and riverboats, and in convenience stores, that view began to fall out of favor, because a funny thing happened. According to Shaffer and Martin, the prevalence of pathological gambling has remained stable over the past 35 years, even as opportunities to gamble have exploded. The lifetime prevalence rate of pathological gambling in the U.S. in the mid-1970s was 0.7%, say the authors, and by 2005, U.S. lifetime rates had actually fallen slightly, to 0.6% or less. Where was the concomitant explosion in the number of pathological gamblers? 

And here is a link to the abstract:

Gambling-related research has advanced rapidly during the past 20 years. As a result of expanding interest in pathological gambling (PG), stakeholders (e.g., clinicians, regulators, and policy makers) have a better understanding of excessive gambling, including its etiology (e.g., neurobiological/neurogenetic, psychological, and sociological factors) and trajectory (e.g., initiation, course, and adaptation to gambling exposure). In this article, we examine these advances in PG-related research and then consider some of the clinical implications of these advances. We consider criteria changes for PG recently proposed by the DSM-V Impulse Control Work Group for the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V). We also review how clinicians can more accurately and efficiently diagnose clients seeking help for gambling-related problems by utilizing brief screens. Finally, we consider the importance of future research that can identify behavioral markers for PG. We suggest that identifying these markers will allow clinicians to make earlier diagnoses, recommend targeted treatments, and advance secondary prevention efforts.

Ho-Chunk Trial Court Issues Default Judgment against Former Nonmember Casino Employee

Here is the opinion in Ho-Chunk Nation v. Koenig.

The defendant, along with another former casino employee, incorrectly distributed over $1300 to a casino patron, and now owes HCN over $600.

Written Testimony in SCIA Hearing on Indian Gaming Regulation

Here is the witness list, with links to the written testimony:

Panel #  1

The Honorable Tracie Stevens
Chairwoman
National Indian Gaming Commission, Washington, DC

Written Testimony

Panel #  2

Mr. Ernest L. Stevens
Chairman
National Indian Gaming Association, Washington, DC

Written Testimony

Mr. Jamie Hummingbird
Chairperson
National Tribal Gaming, Commissioners/Regulators, Tahlequah, OK

Written Testimony

Panel #  3

Mr. J. Kurt Luger
Executive Director
Great Plains Indian Gaming Association, Bismarck, ND

Written Testimony

Mr. Sheila Morago
Executive Director
Oklahoma Indian Gaming Association, Oklahoma City, OK

Written Testimony

Mr. John Meskill
Executive Director
Mohegan Tribal Gaming Commission, the Mohegan Tribe, Uncasville, CT

Written Testimony

Wyandotte Nation v. Salazar: Off-Reservation Gaming Application Complaint

Here (as reported in Indianz):

Wyandottte Nation v. Salazar Complaint

Ho-Chunk Nation Trial Court Grants One and Denies One Petition to Access Gaming Per Cap Trust Fund

Here is the opinion granting a petition, In the Interest of Adult CTF Beneficiary: Joan M. Frank, DOB 03/27/1990 v. HCN Office of Tribal Enrollment, and here is the one denying a petition, In the Interest of Adult CTF Beneficiary: Tasha Hand, DOB 08/07/1988 v. HCN Office of Tribal Enrollment.

FMLA Claim against Viejas Enterprises Dismissed

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”

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

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.

Opening Brief in Okla. SCT Case — 1st to Address Federal Injunction against State Court Assertion of Jurisdiction over Tribal Casinos

Here is the opening brief in Sheffer v. Buffalo Run Casino:

Sheffer Opening Brief.