IGRA – Page 34 – Turtle Talk

Idaho Supreme Court to hear arguments today in instant racing case

August 11, 2015August 11, 2015Andrew Adams III

Click here.

New Scholarship on the Economic Impact of IGRA

August 7, 2015Matthew L.M. Fletcher

Randall K. Q. Akee, Katherine A. Spilde, and Jonathan B. Taylor have published “The Indian Gaming Regulatory Act and Its Effects on American Indian Economic Development” in the Journal of Economic Perspectives.

Here is the abstract:

The Indian Gaming Regulatory Act (IGRA), passed by the US Congress in 1988, was a watershed in the history of policymaking directed toward reservation-resident American Indians. IGRA set the stage for tribal government-owned gaming facilities. It also shaped how this new industry would develop and how tribal governments would invest gaming revenues. Since then, Indian gaming has approached commercial, state-licensed gaming in total revenues. Gaming operations have had a far-reaching and transformative effect on American Indian reservations and their economies. Specifically, Indian gaming has allowed marked improvements in several important dimensions of reservation life. For the first time, some tribal governments have moved to fiscal independence. Native nations have invested gaming revenues in their economies and societies, often with dramatic effect.

PDF.

Another Update in Cosentino v. Fuller Depublication Request

August 4, 2015Matthew L.M. Fletcher1 Comment

Here:

Defendants’ Request for Depublication

Oppo to Viejas Band’s Depub Request

Opposition to Request of Defendants to Depublish

Opposition to Request of Group of 13

Prior depublication-related posts here and here.

Cal. COA opinion here.

Oklahoma v. Hobia Cert Stage Briefing Complete

July 31, 2015Matthew L.M. Fletcher

Here:

Petition for a Writ of Certiorari

Hobia Cert Opp

Oklahoma Reply

Lower court materials here.

Wisconsin v. Ho-Chunk Nation Cert Petition re: e-Poker

July 31, 2015Matthew L.M. Fletcher2 Comments

Here:

Wisconsin v. Ho-Chunk Nation Cert Petition

Question presented:

The Indian Gaming Regulatory Act (IGRA) defines authorized Indian gaming as Class I, Class II, or Class III. 25 U.S.C. § 2703. Unlike Class III gaming, Class II is not subject to tribal-state gaming compacts. 25 U.S.C. § 2710. Class II gaming includes card games that “are not explicitly prohibited by the laws of the State.” 25 U.S.C. § 2703(7)(A)(ii)(II). Wisconsin’s Constitution prohibits the state legislature from authorizing any form of gambling, including poker. See Wis. Const., art. IV, § 24(1).

Prior to Congress enacting IGRA, the Court held that a state cannot enforce its gambling laws on Indian land when its policy toward gambling is civil and regulatory, rather than criminal and prohibitory. California v. Cabazon Band of Mission Indians,480 U.S. 202, 210 (1987). Here, the Seventh Circuit applied Cabazon to interpret IGRA. It concluded that the electronic poker offered by the Ho-Chunk Nation is Class II, not Class III, when Wisconsin’s policy toward gambling and poker is regulatory, rather than prohibitory. Under this approach, the Nation can offer e-poker in Madison, Wisconsin despite the parties’ compact, which does not authorize Class III gaming in Madison.

The question presented is:

Whether Cabazon’s “regulatory/prohibitory” test that pre-dates IGRA applies to determine whether a game is Class II or Class III gaming under IGRA?

Lower court materials here.

Ninth Circuit Rules in Favor of Idaho in Texas Hold ‘Em Dispute with Coeur d’Alene Tribe

July 22, 2015Matthew L.M. Fletcher

here is the opinion.

Briefs here.

Pueblo of Pojoaque v. State of New Mexico Good Faith Negotiations Complaint

July 20, 2015Matthew L.M. Fletcher1 Comment

Here:

1 Complaint

An excerpt:

The Pueblo and the State previously negotiated a Class III gaming compact that expired on June 30, 2015. The Pueblo formally requested that the State enter into a compact regarding the Pueblo’s Class III gaming activities on its Indian lands beyond the expiration of the current compact. More than 180 days have expired since the Pueblo made its initial request. Accordingly, the Pueblo now seeks a determination by this Court that the State has failed to conclude negotiations in good faith. With that determination, the Court has jurisdiction to invoke IGRA’s remedies that will result in a negotiated compact, or submission of last best offers to a mediator (“baseball arbitration”), and/or procedures promulgated by the Secretary of the Interior to govern the Pueblo’s Class III gaming activities.