Here.
New Bay Mills Chair Supports Off Reservation Gaming Efforts
Here.
IGRA
Class Action against High Stakes Bingo Machine Manufacturers Dismissed under Rule 19
This dispute arises from the Poarch Band’s high stakes bingo operations. Poarch Band was not named.
The case is Hardy v. IGT (M.D. Ala.):
Multimedia Games Motion to Dismiss
Brian Lewis’ article on DOI regulations under IGRA published in Thomas M. Cooley Journal of Practical and Clinical Law
The article is called “A Day Late and a Dollar Short: Section 2719 of the Indian Gaming Regulatory Act, the Interpretation of its Exceptions and the Part 292 Regulations,” 12 T.M. Cooley J. Prac. & Clinical L. 147 (2010), and concerns regulations about which lands tribes may operate casinos on. Here’s a one paragraph excerpt from the Introduction:
“The DOI’s Regulations, which impose added burdens on tribes and narrow the exceptions, impair the settled expectations of tribes and businesses. Moreover, this impairment may persist because the Supreme Court’s holding in Nat’l Cable & Telecomms. Ass’n v. Brand X Internet Servs., requires courts to defer to agencies, despite having been the first to interpret and define statutes. However, because of the difference of circumstances, unlike in Brand X, the DOI’s interpretations should not be deferred to. Chevron deference, as applied in Brand X, may unconstitutionally reallocate authority from Article III to Article II. Lastly, the discipline of law and economics tells us that the Regulations’ changes and the majority’s opinion in Brand X promulgates an inefficient legal rule that may be-and should be-changed.”
More Holiday Reading: Federal Court Grants Big Lagoon Rancheria’s Motion for Summary Judgment
Arizona State Law Journal IGRA Symposium Issue
The Arizona State Law Journal’s IGRA Symposium Issue is out. Volume 42 has 7 articles about IGRA. The articles are not yet available on their website, but here are the titles and the authors. Some of the articles are available on this site via SSRN.
Virginia W. Boylan, Reflections on IGRA 20 Years After Enactment, 42 Arizona State Law Journal 1 (Spring 2010)
Robert N. Clinton, Enactment of the Indian Gaming Regulatory Act of 1988: The Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty?, 42 Arizona State Law Journal 17
Franklin Ducheneaux, The Indian Gaming Regulatory Act: Background and Legislative History, 42 Arizona State Law Journal 99
Kevin Washburn, Kevin Gover, Tom Gede, The States as Trespassers in a Federal-Tribal Relationship: A Historical Critique Tribal-State Compacting Under IGRA, 42 Arizona State Law Journal 185
G. William Rice, Some Thoughts on the Future of Indian Gaming, 42 Arizona State Law Journal 219
Alexander Tallchief Skibine, Indian Gaming and Cooperative Federalism, 42 Arizona State Law Journal 253
Kevin Washburn, Agency Conflict and Culture: Federal Implementation of the Indian Gaming Regulatory Act by the National Indian Gaming Commission, The Bureau of Indian Affairs, and the Department of Justice, 42 Arizona State Law Journal 303
Turtle Talk 