Here:
Coeur d’Alene Tribe Opening Brief
Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):
Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):
35 DCT Order Staying Proceedings
An excerpt:
The Court has before it Defendant Coeur d’Alene Tribe’s Motion to Dismiss (Dkt. 15) and Plaintiff the State of Idaho’s Motion for a Temporary Restraining Order and for a Preliminary Injunction (Dkts. 3, 4). The Court previously stayed this lawsuit based on the Tribe’s argument that the parties had agreed to arbitrate this dispute. See June 23, 2014 Order, Dkt. 35. Afterward, the Tribe changed its mind and decided it would prefer to litigate. The Court will therefore address the pending motions. For the reasons expressed below, the Court will deny the Tribe’s motion to dismiss and grant the State’s motion for injunctive relief.
Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):
Prior briefs here.
Here are the materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):
15-1 Coeur d’Alene Tribe Motion to Dismiss
16 Coeur d’Alene Opposition to Motion for TRO
20 Shoshone-Bannock Motion to File Amicus Brief
28 DCT Order Granting Motion to File Amicus Brief
Here’s a new article in the Georgetown Law Journal asking whether poker is a game of chance or skill, with implications on the enforcement of the Unlawful Internet Gambling Enforcement Act. Here is the abstract:
In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the “dominant factor” in the game. We argue that courts’ conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and luck, and we test these predictions against a unique data set of thousands of hands of Texas Hold ‘Em poker played for sizable stakes online before the passage of the UIGEA. The results of each test indicate that skill is an important influence in determining outcomes in poker. Our tests provide a better framework for how courts should analyze the importance of skill in games, and our results suggest that courts should reconsider the legal status of poker.
View .pdf for full Article.
Now we’ll have to fend off the online gaming spammers inundating our comments….