Some Thoughts on the Future of Indian Gaming
Arizona State University Law Journal, Vol. 42, No. 1, p. 219, Spring 2010
University of Tulsa Legal Studies Research Paper No. 2010-02
36 Pages Posted: 25 Jul 2010 Last revised: 5 May 2011
Date Written: 2010
Abstract
In surveying the historical development of Indian gaming, it is apparent that several pre-IGRA legal principles had a significant impact upon the development of the Indian Gaming Regulatory Act (IGRA) and the relevant caselaw. Since the enactment of the IGRA in 1988, litigation in the federal appellate courts, has resulted in sufficient decisional law to be instructive in its interpretation, and to prognosticate the future to some degree. In addition to historical and developmental issues, primary areas of litigation have included: 1. Management contracts, and issues relating to their approval, enforcement, and cancellation. 2. Game classification issues in class II (bingo and related games) and class III Indian gaming (generally thought of as casino games). 3. Tribal-State compacting regarding class III Indian gaming establishments, and the interplay between the compacting process and the game classification process. 4. The reacquisition of land by Indian tribes, and the eligibility of such lands for gaming purposes pursuant to IGRA. Given an understanding of the issues raised by the case law in these areas, and related litigation, additional issues may be identified which may be litigated or otherwise determined in the future. This enables one to identify certain policy issues which should be considered by the National Indian Gaming Commission, Congress, the Tribes, and States in the future.
Keywords: Indian, Gaming, IGRA, NIGC, Tribal-State Compacts
Suggested Citation: Suggested Citation