djvu Indian Gaming Regulatory Act: Volume 2
por LandMark Publications
Descrição do livro
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Indian Gaming Regulatory Act. Volume 2 of the casebook covers the Ninth, Tenth and Eleventh Circuit Courts of Appeals.
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Under IGRA, a certain class of gaming, [ ] is "lawful on Native American lands only if such activities are conducted pursuant to a Tribal-State Compact entered into by the tribe and a state that permits such gaming, and the Compact is approved by the Secretary of the Interior," see Pauma Band, 813 F.3d. at 1160; see 25 U.S.C. § 2710(d). IGRA provides in relevant part that "[a]ny Tribal-State compact... may include provisions relating to... the application of the criminal and civil laws and regulations of the Indian tribe or the State that are directly related to, and necessary for, the licensing and regulation of such activity." 25 U.S.C. § 2710(d)(3)(C). Through this compact system, IGRA constitutes "an example of 'cooperative federalism' in that it seeks to balance the competing sovereign interests of the federal government, state governments, and Indian tribes, by giving each a role in the regulatory scheme." Artichoke Joe's Cal. Grand Casino v. Norton, 353 F.3d 712, 715 (9th Cir. 2003) (internal quotation marks omitted).
At the same time, IGRA "does not... immunize the operation of Indian commercial gaming enterprises from the application of other generally applicable congressional statutes." NLRB v. Little River Band of Ottawa Indians Tribal Gov't, 788 F.3d 537, 553 (6th Cir. 2015). [. . .]
Pauma v. NLRB, 888 F. 3d 1066 (9th Cir. 2018)
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