Abstract

http://ssrn.com/abstract=1401624
 


 



Negotiating Economic Survival: The Consent Principle and Tribal State Compacts Under the Indian Gaming Regulatory Act


Rebecca A. Tsosie


Arizona State University (ASU) - Sandra Day O'Connor College of Law

1997

Arizona State Law Journal, Vol. 29, 1997

Abstract:     
This article examines the model of negotiated tribal-state compacts, frequently used to resolve conflicts over environmental and water issues, as an application of what Vine Deloria, Jr. has called the "consent principle" the idea that tribes, states, and the federal government use the political arena to negotiate a balance of power among the three sovereigns responsive to their respective needs and authority. Part II explores the historical evolution of the consent principle as it has played out between tribes and state and federal governments. Part III compares the respective success of negotiated agreements and litigation in maintaining tribal sovereignty and treaty rights in the arena of natural resource disputes and then looks at the transfer of this approach to Indian gaming rights. Part IV discusses the tribal interests in economic and political survival triggered by the controversy over the IGRA, examines how the statute's compact provision enforces recognition of competing state interests, and scrutinizes the applicability of alternative dispute resolution strategies for resolving conflicts between tribes and states. Finally, Part V analyzes the use of intergovernmental agreements under principles of federalism and theoretical models of multicultural dialogue such as "treaty constitutionalism" and "treaty federalism".

Number of Pages in PDF File: 72

Keywords: Indian Gaming, sovereignty, natural resources

Accepted Paper Series





Download This Paper

Date posted: May 9, 2009 ; Last revised: June 16, 2011

Suggested Citation

Tsosie, Rebecca A., Negotiating Economic Survival: The Consent Principle and Tribal State Compacts Under the Indian Gaming Regulatory Act (1997). Arizona State Law Journal, Vol. 29, 1997. Available at SSRN: http://ssrn.com/abstract=1401624

Contact Information

Rebecca A. Tsosie (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
480-965-2714 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 636
Downloads: 94
Download Rank: 168,104

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.282 seconds