Lost in the Shuffle: State-Recognized Tribes and the Tribal Gaming Industry
University of California, Berkeley - School of Law; University of San Francisco
University of San Francisco Law Review, 2006
This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state law.
Keywords: indian, gaming, equal protection, federal preemption, tribes
JEL Classification: K1Accepted Paper Series
Date posted: February 10, 2006
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