Abstract

http://ssrn.com/abstract=878608
 
 

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Lost in the Shuffle: State-Recognized Tribes and the Tribal Gaming Industry


Alexa Koenig


University of California, Berkeley - School of Law; University of San Francisco

Jonathan Stein


Gabrielino-Tongva Tribe


University of San Francisco Law Review, 2006

Abstract:     
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.

Number of Pages in PDF File: 60

Keywords: indian, gaming, equal protection, federal preemption, tribes

JEL Classification: K1

Accepted Paper Series


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Date posted: February 10, 2006  

Suggested Citation

Koenig, Alexa and Stein, Jonathan, Lost in the Shuffle: State-Recognized Tribes and the Tribal Gaming Industry. University of San Francisco Law Review, 2006. Available at SSRN: http://ssrn.com/abstract=878608

Contact Information

Alexa Koenig (Contact Author)
University of California, Berkeley - School of Law ( email )
215 Boalt Hall
Berkeley, CA 94720-7200
United States
University of San Francisco ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
Jonathan Stein
Gabrielino-Tongva Tribe ( email )
501 Santa Monica Blvd, Ste. 500
Santa Monica, CA 90401-2490
United States
310-587-2203 (Phone)
310-587-2281 (Fax)
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