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Not Out of the (Fox)Woods Yet: Indian Gaming and the Bankruptcy Code

University of Nevada Las Vegas Gaming Law Journal, Vol. 2, No. 1, p. 25, Spring 2011

24 Pages Posted: 21 Jul 2011  

Emir Crowne

University of the West Indies (Mona)

Andrew Black

affiliation not provided to SSRN

S. Alex Constantin

affiliation not provided to SSRN

Date Written: May 20, 2011

Abstract

Does tribunal sovereignty trump federal bankruptcy law? This is the basic question we explore in this article. We will argue that where a tribal corporate entity voluntarily enters into a business contract with non-tribal investors, it must be made subject not only to the relevant rules and regulations, but also to the terms of the agreements it undertakes. Being commercially participatory entails being commercially responsible. It means paying liabilities where and as they become due in accordance with law and the principles of equity.

Keywords: tribal, native, Indian, indigenous, aboriginal, gaming, gambling, bankruptcy, sovereignty

Suggested Citation

Crowne, Emir and Black, Andrew and Constantin, S. Alex, Not Out of the (Fox)Woods Yet: Indian Gaming and the Bankruptcy Code (May 20, 2011). University of Nevada Las Vegas Gaming Law Journal, Vol. 2, No. 1, p. 25, Spring 2011 . Available at SSRN: https://ssrn.com/abstract=1890676

Emir Crowne (Contact Author)

University of the West Indies (Mona) ( email )

Faculty of Law
1-3 West Road
Kingston, 7
Jamaica

Andrew Black

affiliation not provided to SSRN ( email )

Serban Alex Constantin

affiliation not provided to SSRN ( email )

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