60 Pages Posted: 10 Feb 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: K1
Suggested Citation: 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: https://ssrn.com/abstract=878608