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Author: Ralph A. Rossum
Publisher: University Press of Kansas
ISBN: 0700617787
Category : Law
Languages : en
Pages : 224
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Book Description
When the Cabazon Band of Mission Indians-a small tribe of only 25 members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians, the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.
Author: Ralph A. Rossum
Publisher: University Press of Kansas
ISBN: 0700617787
Category : Law
Languages : en
Pages : 224
Get Book Here
Book Description
When the Cabazon Band of Mission Indians-a small tribe of only 25 members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians, the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.
Author: Steven Andrew Light
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 396
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Book Description
Examines Indian gaming in detail: what it is, how it became on of the most politically charged phenomena for tribes and states today, and the legal and political compromises that shape its present and will determine its future.
Author: Ralph A. Rossum
Publisher:
ISBN: 9780700617777
Category : Games & Activities
Languages : en
Pages : 0
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Book Description
Covers the history of the California v. Cabazon Band of Mission Indians Supreme Court case and the impact the decision had on the tribal gaming business.
Author: KATHRYN R. L. RAND
Publisher:
ISBN: 9781531009793
Category :
Languages : en
Pages : 668
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Book Description
Author: Matthew L.M. Fletcher
Publisher: Aspen Publishing
ISBN: 1543817432
Category : Law
Languages : en
Pages : 1188
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Book Description
Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes.American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship
Author: Jessica Cattelino
Publisher: Duke University Press
ISBN: 0822391309
Category : Social Science
Languages : en
Pages : 312
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Book Description
In 1979, Florida Seminoles opened the first tribally operated high-stakes bingo hall in North America. At the time, their annual budget stood at less than $2 million. By 2006, net income from gaming had surpassed $600 million. This dramatic shift from poverty to relative economic security has created tangible benefits for tribal citizens, including employment, universal health insurance, and social services. Renewed political self-governance and economic strength have reversed decades of U.S. settler-state control. At the same time, gaming has brought new dilemmas to reservation communities and triggered outside accusations that Seminoles are sacrificing their culture by embracing capitalism. In High Stakes, Jessica R. Cattelino tells the story of Seminoles’ complex efforts to maintain politically and culturally distinct values in a time of new prosperity. Cattelino presents a vivid ethnographic account of the history and consequences of Seminole gaming. Drawing on research conducted with tribal permission, she describes casino operations, chronicles the everyday life and history of the Seminole Tribe, and shares the insights of individual Seminoles. At the same time, she unravels the complex connections among cultural difference, economic power, and political rights. Through analyses of Seminole housing, museum and language programs, legal disputes, and everyday activities, she shows how Seminoles use gaming revenue to enact their sovereignty. They do so in part, she argues, through relations of interdependency with others. High Stakes compels rethinking of the conditions of indigeneity, the power of money, and the meaning of sovereignty.
Author: Felix S. Cohen
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 700
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 78
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Book Description
Author: Karen J. Atkinson
Publisher:
ISBN: 9780692057650
Category : Indian business enterprises
Languages : en
Pages :
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Book Description
A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
Author: Bryan H. Wildenthal
Publisher: Bloomsbury Publishing USA
ISBN: 1576076253
Category : Social Science
Languages : en
Pages : 376
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Book Description
A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s, to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in depth review of essential legal issues makes even the most difficult and complex judicial doctrines easy to understand by students and nonlawyers. This concise volume tracing the evolution of Native American sovereignty will supplement coursework in law, political science, U.S. history, and American Indian studies.
