Case Law
Name the case where the Supreme Court ruled that congress did not have the power to allow a tribe to sue a state without the state's consent
Seminole Tribe v. Florida (1996), pp 196, 199
Why can't gambling be criminally persecuted under the IGRA?
It is not defined as "gambling" so long as it follows the regulations of the IGRA.
Describe the IGRA in it's most basic form
A U.S. Federal Statute regulating Indian Gaming
Name two methods in which a tribe may be federally recognized.
- Treaty
-Statute
-Executive/administrative Order
- Longstanding Practice of Treating the tribe as a political entity
pp 184
T/F There is some form of gambling available in 9/10 provinces
False: some form of gambling is available in each of the 10 provinces
The amendment that was at issue in the Seminole Case and why
The 11th Amendment and it was at issue to decide whether or not States may be sued without their consent. pp 193, 200
Describe a class I, II, and III game as defined under the IGRA
I - low stakes social, ceremonial, games entirely controlled within the tribe
II - bingo, pull tabs, non-banking card games such as poker
III - everything else, slot machines, lotteries, parimutuel wagers and casino table games, roulette, black jack, etc.
The class of gaming as defined by the IGRA most commonly regulated by the NIGC
What is class II.
The name of the Minnesota Tribe involved in a suit over casino ownership rights against the city of Duluth in Chapter 9 of our reading.
Gambling in Canada was originally entirely regulated under what code of Canada?
Federal Criminal Code of Canada
Name one of the two cases where the Court held that since states generally allowed bingo games, tribal bingo gaming did not violate public policy and therefore was outside the scope of authority.
What is either Seminole Tribe v. Butterworth or Barona Group v. Duffy
pp. 181
Describe the difference between a one-daub and a two-daub bingo machine.
What is a two-daub bingo machine requires the player to press the button again once they identify a winning combination and a one-daub machine will automatically identify a winning combination, similar to a slot machine.
Name at least 2 policy goals expressed in the IGRA
- Economic development
- Self sufficiency
- Strong Tribal Governments
- Establishing independent Federal authority and standards
- Ensure that tribes are the primary beneficiary of tribal casinos
- Promote fair and honest gaming
He said "admonition that could it not be contrived to send the smallpox among those disaffected tribes of Indians"?
Who is General Amherst.
pp 179
The Berube v. Rational Entertainment Ltd. case involved what offshore gambling company?
Pokerstars
Give the conclusion and reasoning to California v. Cabazon Band of Mission Indians.
Reasoning -
Since California permits a substantial amount of gambling activity, including bingo, and actually promotes gambling through its state lottery, we must conclude that California regulates rather than prohibits gambling in general and bingo in particular.
pp. 192
Name a type of game that was commonly played among tribes before 1988
What are bingo or cards
DOUBLE JEOPARDY!
The requirement that differentiates a class III and a class II or I game.
What is the requirement that the tribe enter a compact with the State.
Describe the 2 part test permitting gaming on "after acquired" lands.
1. The Secretary of Interior must certify that gaming on after acquired land would be in the best interest of the tribe and community
2. The state Governor agreed to the acquisition
pp184
Name two types of the 4 types of gambling in Canada in 1985
paper lottery tickets, low-stakes bingo, race tracks, and small casinos run by charities
Name two potential claims that either a state or a tribe could bring to court over a class III gaming compact.
- Tribe can bring for a state's bad faith in negotiation
- State Secretary of Interior or the tribe can bring a claim for enforcing the compact terms
- Either party may bring a claim for injunction to stop a class III game in violation of the compant
pp 193
What is the common percentage of slot machine revenue, given by the Nutshell, that casinos give to the state via "revenue sharing"
25%
pp 207
Name at least 2 of the 3 violations prohibited by the IGRA criminal provisions.
1. 18. U.S.C.A. § 116 prohibits gaming in violation of State law on tribal lands
2. 18. U.S.C.A. § 117 makes stealing money or property from gaming facilities on tribal land a federal crime
3. 18. U.S.C.A. § 118 makes it a federal crime to embezzle from a casino
pp. 197
Name the tribal land that Mitchell Hamline is built upon
Dakota (Wahpekute, specifically)
The event resulted in the explosion of legal gambling in Canada (Including the year)
1985 Winter Olympics