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Study Guide for Quiz - Laws and Regulations The Indian...

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Laws and Regulations The Indian Gaming Regulatory Act a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. The stated purposes of the act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences Oliphant v. Suquamish Indian Tribe In August 1973 Mark David Oliphant, a non-Indian living as a permanent resident with the Suquamish Tribe on the Port Madison Indian Reservation in northwest Washington[2], was arrested and charged by tribal police with assaulting a tribal officer and resisting arrest. Oliphant applied for a writ of habeas corpus in federal court, because he claimed he was not subject to tribal authority because he was not an American Indian. He was not challenging not the exercise of criminal jurisdiction by the tribe over non-Indians; he was challenging the existence of this jurisdiction by the tribe. The decision stated that Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress. SMITH V. OREGON EMPLOYMENT Alfred Smith and Galen Black were fired from their jobs because they ingested the illegal hallucinogen peyote for sacramental purposes during a Native American religious ceremony. When the men applied for unemployment benefits, the Employment Division denied the benefits because they had been discharged for "misconduct." The Oregon Supreme Court held the denial violated the men's rights under the First Amendment, which protects the "free exercise" of religion. The U.S. Supreme Court reversed, holding that the free exercise clause permits states to prohibit sacramental peyote use and to deny unemployment benefits to persons discharged for such use. Duro v. Reina
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Study Guide for Quiz - Laws and Regulations The Indian...

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