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USLaw+NativeAmsW08Wk10

USLaw+NativeAmsW08Wk10 - US Law Native Americans CRM/LAW...

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US Law & Native Americans CRM/LAW C158, W ‘08 Week 10 Prof. Justin B. Richland TA: Sam Lane M/W: 12:30-1:50 SSL 248
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CLASS OUTLINE ü Tribal Economic Development: Gaming ü Balancing Culture and Colonization in Tribal Law ü Bringing Custom to the Courtroom ü Conclusion Remarks: Who Indians Are
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I. Tribal Economic Development: Tribal Gaming Last Week: Tribal efforts at economic self- determination. Influenced by and reliant upon Federal Indian Law and Policies: Allotment --> Tribal Land Acquisition / Consolidation IRA, ISDEA (BIA management) --> Mining, Oil, Timber
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I. Tribal Economic Development: Tribal Gaming Areas of economic self-governance also demand reductions of tribal sovereignty Self-governance has created opportunities for tribal-state agreements. (e.g. Oklahoma: Tribal Government Assistance program. Tribal-State Gaming Compacts under Indian Gaming Regulatory Act.
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I. Tribal Economic Development: Tribal Gaming California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987) FACTS Cabazon Band of Indians (Federally recognized, pop. 38) conduct bingo hall and card club on reservation. Bingo hall operated pursuant to Federally approved ordinance. State of CA seeks to apply CA Penal Code to which limits Bingo operations in state only for charitable causes, with QuickTimeª and a TIFF (Uncompressed) decompress are needed to see this picture. QuickTimeª and TIFF (Uncompressed) are needed to see th Chief Cabazon (circa 1840s) Cabazon members (circa 1990s)
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I. Tribal Economic Development: Tribal Gaming California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987) FACTS Riverside Co. (where reservation is located) seeks to apply county ordinance which prohibit poker and other card games. CA a P.L. 280 state with broad criminal adjudicatory jurisdiction over all Indian tribes in state. QuickTimeª and a TIFF (Uncompressed) decompress are needed to see this picture. QuickTimeª and TIFF (Uncompressed) are needed to see th Chief Cabazon (circa 1840s) Cabazon members (circa 1990s)
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I. Tribal Economic Development: Tribal Gaming California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987) RULE: PL 280 does not grant CA regulatory authority over Indians in Indian Country. State law can overcome Federal pre-emption where it is pursuant to “compelling” state interest that outweighs federal interests in Indian Country. DECISION: For Cabazon QuickTimeª and a TIFF (Uncompressed) decompress are needed to see this picture. QuickTimeª and TIFF (Uncompressed) are needed to see th Chief Cabazon (circa 1840s) Cabazon members (circa 1990s)
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I. Tribal Economic Development: Tribal Gaming California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987) ANALYSIS: State claim that application of its gambling prohibitions to Cabazon is without merit. State gaming scheme is not criminal/prohibitory but civil regulatory, because the state does allow some forms of gaming (State lottery).
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