For this chapter, the topics of Indian gaming and regulations set for them are discussed in detail as it goes over the different kinds of gaming and the laws that are used or created to regulate them. Indian gaming has proven to be the most successful and largest generator for revenue but there are tribes that refuse or unable to take part in this because of moral or traditional reasons or that their geographic establishment makes it difficult to enable gaming. The main law that oversees this topic is the Indian Gaming Regulatory Act that allows states to apply laws to a limit. This also allows tribes to bring states into court to discuss what the tribes are allowed to do and how much the state should regulate if the tribes want to establish …show more content…
(Pg. 334) The extension states were allowed was criminal law but its legislative and regulatory laws do not reach into Indian country. It is a matter of whether the action of making gaming operations illegal would be a prohibitory or regulatory action. States are only allowed to enforce a law in Indian country if it is going to be used for criminal jurisdiction. If the law is going to be subject to regulation, it’s defined as civil/regulatory and won’t be enforceable in Indian country. Tribes that were in non-PL280 states assumed that they were in a more favorable position since tribal members are unaffected by state laws. What has been overlooked was that the state criminal laws still applied to nonmember citizens under the circumstance that gambling was seen as a victimless crime. (Pg. 336) With issues such as this along with the Organized Crime Control Act and the Johnson Act, Congress sought to resolve this by passing the Indian Gaming Regulations Act which had the decisions of Cabazon Band serving as the base for its laws and its goal to answer to the states, tribes, and federal …show more content…
Class I “consists of social games for prizes of minimal value or traditional forms of Indian gaming connected with tribal ceremonies or celebrations.” (Pg. 337) Class II is bingo and anything that’s similar in nature to bingo, either physically or electronically (except keno). Class III is basically anything that doesn’t fit the descriptions of Class I and Class II gaming so we have games such as blackjack, slot machines, and the essential games you would expect to find in a casino. Class III requires approval before being legally operated in casinos so it has to fulfill two requirements which are getting approved authorizing ordinance and be in a state that allows gaming for any reason and by anyone. After that, it must then be “conducted in accordance with a Tribal-State compact entered into by the Indian tribe and the State that is in effect.” (Pg. 339) Tribes are able to request the state to negotiate on a compact on good faith, if the state doesn’t agree to cooperate; the court gives 60 days for both the tribe and state to decide on something. Failure to do so leads to both parties submitting final offers to a