Indian Gaming Regulatory Act: How Did We Get Here - Where are We Going, The
Loading...
Authors
Santoni, Roland J.
Issue Date
1993
Volume
26
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The central issue in American Indian law is the extent of the power or right of an Indian tribe to govern itself and to regulate its affairs and the conduct of persons in Indian country. One commentator has stated that although tribal sovereignty is an inherent preconstitutional right, it "can be diminished in one of three ways: by treaty or agreement, by federal statute, or by a judicial holding that some tribal authority is inconsistent with the tribe's 'dependent status.' ", The Indian Gaming Regulatory Act ("IGRA" or "Act"), a federal statute enacted in 1988, diminishes tribal sovereignty. However, the precise extent of the IGRA's incursion into tribal sovereignty is the subject of current debate and litigation.|This Article begins with a review of the forces that led to passage of the IGRA. This review includes an analysis of significant Indian gaming cases decided prior to the enactment of the IGRA in 1988, and significant Indian gaming bills introduced in Congress between 1983 and 1988. This Article also discusses specific provisions of the IGRA and the major cases decided since its enactment. This Article concludes with suggested amendments to the IGRA...
Description
Citation
26 Creighton L. Rev. 387 (1992-1993)
Publisher
Creighton University School of Law