Indian Gaming:

    Indian reservations in the United States have traditionally endured a litany of social and economic ills. Suffering from the nation's highest unemployment and poverty rates; the lowest literacy and life expectancy rates; a complex web of governmental regulations; and geographic remoteness, Indian reservations remained undesirable areas for economic development other than resource extraction. Without economic independence, tribes could not achieve true self determination. Now, many Native Americans are establishing gambling operations in hopes of achieving the economic autonomy necessary for political sovereignty.
    The Seminoles in Florida opened the first high stakes bingo parlor ushering in a new and very lucrative source of revenue for tribes through- out Indian Country. Today there are more than 400 Indian casinos operated by 223 tribes in 28 states. Indian gaming brought in more than $18.5 billion in 2004 which is nearly twice that of Nevada's gaming industry.  Tribal gambling generated approximately $5.5 billion in federal taxes in 2004 and has, at least indirectly, created more than 500,000 jobs.
    The purpose of this pathfinder is to locate information that can be used in evaluating the positive and negative impact of gaming on Indian reservations. This pathfinder should help answer the following questions: Does gaming substantially create Native jobs on the reservations? How do tribes use the money generated by gaming? What are the cultural consequences for the tribes? Is there an increase in criminal activity? Does gaming  strain traditional values, resources, and infra-structures? Does gaming promote long term economic independence and secure Native self determination and political sovereignty? What are the arguments of gaming opponents and the constitutional issues at stake? Who benefits the most from gaming contracts?


Primary Sources

California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987)
This 1987 Supreme Court case stated that if  a state allowed gambling in any form it could not prevent similar gambling activities on Indian reservations in that state. The Court also ruled that a state can not impose its authority over a sovereign tribal government by regulating such activities. The case gave considerable publicity to conditions on Indian reservations and the rights of Natives. Within a year after the case tribes around the country began opening up a wide variety of gaming operations claiming that they were similar to those operated by states.

Indian Gaming Regulatory Act of 1988. 100th Congress. Public Law 100-  497, 17 October, 1988.
The IGRA establishes the framework for regulating gaming operations on Indian reservations and defines the different levels of gambling. Passed after the Supreme Court ruled that states could not regulate gambling on Indian reservations unless the games were illegal under state criminal law. The law establishes a framework for regulating gaming operations on Indian reservations and divides gaming into 3 classes: 1) Traditional Indian games which are regulated by the tribe 2) Bingo and variations such as lotteries and pull tabs which are allowed if the state allows this type of gaming by anyone under any conditions 3) All other types of gaming which require a tribe-state negotiated compact. States are required to negotiate these compacts in "good faith." The law contains numerous ambiguities and has resulted in a large body of case law to determine specifics.

National Indian Gaming Commission
This independent federal regulatory commission was established by the IGRA of 1988 as the watchdog agency for Indian gaming. It has the authority to approve compacts negotiated between tribes and states, to regulate gaming activities on Native lands with a particular emphasis on eliminating crime, and to ensure that the tribes are the main beneficiaries of gambling revenue. The site includes contact information for gaming tribes; revenue reports; recent court decisions; enforcement actions; and press releases.

National Indian Gaming Association
Founded in 1985, this non-profit organization is made up of tribes engaged in reservation gaming and associate members representing business involved in tribal gaming operations. This association serves an advocator role in promoting tribal sovereignty and integrity in gambling operations.

 Indian Gaming Magazine is a monthly magazine that features a wide variety of articles pertaining to the economic development of reservations and recent developments in the gaming industry. The site includes links to Native casino web pages.

Pechanga.net
News source on wide variety of Native issues, but emphasizes gaming concerns.

The Harvard Project on American Indian Economic Development
This purpose of this project is to conduct research and support Native sovereignty and sustained economic development. The site includes useful publications and links.

Tribal Court Clearinghouse
A good source for links to tribal and governmental organizations dealing with Native gaming.  This site includes  a wide variety of primary and secondary sources.


Secondary Sources

Articles

The Center for Applied Research. "The Economic Impact of Indian  Reservation-Based Gaming Activities". Washington, DC:         The National Indian  Policy Center, 1993. 
This NIPC paper summarizes the economic impacts of reservation gaming and the relationships between gaming operations on Indian reservations and the states. Its greatest value is the annotated bibliography (pp. 7-13) of articles, reports, manuals, and studies. Included in this bibliography is a list of 30 "Knowledgeable Authorities on Indian Gaming" and their institutional affiliation.

Journal of Gambling Studies
. New York: National Council of Problem  Gambling, Human Science Press, 1985- .

This quarterly journal publishes academic and scholarly articles which focus on gambling and particularly gambling behavior. Interdisciplinary in approach, articles cover recent research in gambling from psychological, legal, historical, sociological, and counseling perspectives. While only the occasional article deals with aspects of Indian gambling, individuals interested in the gaming industry will want to access information about the pathological behaviors associated with gambling.

McCulloch, Anne Merline. "The Politics of Indian Gaming: Tribe/State  Relations and American Federalism." Publius 24             (Summer 1994): 99-113.
An excellent and concise history of the growth of Indian reservation based gaming. It introduces and explains the economic and political implications of the Indian Gaming Regulatory Act of 1988 and its impact on tribal relations with federal and state governments. It addresses the long and short term advantages and disadvantages of Native American gaming operations. Equally valuable are the references that direct the reader to some of the most important court decisions, articles, books, and Congressional Hearings.

Worsnop, Richard L. "Gambling Boom." CQ Researcher 4 (March 1994): 241- 64.
Published by Congressional Quarterly Inc., this issue is entirely devoted to the dramatic growth of the gambling industry in the United States and the issues surrounding it. Brief articles provide background information, introduce readers to signs and dangers of compulsive gambling, public attitudes, what states are doing with the money raised, and future predictions. A particular focus is gaming on Indian reservations; its growth, legal battles and ramifications. One section includes the opposing viewpoints on the Indian Gaming Regulatory Act of Rep. Robert G. Torricelli, D-NJ and Se. Daniel K Inouye, D-Hi. This issue is written in very readable language and includes a bibliography.

Worthen, Kevin J. "Who will control the future of Indian gaming? A few pages of history are worth a volume of logic." Brigham     Young University Law Review, (Issue 2 1996): 407-448.
Worthen argues that gaming controversies are part of a larger struggle between federal state and tribal governments and should be viewed as such. He looks at the traditional struggle for power between theses groups and concludes that Natives cannot be optimistic about  their chances of success.

Books

Benedict, Jeff. Without Reservation: The Making of America's Most Powerful Indian Tribe, and Foxwoods, the World's
    Largest Casino. New York: HarperCollins, 2000.
A controversial and very critical assessment of the development of the Foxwoods Casino in Connecticut. Benedict emphasizes the criminal element involved in the establishment of the Pequot casino.

Champagne, Duane, ed. The Native North American Almanac. Detroit: Gale  Research Inc., 1994.
This is a good general source for placing the present Native American experience in an historical context. It provides historical perspectives; useful directories of Native American newspapers, pp. 776-780; federally recognized tribes and other Indian communities, pp. 355-418; US legal organizations, pp. 532-534; Political/Advocacy/Activist Native Organizations, pp. 578-584; Native owned business, pp. 987-88; and Economic organizations, pp. 984-985. Chapter 16 deals with the economies of Indian Country and provides a good overview of Native American concerns about reservations, government development programs, and government assistance.

Cornell, Stephen, and Joseph P. Kalt, eds. What Can Tribes Do? Strategies  and Institutions in American Indian Economic development.
        American  Indian Manual and Handbook Series No. 4. Los Angeles: American  Indian Studies Center, UCLA, 1992.
Eight chapters address different aspects of economic development on Indian reservations. While only 1 chapter, "The Economics of Bingo," specifically pertains to Indian gaming, the other chapters clearly indicate that other financial and governmental concerns are equally important for true economic development and political sovereignty. Self determination will require the sustaining and managing of resources and this volume raises issues and makes suggestions on how to do so.

Eadington, William R. Indian Gaming and the Law. Reno: Institute for the  Study of Gambling and Commercial Gaming,             University of Nevada, 1990.
This work presents the papers given at the North American Conference on the Status of Indian Gaming which was sponsored by the University of Nevada, Reno. The 17 papers discuss the legal implications of the Indian Gaming Regulatory Act from a variety of perspectives. The authors include recognized legal scholars and tribal leaders.

Gabriel, Kathryn. Gambler Way: Indian Gaming in Mythology, History, and Archaeology in North America. Boulder:             Johnson Books, 1996.
A well researched examination of Indian gaming practices and myths around North America. Gabriel examines the symbolic importance of gambling to Natives, the connection between divine intent and chance and how gambling served as a method ow wealth redistribution. This work provides interesting background for studying present controversies.

Johansen, Bruce E. Life and Death in Mohawk Country. Golden, CO: North  American Press, 1993.
A detailed account of the controversies and violence that broke out on the Mohawk reservations in New York because of the opening of commercial gambling. This work provides a sound historical context for understanding conditions on Indian reservations; the complexities of tribal-state/federal relations; and how potentially disruptive the gambling industry can be. The concerns of each side in the dispute are presented in an even-handed manner. Persons interested in Indian gaming would want to know about the potential for intra-tribal controversy.

Mason, Dale. Indian Gaming: Tribal Sovereignty and American Politics. Norman: University of Oklahoma Press, 2000.
This is an insightful study of the origins of IGRA and how the controversies worked their way through the courts and Congress. Mason focus on the different gaming issues that Natives faced in New Mexico and Oklahoma.

McNeil, Heidi L., ed. The Gaming Industry on American Indian Lands. Course  Handbook Series. NYC: Practicing Law         Institute, 1994.
Papers delivered at the Gaming Industry on American Indian Lands are reproduced in this volume. Topics include doing business in Indian Country; environmental issues; controversy; financing and developing gaming operations; and taxation issues. Most articles are written in "legalese" which is difficult for laymen to follow, but important questions and considerations are raised

Pevar, Stephen L. The Rights of Indians and Tribes: The Basic ACLU Guide  to Indian and Tribal Rights. 3rd ed. NY,
        NY: New York University Press, 2004.
Addresses the complexities of Indian law and rights in a readable format. It  is a good place to start when trying to understand the relationships, rights, and restrictions Native Americans face.

Thompson, William N. Legalized Gambling: A Reference Handbook.  Contemporary World Issue Series. Santa Barbara,         CA: ABC-CLIO 1994.
An essential and readable reference source for someone beginning an investigation of the gaming industry. Indian gaming is a persistent theme through out this volume and is included in discussions of the history of gambling; government involvement; opposing viewpoints; and the pros and cons of legalized gambling. Figures, tables, and graphs illustrate statistical information. In addition to contact information, the directories describe the purposes and publications of agencies and organizations concerned with different aspects of gambling. The annotated bibliographies of government documents, books, periodicals, films, and videocassettes guide users to additional sources.


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