Gambling

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Gambling in the form of traditional games has always been a part of many American Indian tribes’ cultures. Though many tribes began using other forms of gambling, this continues today. However, the use of gaming to obtain profit was not as successful until the late 1970's and early 1980's. It quickly grew from an industry that made $100 million annually to over $22 billion annually. Gambling started with simple games such as bingo and continued to grow until the states the tribes were in eventually took notice. Additionally, because of the rapid growth of the gambling industry some tribes used this to better their ailing economies. As more states started to take notice of the increased amount of income the tribes were bringing in, the states’ governments began questioning whether it was a legitimate operation or not. In response states began lobbying for the Federal Government to regulate Indian gaming. The states wanting to both counter infiltration by organized crime and tax income gained by Indian gaming. Tribes fought the states to maintain tribal sovereignty and to protect gaming revenues for further economic development and support. Congress responded with the set of compromises which then evolved into what is now known as the Indian Gaming Regulatory Act of 1988. The Act separated Indian gaming into three separate classes with a different regulatory scheme for each.
The first, Class 1 gaming, is defined as (1), traditional Indian gaming, which may be a part of tribal ceremonies and celebrations and (2), social gaming with minimal prizes. Regulatory authority over Class 1 gaming is vested exclusively in tribal governments and is not subjected to IGRA's requirements. The second, class II gaming includes bingo, (whe...

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...d party attempts to sue on right of action in regards of IGRA violations have had little success. Conflicts between Indian casino and patron over gaming issues fall under jurisdiction of the tribe in exercise of tribal sovereignty.
The Indian Gaming Regulatory Act requires compacts between the tribes and states to govern the conduct of Indian casino gaming, and those compacts allocate jurisdiction between tribe and state. The Act authorized tribes to bring an action in federal court against states. Tribe could enforce the states to bargain for a compact. If the court finds the states failed to bargain in good faith, it can order the state and tribe to conclude a compact within sixty days. If the parties do not reach agreement within sixty days, they submit their last best offers to a court appointed mediator who chooses one of the two proposed compacts.

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