Federal Law, State Policy, and Indian Gaming

Authors

Kevin Washburn, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

1-1-2004

Abstract

This Article will set forth the legal authorization and the economic success of Indian gaming by asking and answering two rhetorical questions: "What makes Indian gaming lawful?" and "What makes Indian gaming successful?" This Article will conclude with the observation that Indian gaming exists almost entirely at the mercy of state governments. It will argue that, while Indian gaming began as a cross-border issue, it no longer has those features. Indeed, it has been transformed into the very antithesis of a cross-border issue, a political issue that is addressed almost entirely in the sphere of state political processes. The issue no longer spans borders, but is an internal state political issue. This Article will then explain the ramifications of this transformation both for federal Indian law and policy and for those who wish to study the development and resolution of cross-border problems.

Publication Title

Nevada Law Journal

Volume

4

First Page

285

Last Page

300

Recommended Citation

Kevin Washburn, Federal Law, State Policy, and Indian Gaming, 4 Nevada Law Journal 285 (2004).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/500