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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.

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Nevada Law Journal



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