Since the 1970s when various Native American tribes took unprecedented actions to initiate Indian gaming enterprises, there have been a series of legal struggles between the federal, state, and tribal governments. As Indian gaming has grown from these original bingo parlors to high stakes gaming it has also been surrounded by controversy on many different levels and disputes have arisen concerning tribal sovereignty, the effects of gaming and a loss of Native American culture. As a result, federal legislation such as the Indian Gaming Regulatory Act (IGRA) has been enacted so the federal government can oversee gaming operations and try to secure collaboration between the states and tribes.
In this course attorney Michele Hannah discusses tribal sovereignty and the regulation of Indian gaming in the United States. The main issues presented by Mrs. Hannah include how the history of U.S.-tribal relations sets the stage for Indian gaming, why Indian tribes have the “right” to engage in gambling activities, how the federal government has balanced the interests of tribes, the federal government & individual state governments, the size & impact of Indian gaming and the benefits that Indian gaming provides. Further issues covered include the definition of a tribe, the definition of tribal sovereignty, the beginning of the U.S.-tribal relationship, the road to Indian gaming, public law 280, key case law, the three sovereigns involved, the Indian Gaming and Regulatory Act (IGRA), Indian lands, the National Indian Gaming Commission (NIGC), Class I, II & III gaming, management contracts, per capita distributions, additional regulations and constitutional challenges to Indian gaming.
Michele Hannah serves as Deputy General Counsel for the Pechanga Band of Mission Indians. She has a joint degree in law and American Indian Studies from UCLA. Before joining Pechanga’s Office of General Counsel, Michele served as a staff attorney in the Escondido office of California Indian Legal Services for over 5 years. At CILA, her work focused on tribal representation in ICWA cases, estate planning and training under the American Indian Probate Reform Act, cultural resource protection, tribal court development, and gaming and economic development. As Deputy General Counsel, Mrs. Hannah provides general representation to the tribal government in all matters and serves as Chair of the Conference Planning Committee.