Killing the New Buffalo: State Eleventh Amendment Defense to Enforcement of IGRA Indian Gaming Compacts

Abstract

This Article examines and proposes a solution to the strategies states employ to harness the Indian tribes' new buffalo - casino gaming. Part II uncovers states' hidden agenda in the fierce competition for casino gaming proceeds. Part III details IGRA's provisions, with particular attention to the compact process. Part IV analyzes the pre-IGRA law governing gaming on Indian lands. Part V describes the legislative development of IGRA with special emphasis on the compact requirement. Part VI focuses on state sovereign immunity under the Eleventh Amendment. Part VII analyzes federal case law on IGRA abrogation. Part VIII concludes that while the states have no constitutional authority to resist compacting, the impasse created by differing judicial interpretations will likely continue until Congress or the courts act to resolve it.

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Indians of North America -- Sovereignty, Gambling on Indian reservations, Government liability

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Sidney M. Wolf (University of Massachusetts)

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