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The Supreme Court and Tribal Gaming: California v. Cabazon Band of Mission Indians

Overview

When the Cabazon Band of Mission Indians-a small tribe of only twenty-five members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a 1987 Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. In its wake a multibillion dollar tribal gaming business, encompassing more than 230 tribes in twenty-nine states, has ...

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Overview

When the Cabazon Band of Mission Indians-a small tribe of only twenty-five members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a 1987 Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. In its wake a multibillion dollar tribal gaming business, encompassing more than 230 tribes in twenty-nine states, has emerged. Ralph Rossum explores the origins, arguments, and impact of the Court's landmark decision and brings to life the essential debates pitting Indian rights against the regulatory powers of the states.

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Product Details

Meet the Author

Ralph A. Rossum is Salvatori Professor of American Constitutionalism at Claremont McKenna College and author of Antonin Scalia's Jurisprudence, also from Kansas.

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Table of Contents

Editors' Preface ix

Acknowledgments xi

Introduction 1

1 Cabazon: The Legal and Constitutional Questions 9

2 Tribal Sovereignty: Origins and Development 25

3 What the Marshall Trilogy Has Wrought: Unique Canons of Construction and a National Debate over Tribal Assimilation v. Self-Determination 49

4 Public Law 280: An Assimilationist Law in an Era of Self-Determination 74

5 Cabazon: The Appeal to the Supreme Court 84

6 Cabazon: Oral Argument and the Supreme Court's Decision 119

7 What Cabazon Has Wrought: Reactions to the Cabazon Decision 144

8 Tribal Gaming under the Indian Gaming Regulatory Act: Compacting in Connecticut, California, and Florida 163

Relevant Cases 183

Chronology 185

Bibliographical Essay 189

Index 199

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