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the indian gaming act
ESSAY ON "INDIAN GAMING REGULATORY ACT"
ESSAY ON "INDIAN GAMING REGULATORY ACT"
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Gambling in the form of traditional games has always been a part of many American Indian tribes’ cultures. Though many tribes began using other forms of gambling, this continues today. However, the use of gaming to obtain profit was not as successful until the late 1970's and early 1980's. It quickly grew from an industry that made $100 million annually to over $22 billion annually. Gambling started with simple games such as bingo and continued to grow until the states the tribes were in eventually took notice. Additionally, because of the rapid growth of the gambling industry some tribes used this to better their ailing economies. As more states started to take notice of the increased amount of income the tribes were bringing in, the states’ governments began questioning whether it was a legitimate operation or not. In response states began lobbying for the Federal Government to regulate Indian gaming. The states wanting to both counter infiltration by organized crime and tax income gained by Indian gaming. Tribes fought the states to maintain tribal sovereignty and to protect gaming revenues for further economic development and support. Congress responded with the set of compromises which then evolved into what is now known as the Indian Gaming Regulatory Act of 1988. The Act separated Indian gaming into three separate classes with a different regulatory scheme for each.
The first, Class 1 gaming, is defined as (1), traditional Indian gaming, which may be a part of tribal ceremonies and celebrations and (2), social gaming with minimal prizes. Regulatory authority over Class 1 gaming is vested exclusively in tribal governments and is not subjected to IGRA's requirements. The second, class II gaming includes bingo, (whe...
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...d party attempts to sue on right of action in regards of IGRA violations have had little success. Conflicts between Indian casino and patron over gaming issues fall under jurisdiction of the tribe in exercise of tribal sovereignty.
The Indian Gaming Regulatory Act requires compacts between the tribes and states to govern the conduct of Indian casino gaming, and those compacts allocate jurisdiction between tribe and state. The Act authorized tribes to bring an action in federal court against states. Tribe could enforce the states to bargain for a compact. If the court finds the states failed to bargain in good faith, it can order the state and tribe to conclude a compact within sixty days. If the parties do not reach agreement within sixty days, they submit their last best offers to a court appointed mediator who chooses one of the two proposed compacts.
While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27). Around that same time, Minnesota made the breakthrough in borrowing the practices with each band of Native Americans having their own political communications. Because Minnesota has seven Anishinaabe tribes and four Dakota communities, it has been one of the first states to lead the way for this new program. A circle sentencing program has also been implemented in North Minneapolis for African-American juvenile problems (Ulrich, 1999, p. 425).
The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31, and the conflict still is left unresolved until this day.
The US government’s official role in Indian affairs began as far back as the Continental Congress (1786) when the Indian tribes were still considered independent nations with whom the settlers had to make treaties (Jackson 1). The purposes for these interactions were to buy land and to keep peace between encroaching settlers and natives.
The "reservation" policy is said to be policy that shrunk Indian Territory to the Black Hills of the Dakota Territory and to Oklahoma. All of the Natives customs were threatened. "Indians used buffalo for food, clothing, fuel and even shelter" (Carnes and Garraty 456). As a result of the invasion Indians stopped hunting and many tribes became infuriated. Indian response classified them as either "treaty" Indians or "non-treaty" Indians. "Treaty" Indians were the ones that their chief agreed to comply with the "reservation" policy so they signed it and took it to its people. The "non- treaty" Indians were the ones who refused to sign the policy and as a result would go to war with the U.S Army. In order to protect the "treaty" Indians they created the Department of Interior which was responsible for keeping the national security. This Department includes what is called the Bureau of Indians that provides education services to Indians.
In 1830s the U.S. congress began developing Indian policy with the main objective of removing all Native Indian Tribes out of any organized “state.” The plan was to allow the Indians to settle to the west in “Indian country” and never be disturbed again. However, the country’s population continued to grow, the Civil war had ended, freed slaves and those exhausted from war began to cry for new opportunities. The government found that if America was to flourish economically that they needed to encourage the settlement of the west. The west promised vast resources, in lumber, gold and farmland. As people began migrating west they began to encroach on Indian country. As the Indians were pushed from their land and the emigrants depleted their resources, many tribes began to rebel and resort to violence.
Gambling... Who does not like to gamble? People play lotteries, bet on sport games or try their luck on slot machines with a thought to win some amount of money. In fact, this excitement for gambling can be seen even from early ages; for example, ancient Egyptians used to play dice in 2000 BC or the first casinos opened their doors to customers during the Greeco-Roman period ( Whittaker and Cushman 1 ). Nowadays casino industry is a large business in the United States that brings high revenues and offers various entertainment that attracts people from different areas. So just recently residents and visitors of Worcester, Wicomico and surrounding counties got a great opportunity to try themselves in a new Ocean Downs casino that came into operation couple months ago. Ocean Downs casino is an excellent benefit to the community that helps to improve the economic and social status of the county and also serves as a great entertainment for the adult population.
According to Congress, Indian Gaming Regulation Act (IGRA) was created in 1988 as a way of helping tribes from falling below the poverty level. The goal of IGRA is to use gaming as a mean of “[promoting] tribal economic development, self-sufficiency, and strong tribal government,” while ensuring that gaming is conducted fairly and honestly. Since its establishment, hundreds of tribes are able to negotiate an agreement with the governments to operate casinos on reservation lands (“Gaming Tax Law and Bank Secrecy Act Issues for Indian Tribal Government”). Although Congress says that the real purpose of IGRA is to allow Indians to open casinos, it is merely a set of laws that limits the tribe’s right on gaming.
Because the AIRFA lacks direct implementation, it often requires federal agencies to review their rules and regulations to accommodate the practice of Native religions. In the 1988 Lyng vs. Northwest Indian Cemetery Protective Association, the people of the Yurok, Karok, and Tolowa tribes challenged the U.S. Forest Service regarding the construction of a logging road through sacred land. The Supreme Court allowed the project to go on, viewing the land as dispensable to Native religious life (Deloria, 1992). The verdict was determined regardless of the Native testimony stating that the area “is not even a part of this world that we live in here. That place up there, the high country, belongs to the spirit and it exists in another world apart from us” (Deloria, 1992). This court case is just one of the numerous cases regarding Native sacred land claims.
Gambling addiction has become very real, very quick, to me and my friends and family. My best friend’s mother, Beverly Roan, is currently incarcerated at Sandy Mush Correctional Facility in Merced, California after allegedly embezzling over $350,000.00 from her employer to fund her gambling addiction. Beverly is a 58 year old mother of three, and grandmother of eight; no one ever suspected this level of addiction or criminal activity based on our daily interactions with her. We were shocked and appalled when she was arrested at her work back in February. We were completely unaware that her penchant for going to Chukchansi to play the slot machines had evolved into a full-fledged gambling addiction. Pathological gambling has become a devastating mental illness plaguing millions of Americans.
Some tribes have already jumped on the bandwagon to keep up with the quickly changing industry. The Pala Band of Mission tribe of San Diego County has recently opened an online gaming casino in New Jersey. The Internet casino offers slots, roulette, and poker (Olson 2015.) CEO Jim Ryan of Pala Interactive said, “Much of what we’re doing today is about preparing for the legalization of online poker in California and online gaming across the country.”(Olson 2015). While most tribal leaders think that online gaming will hurt the physical gaming industry, others like Lynn Valbuena of the San Manuel Band of Mission Indians has high hopes for online gaming. She has the idea that many people are hesitant to come into physical casinos because they are intimidated by their lack of knowledge of how to play the games and that online gaming from home will give them the opportunity to learn and improve their skills before stepping into the casinos (Olson
The adrenaline-rushing feeling of gambling offers people the idea that opportunity lies within their hands. Unfortunately, there are far too many consequences to gambling to even begin to count. To win you must play, and to win big you must play big. As more gamblers can recall their losses rather than their winnings, gamblers are often dealt with poor hands and must play the risky game to stay alive. Even though gambling has so many faults, some still fall under its corruptions because of gambling’s deceiving fallacies.
We need to a continuous support for research on emerging challenges from gambling. In order to address the issue of gambling effectively through research, monitoring and evaluation we need to define and identify problem gamblers.
From the very beginning of its existence, the U.S. dealt with Indian tribes on an official governmental and treaty making basis. Political involvement in Indian affairs was a very important part of governmental life in early America. Indian tribes were very powerful in the 1700s and early 1800s in America and were a serious threat to the new United States. Hence, the United States government was heavily involved in negotiating and dealing with tribes as part of its governmental policies. The United States ultimately negotiated, signed and ratified almost 390 treaties with American Indian tribes. Most of these treaties are still valid today. The United States did not give Indian tribes anything for free in these treaties. Instead, the treaties were formal government to government negotiations regarding sales of land and property rights that the tribes owned and that the United States wanted to buy. The United States Supreme Court stated in 1905 that United States and Indian treaties are “not a grant of rights to the Indians, but a grant of rights from them — a reservation of those not granted.” Thus, while tribal governments sold some of their rights in land, animals, and resources to the United States for payments of money, goods, and promises of peace and security, the tribes held onto or reserved to themselves other lands and property rights that they
“Problem gambling, also known as gambling addiction or compulsive gambling, is defined as the urge to gamble despite harmful negative consequences or a desire to stop” (Northstar Problem Gambling Alliance 2015). Karen Frazier states, nearly 3 percent or 6 million adults and 500,000 teens meet the criteria for problem gambling (Frazier, 2015). Legalized Gambling has many positive aspects, and it should be noted that though a large number of citizens are considered “problem gamblers,” the majority of the population gambles causally and in moderation.
Gambling addiction is an issue found in numerous areas where gambling is legal. People who are addicted to gambling, also know as problem gamblers, face many health risks including depression, suicidal thoughts, loss of sleep, loss of appetite, migraine and anxiety in addition to marriage breakdown, problems at work and bankruptcy (9). About 2 percent of adults are thought to be problem gamblers (1). In today’s society this costly addiction is not often considered to be a common problem among those who gamble. Only a small amount of states in the U.S. give enough attention toward this rising problem of people that are sometimes even willing to commit crimes just to aid their addiction. In the past our government has sought out a few solutions that help those who have developed an addiction and prevent a further increase in the number of people becoming addicted. Personally, my outlook on the problem is that it needs a better solution. I think that a higher funding to gambling addiction clinics, more ordinance and restriction laws, and more prevention and awareness programs should bee brought into consideration in order to lower the amount of people who become addict to gambling.