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

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Item specifics

Condition
Good: A book that has been read but is in good condition. Very minimal damage to the cover including ...
ISBN
9780700617784
Publication Year
2011
Format
Trade Paperback
Language
English
Book Title
Supreme Court and Tribal Gaming : California V. Cabazon Band of Mission Indians
Author
Ralph A. Rossum
Item Length
8.5in
Publisher
University Press of Kansas
Genre
Law, History, Social Science
Topic
Constitutional, General, Ethnic Studies / Native American Studies, Legal History, Native American
Item Width
5.5in
Item Weight
12.3 Oz
Number of Pages
224 Pages

About this product

Product Information

When the Cabazon Band of Mission Indians--a small tribe of only 25 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 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. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians , the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling--and of Congress's subsequent passage of the Indian Gaming Regulatory Act--tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.

Product Identifiers

Publisher
University Press of Kansas
ISBN-10
0700617787
ISBN-13
9780700617784
eBay Product ID (ePID)
99631365

Product Key Features

Book Title
Supreme Court and Tribal Gaming : California V. Cabazon Band of Mission Indians
Author
Ralph A. Rossum
Format
Trade Paperback
Language
English
Topic
Constitutional, General, Ethnic Studies / Native American Studies, Legal History, Native American
Publication Year
2011
Genre
Law, History, Social Science
Number of Pages
224 Pages

Dimensions

Item Length
8.5in
Item Width
5.5in
Item Weight
12.3 Oz

Additional Product Features

Lc Classification Number
Kf8210.G35r67 2011
Reviews
"Some view Cabazon as an emphatic ruling supporting tribal sovereignty, while others see it as a deeply compromised decision that elevated state government's role in internal native affairs. Rossum deftly situates the case historically, legally, and culturally, and persuasively argues that this is one of the more important decisions ever handed down by the High Court."-- David E. Wilkins , author of American Indian Sovereignty and the U.S. Supreme Court "Rossum's well researched book hits all the crucial topics and deals comprehensively with a host of complex issues in a clear, concise, and interesting manner. I wholeheartedly endorse it."-- Alexander Tallchief Skibine, S.J. Quinney , Professor of Law, University of Utah, Some view Cabazon as an emphatic ruling supporting tribal sovereignty, while others see it as a deeply compromised decision that elevated state government's role in internal native affairs. Rossum deftly situates the case historically, legally, and culturally, and persuasively argues that this is one of the more important decisions ever handed down by the High Court.-- David E. Wilkins , author of American Indian Sovereignty and the U.S. Supreme Court Rossum's well researched book hits all the crucial topics and deals comprehensively with a host of complex issues in a clear, concise, and interesting manner. I wholeheartedly endorse it.-- Alexander Tallchief Skibine, S.J. Quinney , Professor of Law, University of Utah, "A meticulously researched account of how the Cabazon and Morongo Tribes of Missions Indians won the right to operate high-stakes bingo rooms in California. Along the way, Rossum explores the roots of federal Indian law and native sovereignty, and tracks the consequences of California v. Cabazon Band across Indian country. . . . Historians will find Rossum's thorough legal analysis a fine complement to histories of assimilation and self-determination from scholars such as Francis Paul Prucha and Frederick E. Hoxie. . . . Rossum has crafted a compelling narrative of a critical moment in American Indian Law. Rossum ably places tribal gaming clearly within a legal historical context. In so doing, he clarifies the complex relationships between gaming, tribal sovereignty, and state regulatory power. While many recent works explore tribal gaming, Rossums study stands out for its clear examination of historical context and judicial precedence within a single legal case. For scholars who seek to understand this increasingly important issue, The Supreme Court and Tribal Gaming will be required reading for years to come."-- Southern California Quarterly "Rossum has written a useful and informative book. His account of Congress on again off again approach to tribal independence will inform readers with a general interest in American Indian history. His description of the Marshall trilogy and subsequent case law is sufficiently detailed to be of interest to lawyers without prior exposure to federal Indian law. . . . [A] well written and thoroughly researched book that will appeal to a diverse audience. Perhaps in a future effort Rossum will let us know what he thinks about the long term viability of sovereign tribes in a global society and economy, but for this effort he should be commended for providing a clear and interesting explanation of how we got to where we are."-- Library of Law and Liberty "Rossum's contribution is welcome for its addition of federal Indian law to an excellent series of books for undergraduates."-- Choice, "Some view Cabazon as an emphatic ruling supporting tribal sovereignty, while others see it as a deeply compromised decision that elevated state government's role in internal native affairs. Rossum deftly situates the case historically, legally, and culturally, and persuasively argues that this is one of the more important decisions ever handed down by the High Court."- David E. Wilkins , author of American Indian Sovereignty and the U.S. Supreme Court "Rossum's well researched book hits all the crucial topics and deals comprehensively with a host of complex issues in a clear, concise, and interesting manner. I wholeheartedly endorse it."- Alexander Tallchief Skibine, S.J. Quinney , Professor of Law, University of Utah, Some view Cabazon as an emphatic ruling supporting tribal sovereignty, while others see it as a deeply compromised decision that elevated state governments role in internal native affairs. Rossum deftly situates the case historically, legally, and culturally, and persuasively argues that this is one of the more important decisions ever handed down by the High Court.David E. Wilkins , author of American Indian Sovereignty and the U.S. Supreme Court Rossums well researched book hits all the crucial topics and deals comprehensively with a host of complex issues in a clear, concise, and interesting manner. I wholeheartedly endorse it.Alexander Tallchief Skibine, S.J. Quinney , Professor of Law, University of Utah, "A meticulously researched account of how the Cabazon and Morongo Tribes of Missions Indians won the right to operate high-stakes bingo rooms in California. Along the way, Rossum explores the roots of federal Indian law and native sovereignty, and tracks the consequences of California v. Cabazon Band across Indian country. . . . Historians will find Rossums thorough legal analysis a fine complement to histories of assimilation and self-determination from scholars such as Francis Paul Prucha and Frederick E. Hoxie. . . . Rossum has crafted a compelling narrative of a critical moment in American Indian Law. Rossum ably places tribal gaming clearly within a legal historical context. In so doing, he clarifies the complex relationships between gaming, tribal sovereignty, and state regulatory power. While many recent works explore tribal gaming, Rossums study stands out for its clear examination of historical context and judicial precedence within a single legal case. For scholars who seek to understand this increasingly important issue, The Supreme Court and Tribal Gaming will be required reading for years to come."Southern California Quarterly "Rossum has written a useful and informative book. His account of Congress on again off again approach to tribal independence will inform readers with a general interest in American Indian history. His description of the Marshall trilogy and subsequent case law is sufficiently detailed to be of interest to lawyers without prior exposure to federal Indian law. . . . [A] well written and thoroughly researched book that will appeal to a diverse audience. Perhaps in a future effort Rossum will let us know what he thinks about the long term viability of sovereign tribes in a global society and economy, but for this effort he should be commended for providing a clear and interesting explanation of how we got to where we are."Library of Law and Liberty "Rossum's contribution is welcome for its addition of federal Indian law to an excellent series of books for undergraduates."Choice
Table of Content
Editors' Preface Introduction 1. Cabazon: The Legal and Constitutional Questions 2. Tribal Sovereignty: Origins and Development 3. What the Marshall Trilogy Has Wrought: Unique Canons of Construction and a National Debate 4. Public Law 280: An Assimilationist Act 5. Cabazon: The Appeal to the Supreme Court 6. Cabazon: Oral Argument and the Supreme Court's Decision 7. What Cabazon Has Wrought: Reactions to the Cabazon Decision 8. Tribal Gaming under the Indian Gaming Regulatory Act: Compacting in Connecticut, California, and Florida Relevant Cases Chronology Bibliographical Essay Index
Copyright Date
2011
Lccn
2011-002772
Dewey Decimal
344.73099
Dewey Edition
22

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