Lost in the Shuffle: State-Recognized Tribes and the Tribal Gaming Industry


This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state law.


Civil Rights and Discrimination | Comparative and Foreign Law | Constitutional Law | Indigenous, Indian, and Aboriginal Law | Jurisprudence | Law | Law and Society | Legislation

Date of this Version

August 2005