Indian Gaming and Tribal Sovereignty: The Casino Compromise

by Steven Andrew Light, Kathryn R. L. Rand

Choice Outstanding Title From Connecticut to California, Native American tribes have entered the gambling business, some making money and nearly all igniting controversy. The image of the “casino Indian” is everywhere. Some observers suspect corruption or criminal ties, or have doubts about tribal authenticity. Many tribes disagree, contending that Indian gaming has strengthened tribal governments and vastly improved the quality of reservation life for American Indians. This book provides the clearest and most complete account to date of the laws and politics of Indian gaming. Steven Light and Kathryn Rand explain how it has become one of today’s most politically charged phenomena: at stake are a host of competing legal rights and political interests for tribal, state, and federal governments. As Indian gaming grows, policymakers struggle with balancing its economic and social costs and benefits. Light and Rand emphasize that tribal sovereignty is the very rationale that allows Indian gaming to exist, even though U.S. law subjects that sovereignty to strict congressional authority and compromised it even further through the Indian Gaming Regulatory Act of 1988. Their book describes Indian gaming and explores today's hottest political issues, from the Pequots to the Plains Indians, with examples that reflect a wide range of tribal experience: from hugely successful casinos to gambling halls with small markets and low grosses to tribes that chose not to pursue gaming. Throughout, they contend that tribal sovereignty is the key to understanding Indian gaming law and politics and guiding policy reform—and that Indian gaming even represents a unique opportunity for the emergence of tribal self-determination. As political pressure on tribes to concede to state interests grows, this book offers a practical approach to policy reform with specific recommendations for tribal, federal, state, and local policymakers. Meticulously argued, Indian Gaming and Tribal Sovereignty provides an authoritative look at one of today’s most vexing issues, showing that it’s possible to establish a level playing field for all concerned while recognizing the measure of sovereignty—and fairness—to which American Indians are entitled.

Genres: Nonfiction, American History, Anthropology

256 pages, Paperback

First published September 27, 2005

Reviews

[Brenden Gallagher]

I read this book for research, and it is likely that anyone opening "Indian Gaming and Tribal Sovereignty" is doing the same. That being said, for what amounts to an academic and legal thesis, the book is brisk, thoughtful, and clear in its position.

"Indian Gaming and Tribal Sovereignty" endeavors to reimagine the relationship between states and tribes when it comes to Native American casinos. Specifically, the book points out that state and national governments have long twisted the intended meaning of sovereignty as it is convenient to them.

After laying down a firm idea of sovereignty and asserting that tribes are still independent governments even if they are within the US, the authors talk about why Native American gaming is different from non-Native gaming. Specifically, the book discusses cultural heritage and the value of atoning for past wrongs done to Native people. While the authors acknowledge the difficulty in quantifying these things, they argue that they need to be viewed as a part of the "value" of casinos in the same way that a potential spike in gambling addiction or crime is viewed as a part of the calculus even if these externalities aren't exactly quantifiable.

In our era, discussions of truth and reconciliation and reparations are finally entering mainstream discourse, and even if you aren't looking to learn the ins and outs of Native American gaming like I am, "Indian Gaming and Tribal Sovereignty" offers a thoughtful academic and legal perspective on issues that many in the mainstream might dismiss as irrelevant and emotional. The text makes an academic argument for what justice could look like for Native people, and offers a much needed corrective to white conservative views on Native American gaming that have pervaded the media and the popular imagination.

[Michael Webb]

I read this as a sort of companion piece to the Rossum book on Cabazon. This is more of an overview of Tribal Gaming as a whole. It tries to lay out the basics of why / how Tribal Gaming exists and explain some of the Tribal notion of sovereignty and how that can complicate the question of casinos that are ostensibly the result of a Federal decision but which by the nature of IGRA, require a "negotiation" with the state in which the Tribe resides and in which Tribes have virtually no power to compel following the 1996 Seminole ruling.

For someone who has no knowledge of the subject, this is probably a solid overview. I have personal quibbles with some of the opinions of the authors (mostly as relates to the viability of making IGRA any better, or even of the notion that states should have any part in the government to government relations that exist between the Fed and the individual Tribes) but the information here is relatively solid; if a bit dated as this text is from 2005. Still, you could find worse overviews, pretty readable. A mild thumbs up.

[Viki Denver]

The connection between gaming, culture, and tribal sovereignty is pretty interesting, especially when you look at how gaming has developed beyond traditional physical venues. I’ve also noticed how much the modern gaming experience has changed with digital platforms and cryptocurrency. While looking into this topic, I came across a resource and spent some time exploring it myself. I found it interesting to see how an aviator crypto game combines a simple game concept with digital payments and a modern interface. The information was easy to follow, and I liked that the site explains the mechanics without making everything feel overly complicated. Based on my own experience, I’d recommend checking it out if you’re curious about how newer forms of online gaming compare with the traditional models discussed in the book.

[Bernice M.]

It's an interesting topic, and indeed, the history of Indian casino development and the issue of tribal sovereignty are a separate, rather complex story. Many tribes were able to strengthen their economies, create jobs, and fund social projects thanks to casinos. For them, this became an important compromise between traditional culture and the modern economy.

Personally, I'm interested in the gaming industry as a whole, and in addition to such discussions, I sometimes choose a lighter format—for example, online platforms like https://mostbet.net.in/. They're convenient for seeing how the industry operates in a digital form and simply taking a break from serious topics.

[Michelle Boyer]

An overview of tribal Indian gaming in North America with a specific focus on pointing out the ways in which tribal gaming actually helps the state, but showing ways in which there is no progress on either end due to multiple policies set to making gaming harder for tribes.

Part 1 discusses the law and politics behind American Indian gaming, including giving an overview of the concept of tribal sovereignty, then the legal compromises that were made in order to establish tribal gaming, and then background on some of the political compromises (especially giving up some aspects of sovereignty) in order to establish gaming.

Part 2 focusses on assessing the success of tribal gaming. The section includes examples of both positive and negative impacts from different tribes. The obvious question is "is there a winner" in regards to gaming and all of the compromises that are being made (I would argue no).

Part 3 offers a discussion of better informing individual at all levels about what American Indian gaming is, what it does for tribes, what it does for states, as well as the impacts. Overall, the essays are well put together and the piece is very informative. There are areas where this drags--but it makes up for the drag when you get to some of the larger spreadsheets and inserts.