Abstract

The history of tribal-state conflict and the role of the federal government is nearly two centuries old. In recent years, the most contentious source of conflict between American Indian tribes and states has been Indian gaming. The Congress attempted to compromise and resolve the issue by passing the Indian Gaming Regulatory Act (IGRA) in 1988, but the law has only exacerbated and opened up new avenues of conflict. The scope and stakes of Indian gaming can be seen in the history of Indian gaming in New Mexico where the defects in IGRA have been readily apparent. As Indian gaming has grown, so have efforts to curtail it and other aspects of tribal sovereignty, including tribal sovereign immunity. These efforts are currently underway in the Congress.

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