• Research Paper on:
    NATIVE AMERICAN RIGHTS VERSUS FEDERALISM

    Number of Pages: 5

     

    Summary of the research paper:

    This 5-page paper is an argumentative essay regarding the Seminole Indian tribe and gaming operations on reservations in Florida. Taking the case of Seminole vs. Florida, the essay argues that the tribe had a right to sue the state for refusing to negotiate in good faith on an expansion of gaming regulations, and that the Supreme Court ruling in favor of Florida (stating sovereinty issues) was incorrect. Bibliography lists 6 sources.

    Name of Research Paper File: D0_MTnacasi.rtf

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    Unformatted Sample Text from the Research Paper:
    2000; see also Amur, 1997). While it is questionable whether gaming has helped rescue reservation residents from poverty or alcohol abuse, gaming is one industry that has, at least, brought  some more money into reservations. But as is usual, money has meant controversy, and in a 1995 suit against the state of Florida, money was, likely as not, at issue  for a ruling. While the tribes, as well as state and federal governments, all claim the power to make decisions regarding how  casino gambling on reservations operate, it wasnt until the case of Seminole Tribe vs. Florida that the issue actually came to a head (Savage, 1995). The immediate issue at hand  was regulatory control of tribal casino gambling (Savage, 1995). The deeper issue, however, involved who held the actual power of determining how much the casinos could pay off and also  who could hold responsibility for deciding what gaming activities could be allowed on a Native American reservation (Savage, 1995). Its our contention that because gaming is on reservations, which are  subject to tribal and federal authority rather than that of the state, that the state should have no control over the types of games that are featured on the reservations.  Although the Supreme Court decision in Seminole versus Florida went against the tribe, its our contention that the decision was wrong. It  is our view that the Native Americans should retain the rights to determine how their casinos operate, and that the issue of states rights, which is what Florida argued, had  nothing to do with the scenario. Seminole versus Florida was a test of the Indian Gaming Regulatory Act of 1988, which was 

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