HTM 372 – Tribal Gaming: Legal and Regulatory Issues Spring 2014 LSN 132 Tuesdays 3:30-4:20 Instructor: Katherine A. Spilde, Ph.D. Office Hours: PSFA 430 Tuesdays 12:00-1:00 or by appointment Contact: kspilde@mail.sdsu.edu Course Description This course is a one-unit overview of tribal government gaming’s legal and regulatory framework. The course explores the unique interplay between federal, state and tribal law. Much of the first part of the course explores the 1988 Indian Gaming Regulatory Act (IGRA) and the ways that it facilitates, shapes and limits tribal government gaming. This course also examines the various tribal-state compact provisions, land-into-trust regulations and federal attempts to clarify the classification of electronic games of chance. While designed to support the HTM Program’s tribal gaming emphasis, this course is open to all students with an interest in tribal governments, economic development or casino gaming policy and regulation. Course Objectives Upon completion of this course, students will be able to: Define and discuss the legal and regulatory environment in which tribal government gaming operates Appreciate and value the role of history in cultures other than one’s own Describe and explain the federal-state-tribal relationship and how it shapes the regulation and location of tribal government gaming Articulate the legal and regulatory frameworks for tribal trust land and federal recognition of tribal governments Delineate competing arguments regarding tribal gaming policies related to expansion and tribal-state relations Identify key arguments about tribal gaming learned in class and apply them to specific tribal government situations Competencies HTM 372 provides students the opportunities to develop the following competencies of the HTM Kaleidoscope Competency Model: Business Savvy Planning Creative Decision Making People Savvy Interpersonal Communication Networking Self Savvy Professionalism Self Development Resources Cases and other materials as assigned. The required readings and other resources (including course articles) will be posted on Blackboard and/or handed out in class. It is expected that the material will be read prior to the class period so topics can be incorporated in the class discussions and activities. Blackboard The Professor will communicate with students using Blackboard whenever possible. All students should get a Blackboard account and visit the HTM 372 course site regularly. Structure and Assessment This course will utilize a mix of lectures, guest speakers and individual written assessments. Each week, the Professor will introduce and the class will actively discuss a new feature of tribal gaming’s legal/regulatory structure. During the first few weeks, we will examine the Indian Gaming Regulatory Act (IGRA) in detail, including ways that it clarified the legal and regulatory environment for tribal gaming. The middle of the course will have students participating in (and leading) discussions of specific tribal situations based on daily monitoring of news stories on www.pechanga.net and/or www.indianz.com. At the end of the course students will examine the how the legal structure for tribal gaming impacts the regulation of gaming by tribal governments. Grading In order to acknowledge achievements and monitor progress, HTM needs a realistic and meaningful system for grading performance. The professional community also expects HTM to maintain standards that reflect its reputation as one of the foremost programs of its type in the country. Tribal governments and casino operators also require a level of applied knowledge that will facilitate success in the tribal gaming industry. According to the University's Graduate Bulletin, A means outstanding achievement; available for only the highest accomplishment; B means praiseworthy performance; definitely above average; C means average; awarded for satisfactory performance. In general, professors in HTM award "A" grades to acknowledge achievements that go beyond specified course requirements and criteria. By its very nature, this type of performance cannot always be spelled out clearly in advance. "A"s are reserved for special efforts that exceed expectations by demonstrating exceptional creativity, boldness, commitment, ingenuity, or elegance. University Senate policy and State law implicitly require the use of norm-referenced grades at SDSU. However, the Professor does not grade on a curve within individual courses or semesters, believing that tribal gaming classes are too small to be used for curve-based grading. Also, many of the techniques and approaches presented in HTM 372 emphasize criterion-based evaluation rather than norm-referenced evaluation schemes. Grading Factors Assignment/Activity 6 Assessments (short essays addressing cases and readings including feedback on guest speakers) Midterm Exam (short answer and essay test): describe IGRA’s tenets, identify major legal concepts, demonstrate understanding of federal-tribal trust relationship. Overall Course Participation. Reflects the Professor's subjective assessment of the quality and quantity of your interactions with other class members and the Professor, the care you take in using class time, and the way you contribute to the course's learning climate, including attendance Total Effort % of final grade 10 x 6 =60 Individual Individual 20 Individual 20 100 Reported Grades 94 and above 93-90 89-87 86-84 83-80 A AB+ B B- 79-77 76-74 73-70 69-60 Below 60 C+ C CD F Optional Industry Experiences You will have opportunities throughout the semester to get involved in the tribal gaming industry. Tribal government officials and casino executives are solidly behind the HTM tribal gaming emphasis. Students are encouraged to make contacts early, learn about the tremendous array of opportunities in Indian Country, and engage themselves in practical experiences to complement the classroom experiences. Academic Integrity Faculty and staff demand the highest levels of academic and professional integrity in all work at San Diego State University and especially in the HTM program. Positive scholarship cannot exist without integrity and your actions determine your level of integrity. Plagiarism, cheating on exams or any other type of academic dishonesty will be referred directly to the Office of Student Rights and Responsibilities for disciplinary action. Professional Requirements To receive full credit for assignments, they must be submitted on time in a complete and error-free fashion. All assignments must be typed, conform to 1” margins, in 12-point font, and double-spaced. All assignments are due at the beginning of class on the due date specified in the attached course outline. The Professor will be available to discuss your paper and presentation with your team before it is due. Please use the Professor as a “sounding board” for your ideas and outlines and, as time allows, to read rough drafts and make suggestions. All papers and presentations will be graded based on content (how deeply you have thought about the topic, integration of your experiences with course concepts, communication of insights, accuracy of concept application, etc.) and presentation (organization, grammar, spelling, style, etc.). Remember, you will be evaluated on both what you say and how you say it, including how well you support your positions or opinions with sources and examples. Please inform the Professor if any special circumstances arise for you during the semester. No make-up exams will be given after the fact. If you know for certain you will miss an exam, please see the Professor prior to test day. Accommodations for Students with Disabilities If you are a student with a disability and believe you will need accommodations for this class, it is your responsibility to contact Student Disability Services at (619) 594-6473. To avoid any delay in the receipt of your accommodations, you should contact Student Disability Services as soon as possible. Please note that accommodations are not retroactive, and that I cannot provide accommodations based upon disability until I have received an accommodation letter from Student Disability Services. Your cooperation is appreciated. Schedule of Class Lectures and Discussions 01-28-14 Introduction to Indian Gaming Law and Regulation 02-04-13 Overview of Indian Gaming Law Reading/Discussion: Washburn, Legacy of Bryan v. Itasca County 02-11-14 Online Class Legal Regulatory vs. Criminal Prohibitory Reading/Discussion: California v. Cabazon 02-18-14 Reading/Discussion: Clinton, Return of the Buffalo Indian Gaming Regulatory Act (IGRA) 02-25-14 Online Class: Film on Federal Indian Policy/ Finish Clinton Article 03-04-14 Overview/Review of Federal Indian Law and IGRA Guest Speaker: Prof. Bryan Wildenthal, TJSL (Invited) 03-11-14 Online Class Introduction to Indian Lands Reading/Discussion: Primer on Land into Trust, Carcieri Decision on Narragansett Tribe 03-18-14 Midterm Exam in Class 03-25-14 Online Class The Tribal-State Compacting Process Reading/Discussion: LAO Compacting Report 04-01-14 Spring Break (no class) 04-08-14 Federal Recognition of Tribal Governments Reading/Discussion: Various BIA documents 04-15-13 Online: Disenrollment of Tribal Members: Who Decides? Reading/Discussion: Various BIA & Tribal Documents 04-22-13 Online: Tribal Gaming Licenses for Vendors and Employees: What you need to know Guest Speaker: Jeff L. Voyles, Gaming Consultant 04-29-13 Online: Class II vs. Class III Gaming; The role of tribal gaming commissions Guest Speaker: Justin Quis Quis, Chairman, San Pasqual Gaming Commission 05-06-11 Final In Class Remember, HTM is all about exceeding expectations!