– Tribal Gaming: Legal and Regulatory Issues HTM 372 Spring 2014

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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!
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