HTM 372: Tribal Gaming: Legal and Regulatory Issues Spring 2015 Schedule Number 21683 COURSE INFORMATION Class Days: Distance Education Class Times: Distance Education Class Location: Distance education course. All class meetings and activities take place online. Office Hours Times (and by appointment): Mondays 5-7pm Office Hours Location: PSFA 430 Course Overview Purpose and scope of the course: Description from the Official Course Catalog: Legal and regulatory structure of tribal gaming including Federal Indian Gaming Regulatory Act and California compacting process. Description of the Purpose and Course Content: This course explores the unique interplay between federal, state and tribal law as a way to position tribal gaming law and regulation in its proper political and legal context. Much of the first part of the course explores the history and development of the 1988 Indian Gaming Regulatory Act (IGRA) and the ways that IGRA both shapes and limits tribal government gaming today. 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. Student Learning Outcomes: 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. Real Life Relevance: The course is directly relevant to our quest to understand the present diversity of human activity and to identify key arguments (often codified in laws and regulations) that support a particular “worldview” that empowers a particular set of stakeholders over others. Each stakeholder group formulates and articulates answers to typical questions about legal and regulatory issues in different ways –in ways that make sense given their own political position—and each stakeholder view and cultural perspective has something of value to teach as we continue to understand the role of history and power in the creation of current legal and regulatory systems. Relation to Other Courses: While designed to support the School of Hospitality and Tourism Management (HTM) Program’s Tribal Casino Operations Management emphasis, this course is open to all students with an interest in gambling policy, tribal law, gambling law, the history and culture of gambling public policy, or the regulation of the tribal government gaming industry and commercial casino industry. Enrollment Information Please include information about enrollment for the course including, but not limited to: Prerequisites: Hospitality and Tourism Management 201 and 371 or permission of Professor. Adding/Dropping Procedures for this course are available at http://arweb.sdsu.edu/es/registrar/howto.html Course Materials Required Materials (including all readings and films) are available on Blackboard Success in an Online Course This online course offers the advantage of learning anyplace and anytime. Despite this flexibility, to succeed in the online learning environment students should keep in mind the following requirements: • A computer - PC or Macintosh- with a stable Internet connection. Higher speed Internet connections (cable modem, DSL) are strongly recommended. • Basic computer skills - email, surf the Internet, and create basic word processor files. • Microsoft Office 2010, or higher (Must include Word and PowerPoint). • A reliable email address that will not change from the beginning until the end of the semester. • A "technology back-up" plan. Students should plan out an alternative location to do assignments and quizzes in the event their computer or Internet connection is not working! • Time. Distance learning courses require as much time as traditional (classroom) instruction. The primary difference is that online instruction allows flexibility. • Self motivation. Online students must be "self starters" and have the ability to work with a minimum of supervision. Students who procrastinate are rarely successful in distance learning courses. Students are also required to: • Take READINESS SURVEY to see if this course format is right for you. • Make use of the online course materials available via Blackboard. Access to these materials is available once you have registered to the course. • Complete readings and assignments by the dates indicated on the syllabus. • Check email on a daily basis. Course Structure and Conduct Structure of the course: Style of the Course: Distance Education (fully on-line) Individual Projects: 6 Self-Assessments (10 points each) and 2 exams (20 points each) Technology Utilized in the Course: Blackboard Course Assessment and Grading Points 94-100 90-93.9 87-89.9 84-86.9 80-83.9 77-79.9 74-76.9 70-73.9 67-69.9 64-66.9 60-63.9 0-59.9 Letter Grade Grade points A 4 A3.7 B+ 3.3 B 3 B2.7 C+ 2.3 C 2 C1.7 D+ 1.3 D 1 D0.7 F 0 Due Dates for Self Assessments: 2/5, 2/19, 3/5, 4/9, 4/23, 5/7 Dates for Exams: 3/20, 5/8 Scored activities and weighting: 6 Self-Assessments comprise 60% of your final grade; 2 Exams comprise 40% of your final grade. Grades are calculated by adding up points accrued. The table below shows how I translate points to a letter grade and then a grade point figure. This process is applied to the Exams and to the final grade as a whole. Please be advised that I do not automatically round up (e.g., 79.5% = C+ while 80% = B-). LIKE ALL OTHER RULES SET OUT IN THIS SYLLABUS, the work completion deadline rule applies to EVERYONE. I do appreciate how difficult it can be to balance school, work, family, and so on. However, I cannot extend deadlines or waive requirements for students who overextend themselves. Please think twice about enrolling at this time if you anticipate being overtaxed by other courses or obligations, or have a history of trouble with deadlines or with following written instructions. Please do not put me in a difficult position later by asking me to the break rules for you. I cannot and will not do that. Missed Exams (make-ups): Because Exams are taken online and because you have a broad window of time to take each Exam, make-ups will only be permitted in the direst of unexpected and unanticipated circumstances (e.g., hospitalization), provided that appropriate and legitimate documentation has been supplied. Makeups must be arranged for within 5 days of any missed exam. Crashed Exams. This is an online course. You are expected to have all technological problems sorted out prior to the first ‘real’ Exam. You have full and clear instructions provided regarding how to set up your computer so that it can work with the Blackboard Examining system; if you follow those instructions, you should not have any problems. However, if an Exam crashes for reasons you think may be on our end, let me know right away through an email to kspilde@mail.sdsu.edu. Follow the instructions provided for you on Blackboard, which in summary say: tell me exactly what happened, and check back regularly for my response. Finally, please note: the Blackboard system is busiest in the hour prior to any deadline. It can even lock up and lock you out. So do not wait to take your Exam. Exam scoring. Blackboard scores ‘objective’ Exams immediately (although I do sometimes wait to release results until I have made sure that there were no ‘bad’ questions and that the answer key was correct). 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 accommodations based upon disability cannot be provided until you have presented your instructor with an accommodation letter from Student Disability Services. Your cooperation is appreciated. Academic Honesty The University adheres to a strict policy regarding cheating and plagiarism. These activities will not be tolerated in this class. Become familiar with the policy (http://www.sa.sdsu.edu/srr/conduct1.html). Any cheating or plagiarism will result in failing this class and a disciplinary review by Student Affairs. Examples of Plagiarism include but are not limited to: Using sources verbatim or paraphrasing without giving proper attribution (this can include phrases, sentences, paragraphs and/or pages of work) Copying and pasting work from an online or offline source directly and calling it your own Using information you find from an online or offline source without giving the author credit Replacing words or phrases from another source and inserting your own words or phrases Submitting a piece of work you did for one class to another class If you have questions on what is plagiarism, please consult the policy (http://www.sa.sdsu.edu/srr/conduct1.html) and this helpful guide from the Library:( http://infodome.sdsu.edu/infolit/exploratorium/Standard_5/plagiarism.pdf) Turnitin Students agree that by taking this course all required papers may be subject to submission for textual similarity review to Turnitin.com for the detection of plagiarism. All submitted papers will be included as source documents in the Turnitin.com reference database solely for the purpose of detecting plagiarism of such papers. You may submit your papers in such a way that no identifying information about you is included. Another option is that you may request, in writing, that your papers not be submitted to Turnitin.com. However, if you choose this option you will be required to provide documentation to substantiate that the papers are your original work and do not include any plagiarized material. Exam and Quiz Instructions REMINDER: The best browser for Blackboard is Firefox. There are known problems with using other browsers to take tests and quizzes in Blackboard. Download Firefox for free: http://www.mozilla.com/en-US/ Suggestions for successful completion • Choose the best answer, then click the little arrow on the bottom right to advance to the next question. • Test must be completed the first time it is launched. • Do not resize or refresh the browser window while taking the exam. Be aware that going onto another browser tab or window will close out the exam. In other words, do not change screens during the assessment. • You can't go backwards. If you attempt to do so the exam will crash. Be sure of each answer before submitting it and moving on. • If you have trouble for some reason, email me (kspilde@mail.sdsu.edu) immediately with an explanation of what happened. I will view your exam attempt. Please avoid having to do this by following all the previous instructions. Upon completion of the exam click on "Save and Submit" and check your score. Then go to "My Grades" to be certain the score has been recorded. If your score has not been recorded in "My Grades" you must contact me immediately via email. Exams and Assignments 6 Self Assessments @ 10 point = 60 points You'll respond to one or two questions dealing with the current assigned reading or film in one or two brilliantly written paragraphs. Based on online course materials, organized by section. Open notes, one try. All Self Assessments are due by 11:59 pm on the due date. 2 Exams @ 20 points each = 40 total points Based on online course materials (including readings and films), organized by section. Open notes, timed, one try (50 minutes). All Exams are offered for a 24 hour window on the due dates. TOTAL POINTS= 100 Description of the course environment The projects for the course are described thoroughly in Blackboard. Students are encouraged to develop a timeline for the semester for accomplishing the tasks required. Participation in all class activities takes place on Blackboard (https://blackboard.sdsu.edu). The course is organized into Six (6) Sections, each with a set of assignments and self-assessments. Simply go to Blackboard, enter the relevant Section (starting with 1), and work through the assignments by completing the assigned reading, watching the assigned films and clips and viewing the assigned recorded lectures in the order presented. Throughout each Section, you will complete one ‘self-assessments’ (a brief essay, the parameters for which will have been provided to you by the beginning of the relevant Section of the course) to spot-check your learning. Then, during the designated Examining timeframe, take the related Exam. Afterward, simply move on to the next Section of the course. Exams will be ‘open’ for only the 24-hour period or window extending from 00:01 hours early Friday mornings until 23:59 hours on Friday nights. Please clear your calendars now to ensure that you are available for every Exam. Although you may begin Examining any time within the Examining window, you will receive a set number of minutes to complete the Exam once you have opened it, and Exams must be completed in one sitting. Blackboard provides an Exam timer, which starts when you begin an Exam. The timer does not stop when your time runs out; it just keeps on going. Blackboard won’t stop your Exam nor will an alarm sound. It is your responsibility to submit your Exam prior to the 50-minute mark. Although you can certainly access your notes and our learning resources while taking each Exam, the Exams are not intended to be open book exams. Approach our Exams just like you would approach an exam you might take sitting in a classroom. You won’t have time to look up all the answers and you will crash your Exam if you have other windows open. Any student who cheats will receive an F for the course. On each Exam, each student will receive a randomly generated subset of questions drawn from a large pool of questions, so that no two Exams are alike. While you therefore will not be asked about every single topic and term, the questions you do receive 'spot check' your comprehension and thereby provide me with an excellent measure of your total grasp of all course materials / objectives. Please note that although you may work at your own pace within a given Section, making this course ideal for anyone with a complicated schedule, you must complete all work by 23:59 hours on the due dates provided. This arrangement keeps students on track and ensures that the workload entailed in this course—for you and for me—is evenly distributed for the entire duration of our time together. How to participate in the course This is an online course. You can work at your own pace from week to week, so long as you complete assigned work by our set deadlines. You can work where you want, when you want. However, because this is an online course, we won’t have any time together during which I can lay out instructions for you verbally beyond the presentation in Section 1. That means we have to rely heavily on course documents such as this one. This syllabus and the schedule provide for you a detailed map of the course and a plan for success as you move through the semester with me. I say ‘with me’ because I am going to be here with you every step of the way and I value highly teacher- student interaction. The documentation simply anticipates and answers questions students will have about the course so that they don’t need to be asked later, saving you time and protecting you from the anxiety that can accompany vague instructions. The bottom line is that I want us all to stay together and track with the same material as it would be taught in a face-to-face class from week to week. Course materials cannot be submitted in advance to prevent you from getting “too far ahead.” Let me know how you're doing. Send me an email if you're facing difficulties and together let's see what we can work out! Texts and materials Required Readings (All of these readings are posted on Blackboard) Washburn, K. “The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenues,” Minnesota Law Review, 2008. US Supreme Court Decision in California v. Cabazon Clinton, R. “Enactment of the Indian Gaming Regulatory Act of 1988: The Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty?” 42 AZ St L J 17-91. Indian Gaming Regulatory Act, Pub. L. No. 100-497, 102 Stat. 2467 (1988) (codified at 25 U.S.C. §§ 2701–2721 (2006) and 18 U.S.C. §§ 1166–1168 (2006). Senate Committee on Indian Affairs Report on IGRA California LAO Compacting Report US House Debate on IGRA, September 26, 1988 Schwartz, D. “A Money Jungle from Sea to Sea.” Cutting the Wire: Gambling Prohibition and the Internet. University of Nevada Press. 2005. Helpful websites www.indianz.com www.pechanga.net www.nigc.gov Interacting with the Professor SDSU does not share your phone number or address with me. The only way that I can communicate with you is via email. It is your responsibility to ensure that you can receive email from Blackboard. Make sure that your email address within the system is correct. Some email systems block Blackboard mailings as if they are spam. Either fix this or get an SDSU email account (go to: http://www-rohan.sdsu.edu/newstudacct.shtml.) When sending email, you must include your full name and the course # 372 in the subject line. Email is often answered upon receipt. However, you must allow for a 24-48 hour turnaround (not including holidays and weekends). Email does sometimes go awry: If you do not hear back from me in due time, please try again with a different heading (in case the original was recognized as spam). My regular office hours are Mondays 5-6:45 pm Pacific Time, in PSFA 430. Please email me if you plan to visit my office hours or wish to make an appointment at another time or place.