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5 Court Cases
Essay specific features
Written by:
Paul B
Date added:
October 20, 2013
Level:
University
Grade:
A
No of pages / words:
7 / 1811
Was viewed:
5744 times
Rating of current essay:
Essay content:
The State also alleged that the Tribe planned to construct a new facility on its lands in order to conduct additional class III gaming.
III. The Issue
Does the operation of such games without a Tribal-State compact violate both federal and state law?
IV. Holding and Vote
No (Opinion by Justice Stevens)
V...
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Holding and Vote
No (Opinion by Justice Stevens)
V. Reasoning
Congress abrogated tribal immunity from state suits that seek declaratory or injunctive relief for alleged tribal violations of IGRA; (2) the Tribe, by electing to engage in gaming under IGRA, waived its immunity from a suit to require compliance with the statutory conditions precedent to class III gaming; and (3) tribal immunity does not necessarily extend to actions seeking prospective equitable relief...
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