Abstract
The rapid expansion of sports betting in the United States has created a host of novel challenges for courts as they grapple with emerging technologies and unfamiliar laws. The new legal frontier has already run headlong into provisions of the Indian Gaming Regulatory Act (IGRA). Passed in 1988, IGRA was meant to “provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments.” 25 U.S.C. § 2702(1). The Seminole Tribe of Florida entered into a gaming compact with the state pursuant to IGRA in August of 2021. This compact reflected a successful negotiation approved by three separate governments. By November of that year, a court ruled that the mobile sports wagering provisions of the compact violated federal law and invalidated the compact in its entirety. Despite the immense economic impact, the decision had on the Seminole Tribe, the court denied them the opportunity to be a party to the litigation. I argue that the government's inadequate defense of the compact and the court's decision to exclude the tribe from the proceedings undermined both fundamental principles of federal Indian law and IGRA's policy goals.
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