Institute explores the dimensions of Indian gaming law, benefits, issues

Until recently, there were few resources for research and information about the law and public policy governing tribal casinos.

Then, in 2002, the UND School of Law announced a new component of the Northern Plains Indian Law Center: the Institute for the Study of Tribal Gaming Law and Policy, which provides legal and policy assistance related to tribal gaming, assists tribes in pursuing reservation economic development and building strong tribal governments, and contributes to the research and literature on tribal gaming.

Since the passage of the federal Indian Gaming Regulatory Act in 1988, "Indian gaming" — casinos owned and operated by tribal governments on tribal lands — has grown to a nearly $13 billion industry nationally.

Each of the five tribes in North Dakota has a casino. Tribal gaming has become one of the state's top economic engines, contributing approximately $125 million to its economy annually. Tribal casinos have created more than 2,000 jobs statewide, and gaming revenue has helped tribes improve reservation living conditions by providing public services and constructing housing, schools, and community centers.

North Dakota and tribes throughout the Midwest are the Institute's primary focus, as the popular media and policymakers tend to focus on gaming tribes on the East and West Coasts.

The Institute's co-directors are:

• Associate Professor of Law Kathryn Rand. With a B.A. in anthropology from UND and a J.D. from the University of Michigan Law School, she previously served as a federal prosecutor in Wisconsin and served as tribal liaison to the Menominee Nation.

• Assistant Professor of Political Science Steven Light. Holding a B.A. in political science from Yale University and a Ph.D. in political science from Northwestern University, he taught previously at Northwestern and Marquette.

Since first collaborating seven years ago, Light and Rand have presented their findings at national and international conferences and have published a half-dozen articles in nationally recognized journals. Their research focuses on the intersection of law and public policy concerning Indian gaming, and specifically the roles of tribal sovereignty and tribal government. One theme of their findings is that both tribal and state governments can benefit from Indian gaming.

Consistent with the University's focus on Native communities and issues, particularly those in North Dakota, UND has supported and encouraged their work. Students, too, have shown interest in the Institute. Rand teaches a class on Indian gaming law, while Light incorporates tribal gaming issues into his courses, and both work with law and public administration graduate students in researching tribal gaming.

Both take pride in the fact that theirs is the only academic institute of its kind in the country that ties together the law, public policy, and government administration surrounding Indian gaming. While Harvard's Kennedy School of Government also studies tribal gaming, it focuses more broadly on tribal economic development.

The Institute's reputation is growing. Rand and Light regularly receive calls from attorneys, tribal governments, policymakers, and news media. While continuing to publish their research, they hope to expand the scope of their work and seek external funding to further the Institute's mission.