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The Long And Winding Road: State Sovereign Immunity's Effect On Gaming License Revocation For The Casino Debtor, Christopher M. Humes
The Long And Winding Road: State Sovereign Immunity's Effect On Gaming License Revocation For The Casino Debtor, Christopher M. Humes
UNLV Gaming Law Journal
One of the most vital and contentious proceedings between a casino debtor and a regulatory agency is a post-petition license revocation hearing. Much debate exists about whether the license qualifies as property of the estate and whether the regulatory agency can be exempted from the protections inherent in the Bankruptcy Code due to the use of police and regulatory power. However, maybe the most contentious and impactful debate is whether the regulatory agency is free from the bankruptcy court’s jurisdiction due to the Eleventh Amendment’s guarantee of sovereign immunity.
At the center of the tension concerning sovereign immunity lies 11 …