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Journal of Dispute Resolution

Constitutionality

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Full-Text Articles in Law

Constitutionality Of The Indian Gaming Regulatory Act: State Sovereignty And Compulsory Negotiations - Cheyenne River Sioux Tribe V. South Dakota, The, Joel P. Brous Jan 1994

Constitutionality Of The Indian Gaming Regulatory Act: State Sovereignty And Compulsory Negotiations - Cheyenne River Sioux Tribe V. South Dakota, The, Joel P. Brous

Journal of Dispute Resolution

Indian tribes located within states that permit gambling are allowed to license and operate gaming activities on Indian lands2 as long as these activities comply with the Indian Gaming Regulatory Act [hereinafter IGRA]. 3 Congress enacted the IGRA to balance tribal autonomy and economic self-sufficiency with the state police power seeking to control tribal gaming operations.4 In Cheyenne River Sioux Tribe v. South Dakota, the United States Court of Appeals for the Eighth Circuit addressed the constitutionality of the IGRA and held that the IGRA violated neither the Eleventh nor the Tenth Amendments.' This Note examines the split of authority …


Constitutionality Of Mandatory Farmer-Lender Mediation: The Minnesota Plan - Laue V. Production Credit Association, The, Jeffrey L. Dawson Jan 1988

Constitutionality Of Mandatory Farmer-Lender Mediation: The Minnesota Plan - Laue V. Production Credit Association, The, Jeffrey L. Dawson

Journal of Dispute Resolution

In March of 1986, the Minnesota legislature adopted an omnibus farm bill. A principal part of this bill was the "Farmer-Lender Mediation Act" s (hereinafter Act). The Act requires mandatory mediation notice in the case of any debt foreclosure proceedings brought against farm debtors.8 The Act was scrutinized by the Minnesota Court of Appeals in a case of first impression in Laue v. Production Credit Association.