By Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General
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Extra info for American Indian Law Deskbook
The Marshall Trilogy 1 B. Common-Law Extension of Marshall Trilogy Principles 5 II. Evolution of Federal Indian Policy: Congress and the Executive Branch 12 A. The Trade and Intercourse Acts Period: 1789 to 1887 13 B. The General Allotment Act Period: 1887 to 1934 18 C. The Indian Reorganization Act and Subsequent Legislation: 1934 to the Present 22 Chapter 2 Indian, Indian Tribe, and Indian Country 28 I. Indian and Indian Tribe 28 II. Indian Country 36 Chapter 3 Indian and Reservation Lands 44 I.
Federal Regulation 339 B. State Regulation 342 II. The Indian Gaming Regulatory Act 345 A. Geographical Scope 346 B. Classes of Gaming 348 1. Class I gaming 349 2. Class II gaming 350 a. Bingo and related gaming 350 b. Banking and nonbanking card games 351 c. Electronic or electromechanical facsimiles 352 d. Grandfathered card games 352 e. Grace periods 353 3. Class III gaming 353 C. Requirements for Lawful Indian Lands Gaming 353 1. Class I gaming 354 2. Class II gaming 354 a. Requirements for lawful gaming 354 i.
Concurrent regulation. 239 C. State Regulation of Hunting and Fishing by Tribal Members Outside Reserved Lands 241 1. The geographic scope of an off-reservation treaty right: Ceded territory, historically used areas, and "usual and accustomed places" 241 a. Private property 242 b. "Unoccupied lands" or "open and unclaimed lands" 243 2. Rights in former territory absent treaty or other express federal law 244 a. Disestablished reservation lands 244 b. Extinguishment of aboriginal rights through Indian Claims Commission Act proceedings or implication 246 c.