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| Michigan v. Bay Mills Indian Community ： ウィキペディア英語版 |
Michigan v. Bay Mills Indian Community
''Michigan v. Bay Mills Indian Community'', , was a United States Supreme Court case examining if a federal court has jurisdiction over activity that violates the Indian Gaming Regulatory Act but which takes place off Indian lands, and, if so, does tribal sovereign immunity prevent a state from suing in federal court.〔(The Oyez Project: Michigan v. Bay Mills Indian Community )〕 In a 5-4 decision, the Court held that the State of Michigan's suit against Bay Mills is barred by tribal immunity.〔(''Michigan v. Bay Mills'', 572 U.S. __ (2014) )〕
==Background==
In 1988, Congress enacted the Indian Gaming Regulatory Act (IGRA) to establish the jurisdictional framework which governs Indian gaming and created three classes of gaming. Class III gaming, which is the most highly regulated and the class involved in this case, includes casino gaming, horse racing, and slot machines. A tribe may conduct gaming operations pursuant to a compact entered into with a state.〔(Michigan Gaming Control Board: Tribal-State Compacts )〕 IGRA allows a state to bring a suit against a tribe for certain compact violations, including gaming on Indian lands in violation of an effective compact.〔(25 U.S.C. 2710(d)(7)(A)(ii) )〕 The compact between Michigan and the Bay Mills Indian Community was approved by the Department of the Interior's Bureau of Indian Affairs on November 19, 1993 and the tribe operated gaming in the Upper Peninsula.〔(A Compact Between the Bay Mills Indian Community and the State of Michigan Providing for the Conduct of Tribal Class III Gaming by the Bay Mills Indian Community )〕
In 2010, using accrued interest from federal appropriations,〔(Michigan Indian Land Claims Settlement Act, 111 Stat. 2652 )〕 the tribe purchased land near Vanderbilt, in the Lower Peninsula, and claimed authority to operate a casino there. The state filed suit in federal court and the Interior Department opined that the use of the land trust funds to purchase the land did not convert it to Indian territory. The court enjoined the tribe against opening a casino.〔 The Sixth Circuit vacated the injunction holding that tribal immunity barred Michigan's suit against Bay Mills unless Congress provided otherwise.〔(''State of Michigan v. Bay Mills'', 695 F.3d 406, 416 (6th Cir. 2012) )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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