Richard Monette, Imposing Communism, 12 Lewis & Clark L. Rev. 991 (2008).
Abstract
It is a well known fact that gambling is the most successful business venture in Indian Country. What most people don’t know is that in 1988 the United States government passed the Indian Gaming Regulatory Act (IGRA),which requires that casino operations in Indian Country be owned by tribes and not by private individuals. Today tribes struggle to reassume management of their lands and resources but tribal governments make it difficult for them by managing businesses for the Tribe as a collective whole, instead of purposefully facilitating and governing a private economy and a private property system within Indian Country. Under the General Allotment Act (GAA), the United States government attempted to promote a private economy on Native American land by allotting land for each Indian family, but it was inefficient in its management of individually owned assets. Tribes should amend their constitutions and create laws that reorganize their governments to correct the conditions created by the laws passed by the United States government.