Intellectual Property Symposium
October 23, 2004
Colloquia Explores Conflict Between Tribal Sovereignty And Control of Gaming
Indian gaming, one of the major money topics facing the state of California, was the subject of a Pacific McGeorge colloquia on October 23 that attracted students and attorneys.
The current tribal monopoly over casino gambling in California has elevated the economic status of Indian tribes and has raised their political profile in public policy debates on the community, state, and federal level. Sovereign immunity of recognized tribes puts into question the enforceability of intellectual property rights, and governmental regulation of entrepreneurial activity, particularly in digital and information systems, entertainment, and the preservation of tribal culture.
Former Court of Appeal Justice Daniel Kolkey, now an attorney with Gibson, Dunn & Crutcher in San Francisco, outlined Governor Arnold Schwarzenegger’s plans to secure more revenue-sharing compacts with Native-American tribes that control Nevada-style gambling in the state, Kolkey plan a key role in negotiations earlier this year that resulted in compacts with five key tribes.
The colloquia came days before the November 2 general election that featured two propositions that would have expanded gaming in California. Both initiatives went down to resounding losses.
Professor Jed Scully, the director of Pacific McGeorge’s Intellectual Property Program, organized the event with the assistance of students Alicia Vagts and Catherine Cowden.
After introductory comments by Professor Scully and historical perspective from alumna Margaret Vicks, an Arizona attorney who represents tribes in that state, the audience heard from two panels. Featured presenters included attorneys Daniel Jordan, Bernard Simons, Robert Lyon, Howard Dickstein, Peter Melnicoe and Thomas Gede.