Colorado River Indian Tribes, A Federally Recognized Indian Tribe, Appellee v. National Indian Gaming Commission, Et Al., Appellants No. 05-5402 United States Court of Appeals for The District of Columbia Circuit 466 F.3d 134; 2006 U.S. App. Lexis 25980

2007 ◽  
Vol 11 (1) ◽  
pp. 51-55
1988 ◽  
Vol 82 (4) ◽  
pp. 828-830
Author(s):  
Edward M. Leigh

Plaintiff Zedan, an American citizen, brought suit in the United States District Court for the District of Columbia against the Kingdom of Saudi Arabia for breach of a contract guaranteeing wages and profits. While performance under the contract occurred in Saudi Arabia, plaintiff alleged that the jurisdictional requirements under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) were satisfied by a recruitment call in California from a representative of the royal overseer of a private Saudi company. The district court granted the Saudi motion to dismiss. On appeal, the United States Court of Appeals for the District of Columbia Circuit (per Silberman, J.) unanimously affirmed and held: (1) that the telephone call did not have the requisite substantiality of contact with the United States; (2) that it was not sufficient to form the basis of a cause of action; and (3) that the alleged breach did not have sufficient direct effect in the United States to satisfy the exceptions to immunity under the FSIA.


Elements ◽  
2009 ◽  
Vol 5 (1) ◽  
Author(s):  
Tim Mooney

Federalism has played an important role in the explosion of legalized gambling in the United States in the last two decades. Indian gaming, in particular, has challenged state and national governments to come to terms with the place of American Indian tribes within the federalist system and organize a meaningful framework for the expansion of gaming on tribal lands. Now largely controlled by a federal statutory framework, Indian gaming has left states in a subordinate position in negotiating the establisment of major casino enterprises within their own borders. Confusion in states' rights during negotiations has further weakened their bargaining position, leading to extensive tribal casino development. The cooperation between states and tribes and states and casino corporations have facilitated casino proliferation throughout the United States, a trend that appears destined to contiue until the market is fully saturated.


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