And the scenario for the next such claim is coming from Indiana where state politicians are proposing federal legislation to block the Pokagon Band of Potawatomi Indians from expanding its casino empire from its reservation in the northern part of the state to newly acquired lands near South Bend. The tribe proposes to construct a $480 million project on lands that it claims qualify for gaming pursuant to specific provisions of IGRA. Whether the land does or does not quality for gaming has not been determined, but Indiana legislators do not want to take a chance on tribal success. Rather, they want immediate federal legislation blocking this single project without regard to legal or factual merit. … [Read more...] about Should There be a Legislative Solution to Disputed Indian Trust Applications?
Law professor Larry Lessig claims he was protected by the fair use doctrine when he showed copycat video clips of people dancing to the Phoenix song “Lisztomania,” report the Boston Globe and the National Law Journal (reg. req.). The copyright threat by Liberation Music was a bad-faith takedown notice that violated the Digital Millennium Copyright Act as well as his free speech rights, he alleges in the suit (PDF). … [Read more...] about Harvard law prof Lessig sues record company, claims copyright threat violated law
Firefly, which aired for four months in 2002 before the Fox Broadcasting Co. canceled it, a character named Jayne Cobb got a distinctive orange and yellow ski cap from his mother. Jayne, a rambunctious tough guy, loved the cap and wore it during the episode.Star Trek fans, take note—Firefly loyalists began knitting Jayne caps and selling them on the Internet. … [Read more...] about Wary copyright owners are cracking down on fan-created artworks
In Tohono O’odham Nation, Plaintiff, v. Douglas A. Ducey , 2015 WL 5475290 (D. Ariz. 2015), the Secretary of the Department of Interior (DOI) had approved a tribal-state compact (Compact) between the Tohono O’odham Nation (Nation) and Arizona state that permitted the Nation to operate four gaming facilities and required prospective gaming employees, contractors, and vendors to obtain certification from State. After the Compact was executed, the Nation purchased unincorporated land in Glendale, Arizona, located just west of Phoenix, and announced plans to use the land for a Class III gaming facility. The State sued, arguing that gaming on the Glendale land was not authorized by IGRA and violated the Compact’s ban on additional casinos in the Phoenix area. The State also asserted that the Nation committed fraud by agreeing with the State and the voters that there would be no more casinos in the Phoenix area, while secretly planning to acquire land and … [Read more...] about Indian Law Focus: October 2015
T.J. Oshie, Tom Wilson and Devante Smith-Pelly all scored in the first period to get the Capitals rolling against a determined Vegas team that has not found consistent answers against Holtby, who stopped 28 shots in another strong showing. The Golden Knights outchanced the Capitals by a wide margin but fell apart after James Neal clanked a shot off the post instead of hitting a wide-open net early, and the expansion team’s Cinderella run could be over in a matter of days. … [Read more...] about AP News in Brief at 12:09 a.m. EDT