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Tribal gaming regulators and the Secretary of the Interior are almost certain to encounter new creative notions of what can be negotiated in Compacts.
Financial concessions in return for some form of gaming "exclusivity" was invented in Connecticut so that the Foxwoods Casino could offer slots since expanded to include the Mohegan Sun Casino.
Since then, there has been a never-ending search by states for ways to tap into the tribal casino revenue stream. The Rincon case may have arisen out of an extreme set of demands in California, but it is a wake-up call for the entire industry.
Scrutiny of revenue-sharing proposals almost certainly will become more intense. The Ninth Circuit noted that the Schwarzenegger Compact approvals at the Department of the Interior were done "reluctantly" and only after the "tribes themselves confirmed the desirability of the amendments.
Tribes were willing to compromise in return for what they desperately needed on the gaming floor, and the Interior accepted what it conceded might not be consistent with the law.
Those days may be nearing an end, and we have the Californians to thank. They're back! Another chapter in the case of Wells Fargo Bank, N.
Lake of the Torches Economic Development Corp. WI Jan. The Wells Fargo litigation has been the subject of a great deal of attention throughout Indian Country.
Indeed, the Indian gaming industry has carefully followed the story since the U. The Court found that the Trust Indenture constituted a management contract which was executed without approval from the National Indian Gaming Commission "NIGC" — as such the entire Indenture including the waiver was null and void.
Eager to turn the page on that decision, on February 8, , Wells Fargo filed a motion to alter or amend the Court's January 6 Order and for leave to file an amended complaint.
Wells Fargo , No. WI April 23, Order and Decision. The following discussion provides a synopsis of the Court's April 23 Order and Decision.
In its Motions, Wells Fargo argued that the Court committed clear error when it found that the Trust Indenture was a management contract and therefore null and void for want of NIGC approval.
At the outset, the Court flatly refused to revisit the substance of its management contract analysis, noting that the Bank failed to cite any controlling precedent demonstrating that the Court committed clear error.
However, the Court did assess the Bank's arguments with respect to the severability or lack thereof of the Indenture provisions that implicated "management.
The Bank asserted that the primary purpose of the Indenture was to secure repayment of the Bonds — not the management of the Tribe's gaming establishment — and therefore severance of the offensive "management provisions" would be proper.
But the Court rejected the Bank's contention, reasoning that, even if the management provisions could be severed, the remainder of the Indenture would nevertheless be null and void because the entire document constituted an unapproved management contract, leaving nothing left to enforce.
Furthermore, the provisions that the Bank sought to enforce — those governing "Event of Default" which included the appointment of a receiver — were among the provisions that the Court found to be management provisions.
Consequently, if the Court were to sever those illegal management provisions, the primary purpose of the Trust Indenture would be defeated. Such a result, the Court implied, would be contrary to the traditional principles governing severance of offensive contract provisions.
Finally, Wells Fargo asserted that the Court's ruling was premature in that the jurisdictional issue i. Under those circumstances, the Bank argued that the Court's dismissal of its Motion to Appoint a Receiver was akin to granting the EDC's "unfilled motion for summary judgment.
In particular, Wells Fargo took issue with the Court's consideration of the affidavit of Kevin Washburn. While the Court recognized that its ruling was unconventional, it found that it committed no clear legal error and noted that the Washburn Affidavit was "merely persuasive legal authority" that the Indenture was a management contract — as a matter of law not fact.
The Court found that the management contract issue was the primary issue before the Court and that issue was raised as a defense in the EDC's first set of motion papers.
Indeed, the Court concluded "the management issue was brought squarely and immediately before the Court" thus the Bank had ample opportunity to be heard.
In addition to its motion to alter or amend the judgment, Wells Fargo also sought to file an Amended Complaint, proposing to expand the scope of the allegations to include claims brought pursuant to all the documents generated during the bond transaction — including the Bonds themselves.
Apparently, the Bonds like the Trust Indenture contained a provision that ostensibly waived the EDC's sovereign immunity. The Bank argued that the Bonds and related transaction documents were not void, even if the Indenture was, because they were merely "collateral agreements" to the Trust Indenture.
The Court rejected the Bank's contentions, finding that its determination that the Trust Indenture is a management contract meant that the entire transaction including those documents the Bank identified as "collateral agreements" was subject to the NIGC management contract approval process.
As such, the parties should have submitted all the documents to the NIGC for review and their "failure to procure NIGC approval in the first instance renders all the collateral agreements void ab initio.
The Court explained that the two documents, the Bonds and the Trust Indenture, were so highly interconnected that it was "hard to imagine" one existing without the other.
In fact, the Court noted that the Bond incorporated the terms of the Trust Indenture by reference. Accordingly, the Bonds and the Trust.
Indenture together reflected the parties' intention for the trustee to exert managerial control over the gaming operation in the event that the EDC defaulted.
As to Wells Fargo's remaining claims, which sounded in tort and equity, the Court found that those arguments were dependant on the legality and validity of the bond transaction.
As result of the Court's finding that the bond transaction was null and void, any waiver of sovereign immunity contained in a collateral document thereto is also null and void.
In a press release following the Order, Lac Du Flambeau Tribal President Jerome "Brooks" Big John stated, "this significant victory confirms the strength of the Tribe's legal position and provides the [Tribe] with further confidence in the Tribe's ability to manage Tribal operations in support of the Tribal membership.
There is little doubt as to where the parties to the Wells Fargo litigation stand. But questions remain as to how this decision will ultimately affect the financing of Indian gaming projects.
Of course, the credit crunch and the state of the economy have taken their toll on the Indian gaming industry, and it seems obvious that this decision could only serve to make cautious investors even more so.
Could the Wells Fargo litigation have a more concrete impact on the evaluation of management contracts? The Court's discussion of the relationship between NIGC review and approval of management contracts and collateral agreements thereto certainly implies that it may.
Although the Court's discussion on this point is not entirely clear, the Court suggests that the failure to submit a collateral agreement to the NIGC for review may, by that fact alone, render the collateral agreement void.
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Whittlesey At a time when gaming in Wisconsin, Alabama, and Florida has been dominating Indian gaming news, California's problems suddenly are back on everyone's mind.
The result is that the Governor and state legislature currently have control over very little of the state's budget and are in a continuing search for new sources of revenue.
The Broad Impact of Rincon For casinos in California, the financial community likely will experience a positive impact, since there is the prospect that tribes will find it feasible to pursue previously unrealistic gaming expansion which now becomes economically viable in the absence of financial concessions to the State.
Leave to File Amended Complaint — Denied In addition to its motion to alter or amend the judgment, Wells Fargo also sought to file an Amended Complaint, proposing to expand the scope of the allegations to include claims brought pursuant to all the documents generated during the bond transaction — including the Bonds themselves.
Accordingly, the Bonds and the Trust Indenture together reflected the parties' intention for the trustee to exert managerial control over the gaming operation in the event that the EDC defaulted.
Moving Forward In a press release following the Order, Lac Du Flambeau Tribal President Jerome "Brooks" Big John stated, "this significant victory confirms the strength of the Tribe's legal position and provides the [Tribe] with further confidence in the Tribe's ability to manage Tribal operations in support of the Tribal membership.
Footnotes 1 Dennis J. Michael Lipton, QC. Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes.
Hotel Lawyer: Is the hotel industry on the verge of salvation, or precipice of despair? We're hearing a great deal in the media right now about "wild," "outlandish," and "baseless" claims and whether people and courts will actually take them seriously.
The fight between the Trump administration and popular video-sharing social network TikTok continues on multiple fronts. Knobbe Martens.
Before Prost, Bryson, and Wallach. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email.
Register For News Alerts. Article Tags. DEC Construction Disputes: What Will Bring? This archive has free access for those who are interested in knowing more about the believer community in Mumbai.
The digital archive includes maps to give an idea of locations at which the footage was shot. The archive includes notes on the various locations and allows the researcher to view extended footage of interviews, prayer meetings, and various prayer activities.
The opinions expressed in this film are those of the participants and do not necessarily reflect the views of the Social Science Research Council or the John Templeton Foundation.
Lyon, where Parvez did her fieldwork, has been a center for political satire since the early s and the rise of the famous puppet character Guignol.
Parvez draws a distinction between Guignol and other satirical works that targeted privileged classes including Catholics and more recent satire that has targeted underprivileged minorities, like French Muslims.
She offers the example of Salafi Muslim women in Lyon, who are prevented from taking part in public life, due in large part to the discrimination they face since laws banning headscarves and burqas were passed over the last decade.
Rather, it simultaneously has the effect of dismissing and invalidating the persistent reality of aggression, harassment, and political and economic exclusions that have been plaguing French Muslims, especially women among the unemployed working-class.
You can read the full article here. Bringing interviews with scholars, professionals, and clergy members together with archival audio, the series is unique in its diverse approach to understanding what prayer is and the roles it plays.
Read more about the radio series and each episode here. Professor Hammer specializes in the study of American Muslims, contemporary Muslim thought, women and gender in Islam, and Sufism.
She reflects here on the topic of woman-led ritual prayers in Islam and the debate surrounding them. These include the integrity of the Islamic legal tradition, authority, gender justice, and the politicizing of Islam.
This is clearly an important issue. At the same time, it seems to us that we must be careful not to conflate the overall status and well-being of Muslim women across societies with their roles within religious ritual practice.
Juliane Hammer: In the book I argue that the debate about woman-led prayer is about more than the question of whether women can, should, or want to lead mixed gender congregations in prayer.
The answers that constitute the debate come from different actors and represent different perspectives. In other words, if women are not accepted as prayer leaders, what does that tell us about their status otherwise?
Do arguments about why women should not lead prayers, such as their menstrual cycle women are exempt from prayer during menstruation , the potential temptation that their bodies pose for men praying behind them, concerns about the legal validity of prayers performed behind a woman, etc.
Taken to its logical consequence, the debate about woman-led prayer is about what equality might mean and whether different interpretations of that idea i.
It is, of course, also possible to argue that God did not intend equality for the sexes in the social sphere. It is this distinction between the social and ritual spheres that some argue distinguishes prayers from other aspects of life, while others would say that congregational prayer is simultaneously a ritual and social act.
Thus, who can and cannot lead prayers is symbolic of both spheres. Although women may not deliver Friday khutbas in front of a congregation, they may write them and thereby communicate and lead via written format rather than oral.
Is this actually practiced in the U. Are these types of avenues embraced by Islamic feminists and activists, or are they viewed as limited in potential?
JH: In the debates outlined above, the two acts are often conflated but they are indeed two different religious acts.
There is some legal debate, and thus room, for women to lead at least other women in congregational prayer not Friday prayer , but traditional legal opinions do not under any circumstances allow women to offer the Friday sermon.
The two functions, to lead Friday prayer and to offer the khutba, are not always carried out by the same person either. While the practice of having women write a khutba and then having a male member of the community read it to the congregation was not part of my research, I have of course come across examples a few times, both in North America and in Germany.
Some of the women who do this argue that it is an approach that allows them to stay within their communities and affect gradual change.
I would estimate, though, that communities that accept this practice are in the minority; women and men who push for more radical change are often faced with the necessity of leaving their communities and building new ones that reflect agreement on these foundational questions.
In this case, the problem is not her intellectual ability or religious qualifications, but her physical and aural presence in front of the congregation.
More broadly, this is a question of the role of change in religious traditions. If that is the case, how do communities determine how much change and in which direction?
When do religious communities change so much that they disintegrate? And how much uniformity can one expect from a religious community of over a billion followers?
FP and MA: In many communities, women themselves will say that they desire women-only spaces, that such separation suits their norms and makes them more comfortable.
What is the relationship between this, on one hand, and the activism in support of mixed congregations and worship, on the other hand?
In fact, the initial prompt for Asra Nomani, the lead organizer of the woman-led Friday prayer in New York, was a change in the construction of the mosque she attended in Morgantown, West Virginia.
Thus, for the organizers and participants of the prayer event, the two issues are clearly connected.
It strikes me that the arguments about women-only spaces are not new. If one traces the study of Muslim women from the early twentieth century to the present, there was a period in the s in which the earlier condemnation of gender segregation made way for very interesting discussions of women-only spaces and single sex dynamics.
At the same time, this is also a younger version of feminist debates and critiques of the distinction between the public and the private spheres, and the ways in which exclusion from the former creates a power differential that is a product of patriarchy.
This, then, brings us full circle in our discussions of gender equality. What should communities do with those women who do not feel that way?
Can they be accommodated as well? In the episode, the small community at the center of the show debates a physical barrier between men and women in the prayer room.
After much discussion the imam arrives at a Solomonic solution: a partial barrier. Perhaps it helps to think of this as a spectrum and to think of different communal practices, and changes to such practices, as situated on this spectrum.
There are communities with a long history of shared prayer spaces and others that have long had separate spaces. It is also the case that Muslim women and men attend prayers and other events at mosques that have spatial arrangements they like, and they might stop going to a mosque whose gender management they do not agree with.
This is especially fraught when it comes to Islam. What have you seen to be the main barriers to sustaining a social movement?
JH: I would not want to think of the visibility of Muslim communities as a barrier to sustaining a movement. This is a version of the argument for not airing dirty laundry in public that has been used to slow or stop all kinds of social change.
In fact, as I argue in my book, the organizers of the prayer event intentionally utilized media interest to generate intra-Muslim conversation.
And that conversation or debate has certainly taken place under the gaze of non-Muslims in the form of various media. I do not think that media attention, or less positively, media bias, has prevented woman-led prayer from becoming a social movement.
I am not even sure that was the intent of the organizers. Rather, the prayer event reflected a certain momentum in terms of gender debate and provided that debate with some energy.
There are groups and communities in which women and men take turns leading prayers and offering khutbas, and there are communities where that took place before There are projects, initiatives, and networks of Muslims who work for changes to existing gender practices, including, but also beyond, prayer leadership.
And I find it very important to point out that change is directional. It is dangerous to present changes in gender practices as a trajectory towards progress in which Muslims both perpetually play catch up with non-Muslims and in which religion itself easily becomes disposable as part of what holds women back.
American Muslim communities produce discourses and practice their religion in a multitude of ways, while often claiming that their discourses and practices are universal and that there is a larger community of Muslims who need to all agree.
The reality is much more complex and in my view provides room for debate and for a diversity of practices and interpretations. FP and MA: Can we say that the struggle for woman-led prayers is a global phenomenon?
JH: I would say no, it is not a global phenomenon by any means. There have been woman-led prayers elsewhere in the world, again, both before and after March It feeds and is fed by such global conversations.
In an interesting way, the international responses to the event in also help us understand the complex relationship between American Muslims as American and as transnational and the ways in which discursive developments among American Muslims are perceived among other Muslims.
The organizers of the event were celebrated, but were also branded as agents of American imperialism, bent on undermining Islam and Muslim societies.
It is here that the significance and strategic location of American Muslims becomes most evident. The debate thus allowed for important reflections on the role of American Muslims in global Muslim landscapes.
She is currently working on a book project focusing on American Muslim efforts against domestic violence, and on a larger project exploring American Muslim discourses on marriage, family, and sexuality.
He calls it competitive amity. The Muslims have, of course, noticed that the Pentecostals are having great success in winning souls.
See the full posting at Psychology Today. As one might expect from a man who owns more than 8 million plastic bulbs attached to miles of rubber cording, Kenny has a lot to say about light.
He can speak with authority about the amps involved in putting on his display, and he knows that since he switched from incandescents to LEDs a few years ago, he can safely run forty strings of lights together from a single source, instead of only four or five.
Read the full story here. Quranic reading circles are common among women of many mosque communities. Recitation is linked to prayer because reciting chapters and verses from the Quran is part of the required daily prayers salat as well as to invocations, such as prayers for protection or healing.
For women, reading and memorizing chapters of the Quran, as opposed to salat, is unrestricted: they may do it with or without the hijab, and they may do so regardless of menstruation.
To some extent, these factors made our sessions more relaxed and intimate, despite the immense effort and work that reading and memorization demanded.
Beginning courses and study circles in my field site at the urban periphery of Lyon tend to focus on basic literacy.
Please join us February , , for panels and presentations on topics including religious technologies, embodiment, material culture, language, politics, and the mind.
Beginning Friday afternoon, the conference will also feature the Prayer Expo—a pop-up installation of multi-media presentations and material objects that call attention to the myriad representations of prayer shaping discourse and practice.
On Saturday, two plenary events will highlight the multiple registers of engagement occasioned by new, transdisciplinary research on the practice of prayer.
Registration is free, but space is limited. The word milad is the Urdu variation of the Arabic word, mawlid , meaning birth.
Muslims all over the world honor the date, but differently, according to local custom and, I argue , local politics. That year, , marked the height of public revelry celebrating Milad-un-Nabi.
Milad-un-Nabi thus became a public site for marking and demonstrating local political power, especially in the presence of opposition to policies like the reservations bill.
Prayer, in these fields, is often understood expansively, as a form of social interaction and sometimes-reciprocal communication that may provide solace and support, and can alter the body and mind.
But it is, less expansively, women who have been the primary portals for understanding the emotional effects of prayer.
The dominant focus on women, prayer and emotional health may reflect the popular associations between women and emotions, or the need for emotional management and support.
Sociological literature has largely taken up the question of why women are more religious than men. But sociologists of religion have also questioned assumptions and prior conclusions about gendered differences.
Why, this literature asks, are women so often attached to beliefs that appear antithetical to their own freedom?
Scholars describe, for example, Jewish women who wear prayer shawls traditionally worn only by men and how, in doing so, they simultaneously challenge and reproduce gender roles.
To note a different example that has attracted much attention, consider the controversial case of Muslim women leading Friday prayers at their mosques and how they seek to overcome gendered barriers and norms.
In some traditions, women often exercise agency despite gendered barriers, taking on leadership roles in their segregated spaces, as well as in esoteric religious practices, such as those aimed at healing others or removing afflictions from evil.
The task in the continuing study of gender and prayer is to observe and analyze the relevance of gender and power, but also to heed the critical insights that many feminist theorists have made, especially with regard to making problematic generalizations.
But by examining specific cases of prayer practices, we can better explore in what contexts, under what conditions, and according to whom, gender acquires meaning.
Gender plays a role, whether implicitly or explicitly, in many of the facets of prayer we discuss—whether it is prayer as a form of healing, warfare, politics, social solidarity, or a mechanistic bodily practice.
Deities, spirits, objects, and religious narratives often have different relationships to women than to men across religious traditions.
Some degree of gender segregation or gendered division of labor exists in many collective prayer practices, either with clear theological basis or in development with various structural contexts.
Thus, we find phenomena like U. We find prayer forms that reinforce hegemonic feminine and masculine norms; alternatively, we may also find prayer forms that redefine gender and aim to support feminist projects.
Most recently, we witness growing conversations about prayer and marginalized communities, including those who fall outside of the male-female binary that constructs much of our world.
I became interested in national prayer days after seeing that President Lincoln had called for national fasting, humiliation, and prayer at the beginning of the Civil War.
I wanted to see if other presidents had issued such strongly religious calls and when they stopped doing so. After looking at every presidential prayer proclamation, from Washington to Obama, I wrote a 2,word piece.
From Patheos :. Lincoln demanded a brand of repentance so intense and humble that it went by the name of humiliation. What are we asking for?
Three Buddhist teachers explore what prayer means in a nontheistic tradition and the best way to approach it in your practice.
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