Today, the Supreme Court hears arguments about (1) the role of federal courts in private arbitrations and (2) the Indian Gaming Regulatory Act:
(1) BG Group, PLC v. Republic of Argentina [see our preview at http://www.law.cornell.edu/supct/cert/12-138]
- Does an arbitrator or a court decide whether a precondition to arbitration has been satisfied?
- To what extent can federal courts review such decisions?
(2) Michigan v. Bay Mills Indian Community [see our preview at http://www.law.cornell.edu/supct/cert/12-515]
- Can a federal court exercise jurisdiction over a state suit alleging violations of the Indian Gaming Regulatory Act where the gaming activity is not located on Indian lands?
- Does tribal sovereign immunity bar a state from suing a tribe in federal court for violations of the Indian Gaming Regulatory Act?