Professor I. Nelson Rose quoted by Fresno Bee on North Fork casino negotiations

The Fresno Bee, April 3, 2015

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Once the compact selection is done, North Fork officials say, that will end the process under federal law and casino construction could get underway.

But a prominent gaming lawyer is not so sure. While recognizing the tribe is within its rights to seek mediation, I. Nelson Rose, author, law professor and owner of the website gamblingandthelaw.com, said the case won’t likely end with a Department of the Interior decision.

“It’s almost never used,” Rose said of the mediation request, “but that is exactly what they are supposed to do.”

It could raise some tricky scenarios, Rose said, because of the election rejecting the compact and the duties of the governor.

“It’s very possible a judge might rule that the governor can’t negotiate because the people said ‘you can’t negotiate,’ ” he said.

No matter what the results of the potential mediation, more legal maneuvers are almost definite, he said.

“What this really means is years of litigation,” Rose said. “It doesn’t matter because somebody will then sue their opponents on the grounds that this act of Congress is overruling the people of California. Now, you are ending up with a case that could end up at the U.S. Supreme Court.”

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