States haven’t been notably lively in implementing these laws, possibly attributable to a battle with the dormant Commerce Clause doctrine. That doctrine theorizes that state regulation applying to commerce exterior the state’s borders is unconstitutional as a result of that energy lies with federal, not state, government. In particular, federal preemption has obstructed states’ attempts to regulate playing activity on Indian reservations within state borders. See Missouri ex rel. Nixon v. Coeur D’Alene Tribe, 164 F.3d 1102 (8th Cir. 1999). The federal Indian Gaming Regulatory Act, 25 U.S.C. § 29 (2000), governs gambling exercise on Indian reservations, however the extent to which it and different federal gambling laws preempt state action in the Internet enviornment is unsure.
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