Federal & Indian Gaming Law

678-1001

Syllabus, Policies, and Procedures

Professor Gemignani

Spring 2024

Time:  7:25 – 8:50 am/pm

Days of the Week: M – W

Classroom # or Online Learning Platform: BSL / Zoom (TBD)

Phone:  702-809-3554

Email Address: ggemignani@gmail.com

Office Hours

Available upon request

Course Description

The gaming industry operates in a highly regulated environment that includes federal statutes, state statutes, federal regulation, tribal-state compacts, tribal ordinances and tribal regulations.  This course will cover a broad range of topics addressing federal law impacts on on commercial, state and tribal gaming.

Required and/or Recommended Books & Materials

Course materials will be distributed by e-mail and also made available through the class website, www.federalgaminglaw.com.

Asynchronous (online at times that work for you) will be available through YouTube.  Links to YouTube videos will be listed on  www.federalgaminglaw.com   Each pre-recorded video will have an accompanying quiz or assignment that must be turned in the week of the assignment to get credit toward your grade.

Other course materials include:

• The Nevada Gaming Control Act, Regulations of the Nevada Gaming Commission, and gaming license application forms and related documents.  Class members may access these materials at the Nevada State Gaming Control Board website, http://gaming.nv.gov/.   
• Federal Statutes, in particular Title 18 of the U.S. Federal Code, available at, https://uscode.house.gov/browse/prelim@title18/part1&edition=prelim 

Other course materials will be provided without charge and will be provided through e-mail or in class and may be in pdf, HTML, or MP3 format.  

Learning Outcomes for the Course

This course will focus on how technological innovations and developments are impacting laws and regulations that are unique to regulated gaming.

Grading/Participation/Exams

Grades will be based 95%-100% on the exam and up to 5% on class exercises, class participation.  This mix may be adjusted after the first class, based upon class preferences.  Grading will adhere to the Boyd Law School Student Policy Handbook.

The final examination will be open-book and open-note.  The exam will include multiple choice and written essay questions on any topic discussed in class or contained in materials provided by the instructors

William S. Boyd School of Law

The Remote Law Classroom & Zoom Etiquette 

This course is intended for in-person learning.  However, given the public health challenges of the last two years, there is a very real chance the class will move to a remote course to promote efforts of public health officials to limit public health risks.

In the event of a public health issue, this class may move to a remote based course, meaning that there are no in-person meetings and all course meetings will occur virtually.  This course, however, is not an online, self-paced, asynchronous course.  Students are expected to keep pace with readings and assignments throughout the semester and to attend virtual classes.  

You should have your camera on during live online sessions. I understand that attending class remotely from home presents challenges for students with family responsibilities. If you need to tend to a family-related issue, please remember to mute yourself, and feel free to temporarily turn off your camera until you are able to return your focus to class. You may petition for an exception to this camera requirement.

You should behave in class much as you would in court or in-person. In particular, students should:

• Treat each other with respect.
• Be on time.  Students should not leave a class session early unless they are in desperate discomfort or must tend immediately to a crisis.  
• Students should not read other material, check email, message/chat or surf the web while in a class session.  
• Dress appropriately and consider your location and what is viewable in your camera.

Public Health 

Students must adhere to all UNLV public health directives and follow guidance and directions communicated by the Boyd School of Law. Students who do not comply with these policies may be asked to leave the classroom. Refusal to follow the guidelines may result in further disciplinary action according to the UNLV Student Conduct Code, including being administratively withdrawn from the course. The health situation in Southern Nevada may change and new directives and guidelines issued. 

Students must keep apprised of health directives issued by the University (which will be posted at https://www.unlv.edu/coronavirus/health-requirements) and pay attention to communications from the law school administration.

More information about COVID-19 and the University’s and law school’s responses may be found at https://www.unlv.edu/coronavirus and https://law.unlv.edu/coronavirus. 

The law school strongly encourages all of its students to receive the vaccination, including the booster shot, against Covid-19.

This syllabus was drafted in the context of the health situation in Clark County in 2022. Given the uncertainty of the COVID-19 pandemic, law school courses are subject to adjustment in line with the conditions affecting the community, University, law school or this particular section or class. Such an adjustment could include shifting in-person courses to fully remote delivery. If that becomes the case, notice of and details for that change will be provided. In general, should public health circumstances change, corresponding changes to the syllabus may be necessary as well. 

Attendance (Student Policy Handbook, 4.02a)

Per Student Policy Handbook, 4.02a, regular and punctual attendance at all synchronous class meetings is required. Because law school is a collaborative learning experience, attendance in class benefits all students. Further, course material is cumulative, meaning that each successive class builds upon material previously covered. Students who fail to attend class meetings will be at a disadvantage. Students are responsible for obtaining any and all information given, materials distributed, and assignments made, during missed classes.

The attendance policy in this course does not distinguish excused or unexcused absences. A student who misses more than 5 class meetings may not receive credit for the course. Students who expect to miss more than 5 class meetings should contact the professor as soon as possible to discuss alternative arrangements. Regular and punctual class attendance is required for this course.

Policy on Recording Classes (Student Policy Handbook, 6.02)

No student may audio-record or video-record any class, or arrange for it to be recorded, without the permission of the course instructor. Course instructors may allow or disallow recording on such occasions and on such terms as they deem advisable. The instructor may rescind permission anytime during the course. The recording policy is subject to exception necessary to provide students with accommodations under the Americans with Disabilities Act. 

Coursework Policy (Student Policy Handbook, 2.02)

Pursuant to ABA standards, J.D. students are expected to spend 42.5 hours of combined in-class and out-of-class work for each academic course credit received. 

Academic Success Program/CASE

The Boyd Academic Success Program assists students in removing barriers to academic success.  

This includes reviewing past exams, giving sample exams or hypotheticals, evaluating study habits, and assisting with time and stress management issues. The Academic Success Program also provides a series of pre-bar exam lectures to assist in preparing to take the bar, as well as opportunities for thoughtful feedback and individualized assistance in bar preparation through the bar prep period. 

Law Library Resources

The Wiener-Rogers Law Library provides resources to support students’ access to information. Reference librarians are available for consultation in person or by phone or email. For library services and resources, see Library Resources.

Academic Misconduct

Acceptance to the William S. Boyd School of Law (the Law School) represents much more than admission to the study of an intellectual discipline. The privilege of admission comes with a unique set of responsibilities, not only to fellow students, but to the Law School, to the legal profession, and to the public. The legal profession demands the highest degree of trustworthiness, honesty and public integrity. As future members of that profession, students of the Law School are bound to observe principles that reflect the same high standards that govern the practice of law. This Student Honor Code (the Honor Code) sets forth conduct that is prohibited, and it establishes minimum standards for student professional responsibility. The standards of conduct in the Honor Code are in addition to the standards set forth in the UNLV Student Conduct Code and the Law School Student Policy Handbook. Violations of the Honor Code will be subject to the procedures and sanctions of the Honor Code. 

Academic integrity is a legitimate concern for every member of the University community. We all share in upholding the fundamental values of honesty, trust, respect, fairness, responsibility, and professionalism. By choosing to join the UNLV community, students accept the expectations of the Student Academic Misconduct Policy, and are encouraged to always take the ethical path whenever faced with choices.

Students enrolling at UNLV assume the obligation to conduct themselves in a manner compatible with UNLV’s educational mission. An example of academic misconduct is plagiarism. Plagiarism is using the words or ideas of another person, from the Internet or any other source without proper citation of the source(s). See the Student Conduct Code.

University of Nevada, Las Vegas

Classroom Conduct

Students have a responsibility to conduct themselves in class and in the libraries in ways that do not interfere with the rights of other students to learn, or of instructors to teach. Use of devices such as cellular phones and pagers, or other potentially disruptive activities are only permitted with the prior explicit consent of the instructor. Students are specifically prohibited to record classes without instructor authorization, including online/remote classes (either audio only, or video and audio). The instructor may rescind permission at any time during the class. If a student does not comply with established requirements or obstructs the functioning of the class, the instructor may initiate an administrative withdrawal of the student from the course.

Since the COVID-19 pandemic forced some instruction to be delivered remotely starting in Spring 2020, numerous students have asked instructors to record their synchronous classes, so that they can access them at their convenience. Instructors who agree to record their classes (audio only, or video and audio) should inform students in advance. Recorded lectures may not be broadly released to anyone, but made available exclusively to those students enrolled in the class during the particular academic term. Recorded lectures must be stored securely, and are subject to the Nevada 

System of Higher Education’s Records Retention Policy, meaning that the recordings can only be deleted 120 days after the end of class (i.e., after grades are posted). Once this requirement is met, the recordings should be deleted. Class recordings are protected from disclosure, as they are deemed part of an educational record under the Family Educational Rights and Privacy Act (FERPA).

Copyright

The University requires all members of the University Community to familiarize themselves with, and to follow copyright and fair use requirements. You are individually and solely responsible for violations of copyright and fair use laws. The University will neither protect nor defend you, nor assume any responsibility for student or employee violations of fair use laws. Violations of copyright laws could subject you to federal and state civil penalties and criminal liability, as well as disciplinary action under University policies. Additional copyright policy information is available at https://www.unlv.edu/provost/copyright.

Disability Resource Center (DRC)

The UNLV Disability Resource Center (Student Services Complex, SSC-A, Room 143, telephone 702-895-0866) provides resources for students with disabilities. 

Students who believe that they may need academic accommodations due to a permanent disability, temporary or permanent medical need, or academic support due to pregnancy are encouraged to contact the DRC as early as possible in the academic term. A Disabilities Specialist will discuss what options may be available to you. Students who are already registered with the DRC should request their accommodations online each semester, and make an appointment to discuss their accommodations with their instructors.

Final Examinations

The University requires that final exams given at the end of a course occur on the date and at the time specified in the Final Exam schedule. The Final Exam schedule is typically available at the start of the semester, and the classroom locations are available approximately one month before the end of the semester. See the Final Exam Schedule.

Identity Verification in Online Courses

All UNLV students must use their Campus-issued ACE ID and password to log in to WebCampus-Canvas. UNLV students enrolled in online or hybrid courses are expected to read and adhere to the Student Academic Misconduct Policy, which states that “acting or attempting to act as a substitute for another, or using or attempting to use a substitute, in any academic evaluation or assignment” is a form of academic misconduct. Intentionally sharing ACE login credentials with another person may be considered an attempt to use a substitute, and could result in investigation and sanctions, as outlined in the Student Academic Misconduct Policy. 

UNLV students enrolled in online courses are also expected to read and adhere to the Acceptable Use of Computing and Information Technology Resources Policy, which prohibits sharing university accounts with other persons without authorization. To the greatest extent possible, all graded assignments and assessments in UNLV online courses should be hosted in WebCampus-Canvas or another UNLV-managed platform that requires ACE login credentials for access.

Missed Classwork

Any student missing class, quizzes, examinations, or any other class or laboratory work because of observance of religious holidays will be given an opportunity during that semester to make up the missed work. The make-up opportunity will apply to the religious holiday absence only. It is the responsibility of the student to notify the instructor within the first 14 calendar days of the course for Fall and Spring courses (except for modular courses), or within the first 7 calendar days of the course for Summer and modular courses, of their intention to participate in religious holidays which do not fall on state holidays or periods of class recess. For additional information, please visit the Missed Classwork policy, under Registration Policies, on the Academic Policies webpage.

Rebelmail

Rebelmail is UNLV’s official email system for students and by University policy, instructors and staff should only send emails to students’ Rebelmail accounts. Rebelmail is one of the primary ways in which students receive official University communications, information about deadlines, major Campus events, and announcements. All UNLV students receive a Rebelmail account after they have been admitted to the University. Sending emails within WebCampus-Canvas is also acceptable.

Diversity Statement

As an institution of higher learning, UNLV represents a rich diversity of human beings among its faculty, staff, and students, and is committed to aspiring to maintain a Campus environment that values that diversity. Accordingly, the University supports understanding and appreciation of all members of its community, regardless of race, sex, age, color, national origin, ethnicity, creed, religion, disability, sexual orientation, gender, gender identity, marital status, pregnancy, genetic information, veteran status, or political affiliation. Please see University Statements and Compliance.

A successful learning experience requires mutual respect and trust between the students and the instructor. Accordingly, the instructor asks that students be willing to listen to one another’s points of view, acknowledging that there may be disagreements, keep discussion and comments on topic, and use first person, positive language when expressing their perspectives.

*** Continue to the Next Page for Class Assignments ***

Initial Class Topics:  

CLASS TOPICS MAY CHANGE AND SCHEDULES MAY BE REVISED TO ACCOMMODATE CLASS REQEUSTS, GUEST SPEAKERS, CURRENT EVENTS and CLASS PROGRESS.