VII. Major Shifts in the Negotiation Landscape

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Given the enormous success of Foxwoods, tribes from all over the United States began to push for gaming compacts. Sometimes those compacts came easily, and other times the states were obstructionist. Each side also made moves "away from the table" either to improve their position or to worsen the other sides' BATNA. One portion of IGRA that gained scrutiny and created immediate conflict between states and tribes was the "good faith bargaining" provision. Since that section of IGRA forced states to the negotiating table, altering that requirement was a logical area for a state to focus its strategic efforts.

A. Seminole Tribe v. Florida. (476) The States Adjust Their BATNAs

In September 1991, the Seminole Tribe of Florida sued the State of Florida, alleging "that respondents had 'refused to enter into any negotiation for inclusion of [certain gaming activities] in a tribal-state compact,' thereby …