States haven't been particularly energetic in imposing these legal guidelines, possibly because of a conflict with the dormant Commerce Clause doctrine. That doctrine theorizes that state legislation applying to commerce outdoors the state’s borders is unconstitutional as a result of that power lies with federal, not state, government. Specifically, federal preemption has obstructed states’ makes an attempt to regulate gambling exercise 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 playing activity on Indian reservations, however the extent to which it and other federal playing legal guidelines preempt state motion in the Internet arena is uncertain.

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