Friday November 20, 2009

School of Law

Kathryn R. L. Rand

Dean & Floyd B. Sperry Professor of Law,
Co-Director Institute for the Study of Tribal Gaming Law and Policy

rand@law.und.edu

Kathryn R. L. Rand

Kathryn Rand is the Dean and Floyd B. Sperry Professor of Law at the University of North Dakota School of Law. She will serve as Dean on an acting basis while Paul LeBel is the University's Vice President for Academic Affairs & Provost. Dean Rand teaches in the areas of constitutional law, civil rights, tribal gaming, and race, gender, and the law. She received her J.D. (cum laude) from the University of Michigan Law School in 1993 and her B.A. in Anthropology (summa cum laude) from the University of North Dakota in 1990.

Following law school, Dean Rand clerked for Justice Beryl Levine of the North Dakota Supreme Court and Chief Judge J.P. Stadtmueller of the United States District Court for the Eastern District of Wisconsin. She then served as an Assistant United States Attorney in the Eastern District of Wisconsin, where she prosecuted drug and violent crime and served as a tribal liaison to the Menominee Nation.

Along with Dr. Steven Andrew Light, Dean Rand is the co-director of the Institute for the Study of Tribal Gaming Law and Policy, a component of the Northern Plains Indian Law Center at the University of North Dakota School of Law. The Institute is the first university-affiliated research institute dedicated to the study of Indian gaming.

Dean Rand has published over 40 articles, essays, and book chapters on Indian gaming as well as sex equality, affirmative action, and environmental racism.  She is co-author of three books: Indian Gaming and Tribal Sovereignty: The Casino Compromise, Indian Gaming Law and Policy, and Indian Gaming Law: Cases and Materials. Dean Rand has twice testified on Indian gaming regulation before the U.S. Senate Committee on Indian Affairs and was featured on C-SPAN’s Book TV.  She is a member of the International Masters of Gaming Law and the Editorial Board of the Gaming Law Review.  Dean Rand writes a regular column on tribal gaming in Casino Lawyer and with Steven Light, blogs on Indian gaming at Indian Gaming Now.

EDUCATION
ACADEMIC APPOINTMENTS
SELECTED PUBLICATIONS
SELECTED PRESS AND MEDIA
RECENT CONFERENCES AND INVITED PRESENTATIONS
PROFESSIONAL MEMBERSHIPS AND EDITORIAL BOARDS
LEGAL EXPERIENCE
COURSES TAUGHT

 

EDUCATION

Juris Doctor, cum laude
University of Michigan Law School
Executive Editor, University of Michigan Journal of Law Reform vol. 26

Bachelor of Arts, summa cum laude
University of North Dakota
Phi Beta Kappa

ACADEMIC APPOINTMENTS

University of North Dakota School of Law
Dean, since 2009
Associate Dean for Academic Affairs & Research (2008-2009)
Associate Dean for Academic Affairs (2004-2008)
Full Professor (2007-present)
Associate Professor (2003-2007)
Assistant Professor (2000-03)

Institute for the Study of Tribal Gaming Law and Policy
Co-Director (with Dr. Steven Andrew Light) (2002-present)

Northern Plains Indian Law Center
Interim Director (2003-04)

University of North Dakota
Women Studies Program Faculty Affiliate (2001-present)

University of Wisconsin-Milwaukee
Instructor, Criminal Justice Department (1997 - 1998)

SELECTED PUBLICATIONS

I. Books

Indian Gaming and Tribal Sovereignty: The Casino Compromise
Steven Andrew Light & Kathryn R.L. Rand
Lawrence, KS: University Press of Kansas, 2005

Indian Gaming Law: Cases and Materials
Kathryn R.L. Rand & Steve Andrew Light
Durham, NC: Carolina Academic Press, 2008

Indian Gaming Law and Policy
Kathryn R.L. Rand & Steven Andrew Light
Durham, NC: Carolina Academic Press, 2006

II. Congressional Testimony

Statement Before the U.S. Senate Committee on Indian Affairs, Oversight Hearing on the National Indian Gaming Commission (2008) (in pdf format)
Kathryn R.L. Rand & Steven Andrew Light

Statement Before the U.S. Senate Committee on Indian Affairs, Oversight Hearing on the Regulation of Indian Gaming (2005) (in pdf format)
Kathryn R.L. Rand & Steven Andrew Light

III. Book Chapters and Essays

Kathryn R.L. Rand, State Law, State Politics, and State Courts: Indian Gaming and Intergovernmental Relations, in Enfranchising Indian Country: The Politics and Organization of Native American Gaming Interests (Tracy A. Skopek & Kenneth N. Hansen eds., Reno: University of Nevada Press, forthcoming 2009)

Kathryn R.L. Rand & Steven Andrew Light, The Moral Landscape of Indian Gaming: Is It Any Different?, in Gambling and the American Moral Landscape (Alan Wolfe & Erik Owens ed., forthcoming 2009)

Steven Andrew Light & Kathryn R.L. Rand, Within Boundaries: Indian Gaming in North Dakota, in Gambling, Space, and Time (Pauliina Raento & David Schwartz, eds., Reno: University of Nevada Press, forthcoming 2009)

Kathryn R.L. Rand, Native American Gaming, in Encyclopedia of Race, Ethnicity, and Society (Richard T. Shaefer ed., Thousand Oaks, CA: SAGE, 2008)

Kathryn R.L. Rand & Steven Andrew Light, North Dakota, in International Casino Law (William Thompson & Anthony Cabot, eds., Reno: Institute for the Study of Gambling and Commercial Gaming, 2007)

IV. Peer-Reviewed Journal Articles

Kathryn R.L. Rand, The Development of Indian Gaming in Canada and the U.S., 6 J. Aboriginal Econ. Dev. (forthcoming Fall 2008) (book review)

Kathryn R.L. Rand, Alan P. Meister, & Steven Andrew Light, Questionable Federal “Guidance” on Off-Reservation Indian Gaming: Legal and Economic Issues, 12 Gaming L. Rev. 194 (2008)

Steven Andrew Light & Kathryn R.L. Rand, The “Tribal Loophole”: Federal Campaign Finance Law and Tribal Political Participation After Jack Abramoff, 10 Gaming L. Rev. 230-39 (2006)

Kathryn R.L. Rand & Steven Andrew Light, Teaching Race Without a Critical Mass: Reflections on Affirmative Action and the Diversity Rationale, 54 J. of Legal Educ.  316-34 (2004)

Kathryn R.L. Rand & Steven A. Light, Raising the Stakes: Tribal Sovereignty and Indian Gaming in North Dakota, 5 Gaming L. Rev. 329-40 (2001)

Steven A. Light & Kathryn R.L. Rand, Are All Bets Off? Off-Reservation Indian Gaming in Wisconsin, 5 Gaming L. Rev. 351-63 (2001)

Kathryn R.L. Rand, At Odds? Perspectives on the Law and Politics of Indian Gaming, 5 Gaming L. Rev. 297-98 (2001) (introduction to special issue on Indian gaming)

V. Law Review Articles

Alan Meister, Kathryn R.L. Rand, & Steven Andrew Light, Indian Gaming and Beyond: Tribal Economic Development and Diversification, 54 S.D. L. Rev. 375 (2009) - Abstract

Steven Andrew Light & Kathryn R.L. Rand, The Hand That’s Been Dealt: The Indian Gaming Regulatory Act at 20, 56 Drake L. Rev. 413 (2009) - Abstract

Kathryn R.L. Rand, Caught in the Middle: How State Politics, State Law, and State Courts Constrain Tribal Influence Over Indian Gaming, 90 Marq. L. Rev. 971 (2007)

Kathryn R.L. Rand & Steven Andrew Light, How Congress Can and Should “Fix” the Indian Gaming Regulatory Act: Recommendations for Law and Policy Reform, 13 Va. J. Soc. Pol’y & L. 396-473 (2006)

Steven Andrew Light, Kathryn R.L. Rand, & Alan Meister, Spreading the Wealth: Indian Gaming and Revenue Sharing Agreements, 80 N.D. L. Rev. 657-69 (2004)

Steven Andrew Light & Kathryn R.L. Rand, Reconciling the Paradox of Tribal Sovereignty: Three Frameworks for Developing Indian Gaming Law and Policy, 4 Nev. L.J. 262-84 (2004)

Kathryn R.L. Rand, There Are No Pequots on the Plains: Assessing the Success of Indian Gaming, 5 Chapman L. Rev. 47-86 (2002)            

Kathryn R.L. Rand & Steven A. Light, Virtue or Vice?  How IGRA Shapes the Politics of Native American Gaming, Sovereignty, and Identity, 4 Va. J. Soc. Pol’y & L. 381-437 (1997)

SELECTED PRESS AND MEDIA

I. Television and Radio

Which Way L.A.?, “Indian Tribal Membership, Tribal Sovereignty, and Gaming Money,” KCRW (NPR affiliate in Santa Monica, CA), June 18, 2007

Justice Talking, “Casino Gambling: The Answer for Cash-Strapped States?”, National Public Radio, Mar. 7, 2007

Special Edition Saturday, WATR Radio (Hartford, CT), Apr. 15, 2006

Indian Gaming and Tribal Sovereignty: The Casino Compromise (Feb. 3, 2006) (presentation taped forC-SPAN’s Book TV, aired Feb. 12 and Mar. 19, 2006)

Hear It Now (North Dakota Public Radio broadcast, Nov. 15, 2005) (featured interview to discuss Light & Rand, Indian Gaming and Tribal Sovereignty: The Casino Compromise)

II.  Newspaper

James P. Sweeney, Voter-Backed Gaming Deal with Sycuan in Jeopardy, San Diego Union-Tribune, Aug. 6, 2008 (quote about validity of tribal-state compact)

Mary Ellen Klas, Card Games Continue at Seminole Casino, Despite Ruling, Miami Herald, July 20, 2008 (quotes about enforcement of state supreme court decision invalidating tribal-state compact provisions)

Stephanie Vosk, Land-Trust Ruling Re-Opens Old Wounds, Cape Cod Times, Feb. 29, 2008 (quotes about Interior Department’s guidance memo on off-reservation gaming)

Victor Whitman, Indian Casinos Here All But Dead, Times Herald-Record (Middleton, NY), Feb. 10, 2008

Boston Daily: Deval Patrick Was for Gaming Before He Was Against It, Boston Magazine, Feb. 7, 2008 (quote about state opposition to tribal gaming)

Kyle Alspach, Tribe’s Middleboro Casino Plan May Hit Roadblock, The Enterprise (Brockton, MA), Jan. 16, 2008 (quotes on implications of Interior Department’s guidance memo on Mashpee Wampanoag land-into-trust application)

Ben Boulden, Bureau Rejects Tribe’s Application, Times Record (Fort Smith, AR), Jan. 15, 2008 (quote on BIA’s rejection of several land-into-trust applications, including for the United Keetoowah Band)

George Brennan, Tribe Gambling on Federal Agency, Cape Cod Times, Nov. 4, 2007 (quote about timing of BIA decision on tribe’s land-into-trust application)

Boston Daily: Mashpees Go Off Patrick’s Reservation, Boston Magazine, Oct. 26, 2007 (quote on politics of “reservation shopping”)

Boston Daily: Indian Trump Card, Boston Magazine, Oct. 16, 2007 (quote about Donald Trump’s involvement in Indian gaming)

Amy Driscoll, Seminoles Keep Gaming Suit Alive, Miami Herald, Sept. 24, 2007 (quote about effect of U.S. Court of Appeals for the Fifth Circuit decision on pending lawsuit by Seminole Tribe against Florida)

Jon Burstein, State, Seminole Tribe Down to “Nitty Gritty” on Vegas-Style Slots, South Florida Sun-Sentinel, Aug. 20, 2007 (quote about ongoing tribal-state gaming compact negotiations)

Arnold M. Knightly, New York Tribe Seeks $3 Billion from Harrah’s Entertainment, Las Vegas Review-Journal, July 19, 2007 (quote about enforcement of tribal court judgment in gaming-related case)

Mark Coulton, How Blackjack Saved the Tribe, Syndey (Australia) Morning-Herald, July 15, 2007 (extensive quotes on the history of Indian gaming in the U.S.)

James P. Sweeney, Indian Tribe Settles with State on Reporting Political Donations, San Diego Union-Trib., July 7, 2007 (quote about Indian gaming’s impact on tribal-state relations)

Amy Driscoll, Crist Is Open to Deal with Tribe, Miami Herald, Apr. 8, 2007 (quote about tribal-state revenue sharing and gaming compact negotiations)

 

RECENT CONFERENCES AND INVITED PRESENTATIONS

Symposium on the 20th Anniversary of the Indian Gaming Regulatory Act,
Sandra Day O’Connor College of Law at Arizona State University
October 17, 2008, in Tempe, AZ

Drake Law School Gaming Law Symposium
“20 Years of Gaming Under IGRA.”
September 12, 2008, in Des Moines, IA

Tribal Sovereignty: Legal Trends and Directions, Columbus School of Law at Catholic University of America
“Tribal Sovereignty and Indian Gaming.” 
Presented Mar. 12, 2008, in Washington, DC

2008 Annual Meeting of the Southwestern Political Science Association
“Morality Policymaking and Indian Gaming.” 
Presented Mar. 14, 2008, in Las Vegas, NV

Gambling and the American Moral Landscape, Boisi Center for Religion and American Public Life, Boston College, “Moral Policymaking and Indian Gaming: Negotiating a Different Terrain.” 
Presented Oct. 25, 2007, in Boston MA (with Dr. Steven Andrew Light).

2007 Annual Meeting of the Western Political Science Association
“Why State Law Matters: Indian Gaming and Intergovernmental Relations in Wisconsin.” 
Presented Mar. 8, 2007, in Las Vegas, NV

Annual Watkins Endowed Lecture, East Central University
“Indian Gaming and Tribal Sovereignty: The Casino Compromise.” 
Presented Oct. 9, 2006, in Ada, OK (with Dr. Steven Andrew Light). 

13th International Conference on Gambling and Risk-Taking
“Indian Gaming and Tribal Sovereignty: The Casino Compromise”
(one of two special symposium sessions featured at conference). 
Presented May 24, 2006, in Tahoe, NV

13th International Conference on Gambling and Risk-Taking
“How Congress Can and Should Fix the Indian Gaming Regulatory Act.” 
Presented May 25, 2006, in Tahoe, NV

Facilitator, Walking on Common Ground,
2005 National Gathering for Tribal-Federal-State Court Relations
Group facilitator for multi-jurisdictional conference on tribal court development and intergovernmental relations. 
July 27-29, 2005, in Green Bay, WI

2005 Annual Meeting of the Law and Society Association

“‘Shake-and-Bake Tribes,’ ‘Special Interests,’ and ‘Scam Artists’: How Public Discourse on Indian Gaming Shapes Law and Policy.” 
Presented June 4, 2005, in Las Vegas, NV

BingoWorld Conference
“Class II Bingo: The Battle for the Bright Line – Legal Implications.” 
Presented Mar. 5, 2008, in Las Vegas, NV

CasinoFest 3
“Native American Gaming Overview.” 
Presented May 15, 2007, in Prior Lake, MN

Bingo.II Conference on Class II Gaming
“Legal and Regulatory Update.” 
Presented Mar. 7, 2006, in Las Vegas, NV

PROFESSIONAL MEMBERSHIPS AND EDITORIAL BOARDS

Board of Editors, Gaming Law Review

Associate Member (Educator), International Masters of Gaming Law

LEGAL EXPERIENCE

United States Attorney's Office, Eastern District of Wisconsin
Assistant United States Attorney (1998-2000)

Hon. J.P. Stadtmueller, United States District Court, Eastern District of Wisconsin
Law Clerk to Chief Judge J.P. Stadtmueller (1994-98)

Hon. Beryl J. Levine, North Dakota Supreme Court
Law Clerk to Justice Beryl J. Levine (1993-94)

COURSES TAUGHT

Current Academic Year
Constitutional Law I: Institutional Powers and Constraints
Constitutional Law II: Civil Rights and Civil Liberties

Previously Taught
Civil Rights Litigation
Race, Gender, and the Law
Employment Discrimination
Indian Gaming Law
Constitutional Liability of Police and Correctional Officers (UW-Milwaukee)