Production Factors and Economic Success of Indian Gambling: A Case Study on the Harrah's Cherokee Casino Resort Franz Rothlauf, Claus-Peter H. Ernst, Rafaél Rivera Azañedo Working Paper 01/2014 March 2014 Working Papers in Information Systems and Business Administration Johannes Gutenberg-University Mainz Department of Information Systems and Business Administration D-55128 Mainz/Germany Phone +49 6131 39 22734, Fax +49 6131 39 22185 E-Mail: sekretariat[at]wi.bwl.uni-mainz.de Internet: http://wi.bwl.uni-mainz.de Abstract With a market share of about 43 percent and yearly revenues of about $28 billion in fiscal 2012, Indian casinos are a big player in the US gaming business. Following a resource-based approach, this study investigates possible factors that contribute to the economic success of Indian gaming. Indeed, the resource-based view claims that the economic success of a company is determined by its privileged access to resources and efficient use of these resources — examples of these are: exclusive legal rights and the four production factors, land, labor, capital, and knowledge. In this sense, the Indian Gaming Regulatory Act of 1988 is the most relevant success factor for Indian casinos, granting them a sustained competitive advantage over commercial, non-Indian casinos. In addition, Indian casinos that have privileged access to and make efficient use of the four production factors, land, labor, capital, and knowledge, will also have a competitive advantage over their competitors, which can lead to economic success. In this paper, we present a case study of the Harrah's Cherokee Casino Resort, a succesful Indian casino owned by the Eastern Band of Cherokee Indians, and study which factors may have been relevant to its economic success. The casino is geographically well located near densely populated areas in the US, giving it a sustained competitive advantage. However, the tribe had no privileged access to labor, capital, or knowledge. To compensate this lack of resources, the tribe hired an external service provider (Harrah’s Entertainment) in order to gain access to their management expertise and well-trained personel (labor), the financial resources necessary for building up a casino (capital), and the expertise to plan, build, manage, and operate the casino on reservation grounds (knowledge). 2 1 Introduction Indian casinos are a big player in the US gaming business. In fiscal 2012, the annual revenues of Indian casinos were about $28 billion (National Indian Gaming Commission, 2012), compared to $37 billion for commercial, non-Indian casinos (American Gaming Association, 2013). However, there are large differences in the economic success of different Indian casinos. Some tribes, like the Eastern Band of Cherokee Indians, are very successful with their gaming businesses (McGladrey & Pullen, 2009); others, such as the San Carlos Apache Tribe, are not (ABC News, 2014). Hence, we seek to identify the factors that contribute to the economic success of Indian gaming. Theoretically backed by the resource-based view, a theory that postulates that the economic success of a company depends on gaining access to and making use of relevant resources, we identified several factors that contribute to economic success of Indian casinos. The first is the Indian Gaming Regulatory Act of 1988 (Indian Gaming Regulatory Act, 1988), a law that allows Indian nations to establish casinos on their reservations with only low federal influence. The second is the privileged access to four production factors: land, labor, capital, and knowledge. The case study we carried out on the possible success factors for Harrah's Cherokee Casino Resort revealed that its geographic location was most relevant to its success, whereas the other relevant production factors, labor, capital, and knowledge for running a successful casino, were provided by external, non-Indian service providers. In the next section, we present the historical and theoretical background of Indian casinos. We provide an overview of the history of the Indian Nations, outline their gaming history, discuss the four classical input factors of a production process, and introduce the resource-based view. Based on the resource-based view, we then identify relevant factors for successful Indian casinos, such as the Indian Gaming Regulatory Act of 1988 as well as privileged access to the production factors: land, labor, capital, and knowledge. Following this, we present a case study of the Harrah's Cherokee Casino Resort. We conclude by summarizing our findings and giving an outlook on future research. 2 Historical and Theoretical Background 2.1 Indian Tribes, Between Assimilation and Self-determination The Indian Removal Act of 1830 forced most of the Indian tribes east of the Mississippi to leave their homelands and resettle in western Oklahoma (Dörr, 2001; Gonzales, 2003). Later, in the mid19th century, the Indian Appropriation Act, the Homestead Act, and the Railroads Act, formed the legal basis for the establishment of Indian reservations and the relocation of Native American tribes from their traditional homelands to these areas. In 1887, the Dawes Act gave the US President the right to survey tribal land and assign it to individual American Indians; excess land was used for governmental purposes or sold to white settlers. As a result, Indian land was reduced by more than half by 1932. The resulting poverty in the reservations led to the Indian Reorganization Act, which was introduced in 1934 (Cornell, Kalt, Krepps, & Taylor, 1998; Dörr, 1993). This law halted the forced assimilation of Indians and allowed them to reorganize and form their own governments. Although this allowed tribes to establish their own political authority, the Bureau of Indian Affairs formed in 1824 still had a lot of power over Indian assets and followed mostly non-tribal goals, leading to the stagnation of Indian economies. 3 After this phase of partial independence of the tribes, the US government started the Indian termination policy in the 1940s, which aimed to fully integrate and assimilate the Indians into the US society by making them regular citizens (Gonzales, 2003). As a result, between 1953 and 1970, more than 100 Indian tribes were banished, their lands were confiscated and sold, and their population was resettled to urban areas: indeed, more than 90,000 Indians left the reservations and went to the resettlement centers in Chicago, Los Angeles, Minneapolis and San Francisco. This phase of forced integration ended with the Indian Self-Determination and Education Assistance Act of 1975 (Indian Self-Determination and Education Assistance Act, 1975), which gave established Indian tribes the authority to administer their own grants and funds (Cornell, Kalt, Krepps, & Taylor, 1998). It also allowed them to make direct agreements with the US government to, for example, organize services that were previously regulated by the Bureau of Indian Affairs. As a result, from then on, tribes were given the right to act independently by establishing their own businesses and building up their own economies. 2.2 Indian Gaming Gaming is a long-standing tradition that holds both religious and cultural importance for Native Americans (Gabriel, 1996). Playing games was often an essential part of ceremonies: it was used to circulate and re-distribute belongings within and between Indian societies and to teach values to children (Luna-Firebaugh & Tippeconnic Fox, 2010). After the Indian Self-Determination and Education Assistance Act of 1975, the Indian nations came back to these traditions and transformed some of them into Indian Gaming, which became their most successful business. After initial uncertainties and multiple lawsuits concerning the legality of Indian Gaming, the US Congress passed the Indian Gaming Regulatory Act in 1988 that formulated a legislative basis for Indian casinos and regulated their operation, revenues, etc. (Cornell, Kalt, Krepps, & Taylor, 1998). Today, around 220 out of about 560 federally-recognized Indian tribes are engaged in commercial gaming. They offer more than 350 gaming facilities and generated revenues of about $28 billion in 2012, making them a major player in the US gaming industry (National Indian Gaming Commission, 2012). However, there are large differences between the different tribes regarding the economic success of their casinos. Whereas some tribes, such as the Eastern Band of Cherokee Indians, were able to set up very successful casinos that improve the welfare of its tribe members (McGladrey & Pullen, 2009), others, such as the San Carlos Apache Tribe, do not benefit from their casinos (ABC News, 2014). Indeed, the construction of the Apache Gold casino did not reduce the unemployment rate within the tribe (rather, it increased from 42% in 1991 to 58% in 1997), nor did the number of tribe members receiving welfare decrease (instead, it increased by 20%) (Grinols, 2009). 2.3 Production Factors According to Adam Smith, the three classical primary input factors of a production process are land, labor, and capital; nowadays knowledge is seen as a fourth factor (Wöhe & Döring, 2002). Land can be considered as agriculture land, as a location for industry, or as an exploitation of resources like coal or ore; labor is any human activity that creates goods or services; capital defines goods that benefit the production process by enhancing/enabling the other production factors: labor, land, and knowledge. Hence, capital does not only include monetary assets; it can also include machines and tools since these make labor more efficient and, thus, more valuable. Finally, successful combinations of land, labor, and capital are only possible if an organization possesses the relevant technical-organizational knowledge, experiences, expertise, etc. Based on these production factors, different approaches can be used to explain and measure the success of organizations. One is the resource-based view, which deals with the competitive advantages of companies based on their access to relevant resources. 4 2.4 Resource-based View The basic idea of the resource-based view was developed in the late 1950s (Penrose, 1959). However, the term and its corresponding theory were coined in the 1980s by Wernerfelt (1984), Rumelt (1984), and Barney (1986). The resource-based view explains the economic success of a company in terms of their access to relevant resources. These resources can be either tangible or intangible assets, but the company must be able to control them (Penrose, 1959; Wernerfelt, 1984; Barney, 1991). Examples of these resources are the production factors land, labor, capital, and knowledge, as well as exclusive legal rights. A resource needs to have four properties in order to create and maintain a competitive advantage for a company: It needs to be (1) of value, (2) rare, (3) inimitable, and (4) cannot have any valuable, rare and imitable strategic substitutes (Barney, 1991). Furthermore, the mere possession of a resource does not inevitably lead to the economic success of a company: the company also needs to make effective and innovative use of the resource (Penrose, 1959). In the following section, using the resource-based view as our theoretical foundation, we explain that the success of Indian casinos is linked to the implementation of the Indian Gaming Regulatory Act, which gave Indian Gaming a competitive advantage over non-Indian commercial casinos. We also reveal how differences in access and use of the four production factors introduced above can explain differences in performance between different Indian gaming facilities. 3 The Economic Success of Indian Gaming 3.1 The Indian Gaming Regulatory Act For many Indian tribes, gaming is a success story because it generates much of the financial revenues used for the reservation and for funding programs. The Indian Self-Determination and Education Assistance Act of 1975 and, more specifically, the Indian Gaming Regulatory Act of 1988 provided Indian nations with self-determination and allowed them to establish casinos on their reservations with only low federal influence, giving them multiple competitive advantages over commercial casinos (Cornell, Kalt, Krepps, & Taylor, 1998). One of these advantages is that federal and state regulators cannot force tribes to publicly disclose or release financial information about their casinos (Anders, 1998). Also, Indian nations do not have to pay taxes on their gaming revenues to the federal government or state and have further advantages regarding the income tax for its Indian employees. Furthermore, Indian casinos do not necessarily fall under state-specific regulations such as limitations on hours to sell liquor (Siegel, 2010). However, Indian casinos have to report their earnings from gaming or wagering as well as their payments to independent contractors to the Internal Revenue Service, the US agency for tax collection and tax law enforcement (Anders, 1998). 3.2 Production Factors In addition to the Indian Gaming Regulatory Act, a privileged access to the four production factors, i.e., land, labor, capital, and knowledge, can contribute to the success of Indian casinos. Indeed, in a general gaming context, In et al. (2009) found that the personnel (labor), the physical environment (capital), and the games offered (capital) were important factors for the success of a casino. Additionally, Lambert et al. (2010) found that the location (land) of the casinos was crucial to their economic success. This result was confirmed by an Associated Press study (Associated Press, 2000), which found that “a few near major population centers have thrived while most others make just enough to cover the bills” (Grinols, 2009, p. 38f). 5 In a casino, the service is the most visible element to customers (In, Fong, & Wong, 2009). Hence, the casino management has to pay close attention to the services provided, ensuring that they meet the needs of the customers, in order to increase customer share and customer loyalty. Likewise, the atmosphere, cleanliness and physical attributes of a casino directly influence the comfort of customers and their willingness to stay and play (In, Fong, & Wong, 2009). A large variety of games can be attractive to a larger customer base since different cultures like to play different games. Also, the best place to operate a casino is near metropolitan areas since cities have a large commuting area and the necessary infrastructure (Lambert, Srinivasan, Dufrene, & Min, 2010). Finally, managerial expertise (knowledge) can also be seen as an important driver of success since only an experienced manager holds the necessary knowledge to successfully operate a casino. These findings hold important implications for the success of Indian casinos. Indeed, Indian tribes cannot freely choose any location for their casinos since their reservations are situated in fixed areas. Therefore, the tribes that are unluckily situated far from a metropolitan area have disadvantages with regards to the resource land and can do little to nothing about it. In this sense, many Indian nations are unable to build a successful casino since their reservations are located in rural, unpopulated areas (Native American Rights Fund, 2014). Furthermore, although Indians have a long gaming tradition, this does not automatically qualify them to operate a casino (knowledge, labor), nor does it mean they have the funds (capital) to build and maintain them. Whereas Indian tribes cannot change the physical location of their reservation, a lack of access to knowledge, labor, and capital is a less severe situation. Indeed, a lot of Indian Nations willing to enter the gaming industry were initially supported financially and organizationally by wellestablished commercial gaming companies in order to address their original lack of knowledge, labor, and capital in terms of building up and operating a gaming facility (Oakley, 2001). Typically, external organizations build and operate the casinos and hotels on Indian reservations. In the following paragraphs, we present a case study of the Harrah's Cherokee Casino Resort, an economically successful casino, which is owned by the Eastern Band of Cherokee Indians but was built and is operated by Harrah’s Entertainment, a non-Indian, commercial gaming company. 4 Case Study: Harrah's Cherokee Casino Resort 4.1 History of the Eastern Band of Cherokee Indians Originally, the Cherokee People occupied parts of seven southeastern states in the US, including the southern Appalachian and the Blue Ridge Mountains (Eastern Band of Cherokee, 2014). They mainly settled along the broad river valleys in this area. In 1540, the tribe had its first contact with Europeans. At the time, two distinct administrations — one responsible for war, the other for peace — governed the Cherokee, and both reflected their religious beliefs (Eastern Band of Cherokee, 2014). Indeed, religion was the philosophical base for their way of life. Following their first encounters with Europeans, the Cherokee quickly realized that survival was only possible if they acculturated to the new European way of living. Despite their acculturation to the culture of the white man, the Cherokee were removed from their traditional territories to Oklahoma during the winter and spring of 1838-1839, in accordance with the Indian Removal Act of 1830. Some individuals escaped the removal but henceforth remained in a landless state. They were neither considered citizens of the US nor of their territories’ states and, hence, were not allowed to buy or hold land. However, Will Thomas, an adopted Cherokee, bought land under his adoptive name and let the fugitives live and work on it until the Eastern Band of Cherokee Indians formed a corporation in 1870. This organization legally allowed them to hold land and they were once again in control of their own land, which they called Qualla Boundary. 6 Nowadays, around 12,500 Cherokee live on the Qualla Boundary in Western North Carolina, as a sovereign nation with a democratic government funded by a variety of sources including casino profits. 4.2 Gaming History Starting in the 1950s, the tourist industry became the most important income source for the Eastern Band of Cherokee Indians (Oakley, 2001). Both the Great Smoky Mountain National Park and the Blue Ridge Parkway were located adjacent to the reservation and attracted many vacationers, resulting in a tourist boom in the 1960s and 1970s. However, since the 1980s, a more intense competition led to a decrease of revenue from tourism. As a result, the unemployment rate in the reservation reached 40 percent and higher during the winters of the 1990s. Following the Indian Gaming Regulatory Act of 1988, the Eastern Band of Cherokee Indians wanted to build up a gaming industry on their reservation. Consequently, they started negotiations with Harrah’s Entertainment to build, operate, and manage a 60,000 square foot casino on reservation grounds. The casino, named Harrah's Cherokee Casino Resort, opened in 1997 as the first major casino in North Carolina. Since its opening in 1997, the casino has attracted between 3 and 4 million people each year. Harrah’s Entertainment (which was renamed Caesars Entertainment Corporation in 2010) is a commercial gaming company based in Nevada that operates multiple casinos and hotels in seven countries including the US (Caesars Entertainment, 2014). As of January 2014, it has nearly 70,000 employees and annual revenues of $9 billion, making it one of the key players in the US casino market and the international casino market. In the original contract between the Eastern Band of Cherokee Indians and Harrah’s Entertainment, Harrah’s was granted a management fee of 27.5 percent of the casino’s profits in the first year (fiscal year 1998), gradually decreasing to 17 percent in the fifth year (fiscal year 2003) (Oakley, 2001). In exchange, Harrah’s guaranteed the tribe a minimum profit of $1 million a month for the first five years and also agreed to donate $400,000 a year to the Cherokee’s educational programs (Oakley, 2001). Furthermore, Harrah’s Entertainment’s mother company, Promus, organized a loan of $100 million necessary for the construction of the casino. In the original contract, Harrah’s Entertainment committed itself to favor tribal members during the hiring process at the new casino (Oakley, 2001). The original contract between the Eastern Band of Cherokee Indians and Harrah’s Entertainment had a term of five years with the possibility of extending the contract at the end of the term. In 2003, the tribe renewed its contract with Harrah’s Entertainment until 2011. The management fee was reduced to 8 percent, and further decreased to 5.5 percent in 2011 (Perdue, 2005). In 2011, the management agreement was once again renewed until 2018 (Harrah's Cherokee Casino Resort, 2011). Furthermore, the tribe expanded their business relationship and started to build another casino in North Carolina’s Cherokee County in 2013. Set to open in 2015, it will also be also managed and operated by Caesars Entertainment Corporation and will be named Harrah’s Cherokee Valley River Casino & Hotel. 4.3 Economic Relevance In fiscal 2009, the net assets of the Eastern Band of Cherokee Indians (assets exceeding liabilities) are about $557 million (McGladrey & Pullen, 2009). The tribe has total revenues of about $469 million and total expenses of around $392 million. With $407 million, around 87 percent of the tribe revenues come from their gaming-related businesses (McGladrey & Pullen, 2009) including the casino, food, hotel, retail, and showroom (Johnson Jr., Kasarda, & Appold, 2011). The corresponding total operational expenses of the tribe for gaming-related business amount to 7 approximately $192 million (McGladrey & Pullen, 2009). Other revenues of the Eastern Band of Cherokee Indians come from from governmental activities (around $54 million) and other businesstype activities (around $7 million). In fiscal 2008, the Harrah's Cherokee Casino Resort had total operating revenues of $442 million, an increase from the revenues in 1998, which amounted to about $134 million (Johnson Jr., Kasarda, & Appold, 2011). Due to the financial crisis, in fiscal 2010, the total operating revenues decreased to $385 million. In 2008, the operational cost of $246 million for running the Harrah's Cherokee Casino Resort included $73.5 million for employees (salaries and benefits), management fees of $19.6 million paid to Harrah’s, a $7.5 million contribution paid to the Cherokee Preservation Foundation, an outof-state capital spending of $68 million, and other out-of-state payments of $48 million (Johnson Jr., Kasarda, & Appold, 2011). In addition to these operational costs, the Harrah's Cherokee Casino Resort also paid $249.1 million (more than 50 percent of its revenues) to the Eastern Band of Cherokee Indians. Half of this tribal money is directly paid to the tribe members, leading to a yearly income of around $10k for each tribe member. The other half of the disbursement is used for local government expenses. In accordance with the conditions of the contract, the management fees paid to Harrah’s Entertainment declined over the years from $37 million in fiscal 1998 to around $20 million in fiscal 2008. Vice versa, the share of revenues paid to the Eastern Band of Cherokee Indians grew from around $43 million in fiscal 1998 to around $249 million in fiscal 2008. In order to perform their services, the tribe employed 1,114 persons in 2009. In addition, the Harrah's Cherokee Casino Resort (including the casino and hotel) had 1,634 employees (McGladrey & Pullen, 2009), 20 percent of which were members of the tribe (Johnson Jr., Kasarda, & Appold, 2011). In summary, the Harrah's Cherokee Casino Resort is a successful casino that generates large financial benefits for the tribe and tribe members. The economic success of the casino is emphasized by the fact that the tribe is expanding its gaming business and opening a second casino (Harrah’s Cherokee Valley River Casino & Hotel) in 2015. 4.4 Reasons for Economic Success The Indian Gaming Regulatory Act acts as the foundation for the success of the Harrah's Cherokee Casino Resort since it provides multiple advantages over commercial casinos. Moreover, the casino is located nearly densely populated areas: more than 14 million people can reach it within 200 miles and over one half of the US population is no farther than 500 miles away (Oakley, 2001). This advantageous location gives the Harrah's Cherokee Casino Resort a sustained competitive advantage. Since the Eastern Band of Cherokee Indians had neither the funds nor the management capacity or experience to establish a casino business in 1997, they sought help from Harrah’s Entertainment, an external gaming company. Harrah’s Entertainment had both access to capital as well as managerial and organizational expertise to plan, build, operate, and manage a casino. Hence, by establishing a contract with Harrah’s Entertainment, the Eastern Band of Cherokee Indians were able to gain access to production factors they were lacking, i.e., labor, capital, and knowledge. In summary, the Indian Gaming Regulatory Act, as for any Indian casino, is the basis for the economic success of Harrah's Cherokee Casino Resort. In addition, its advantageous location next to densely populated areas makes it attractive for external companies, which can supply the Eastern Band of Cherokees Indians with the know-how (knowledge, labor) and funds (capital) necessary to build up a successful gaming business. 8 5 Conclusions and Future Work Native Americans have faced hard times in the past. Only after the Indian Gaming Regulatory Act from 1988 were Indian tribes allowed to build up their own gaming businesses and thus improve the welfare of their tribe members. We discussed possible factors that can contribute to the economic success of Indian gaming and performed a case study of the Harrah's Cherokee Casino Resort, examining what the necessary factors for building a successful gaming business were. The resource-based view explains the economic success of a company by their access to resources that give a sustained competitive advantage. Examples of these are exclusive rights as well as the access to, or efficient use of, production factors. We identified the Indian Gaming Regulatory Act as the most relevant factor explaining the success of the Indian gaming industry. The law allows federally-recognized Indian tribes to establish casinos on their reservation grounds with only low federal influence, giving them multiple competitive advantages over commercial casinos, such as not having to pay taxes on their gaming revenues. Hence, the law is the foundation of the success of the Indian gaming industry. Relevant production factors that allow companies to be successful are land, labor, capital, and knowledge. In the case of the Eastern Band of Cherokees Indians, the tribe is geographically well located near densely populated areas in the US with a large demand for entertainment and gaming activities, giving the tribe a large sustained competitive advantage. However, the tribe initially had no access to the other necessary and relevant resources: labor, capital, and knowledge. To gain access to these resources, the tribe hired an external service provider (Harrah’s Entertainment) to plan, finance, build, and operate the casino for the tribe on reservation grounds. Consequently, Harrah’s Entertainment provided the management capacities and well-trained personnel (labor), the financial resources necessary for building a casino (capital), and the expertise to plan, build, manage, and operate a casino in a professional and attractive way (knowledge). In future work, we want to extend our analysis to non-successful Indian casinos. The Indian Gaming Regulatory Act provides big advantages to all Indian casinos in comparison to commercial casinos. However we still do not know why some are less successful than others, or why some even fail. The case of the successful gaming business of the Eastern Band of Cherokees Indians suggests that location is relevant and that other relevant production factors can be brought in by external organizations. 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