Law Commons^™

Welcome To Fabulous Las Vegas: The Nevada Gaming Regulatory Response To Sovereign Wealth Fund Investment, John J. Piro

UNLV Gaming Law Journal

The bulk of recent scholarly work surrounding sovereign wealth funds ("SWFs") is dedicated to assessing the federal regulatory systems’ adequacy—or likely, inadequacy—in dealing with issues unique to SWF investment. However, the federal regulatory system has not been the only regulatory body to deal with SWF investment in the United States. In 2008, one of the United Arab Emirates’ (“UAE”) SWFs, Dubai World, made a large investment into the Nevada gaming industry and was found suitable to purchase up to twenty percent of MGM Mirage’s stock. This article will address how the Nevada gaming regulatory system has found an effective way …

Why They Say "No" (Casi—"No"): Countries That Reject Legalized Casino Gambling, William N. Thompson

UNLV Gaming Law Journal

Most world venues have legalized casino gambling. Indeed, the numbers of venues has been growing rapidly. In 1986, seventy-seven nations permitted legal casino gambling; in 1996, 109; while recent reports indicate 132 countries have casinos. Nonetheless, there are several cases of jurisdictions rejecting the legalization of casinos.

This article seeks to find common reasons for the rejections, and examines the following ten venues: Bhutan, Brazil, Japan, Liechtenstein, Iceland, India, Ireland, Israel, Mexico, and Norway. The study utilizes a framework from the book The Last Resort: Success and Failure in Campaigns for Casinos, by John Dombrink and William N. Thompson. …

The Professional And Amateur Sports Protection Act (Paspa): A Bad Bet For The States, Eric Meer

UNLV Gaming Law Journal

Sports gambling is a multi-billion dollar industry in America today, but state and local governments, by and large, do not benefit in any way. The Professional and Amateur Sports Protection Act (PASPA), a 1992 federal law, restricts all but a handful of states from legalizing sports gambling. This has allowed a thriving shadow economy of mob-associated bookies and offshore websites to operate with virtual impunity. PASPA’s restrictions have not received much attention—until recently. The severity of the recent recession has forced state governments to get creative and find new sources of tax revenue, and many states have turned to sports …

How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke

UNLV Gaming Law Journal

A panel discussion on the topic of conflict resolution and negotiation strategies among internationally acclaimed poker players Annie Duke and her brother, Howard Lederer, UCLA professor Russell Korobkin, and leading Las Vegas gaming executive Jack Binion. The following transcript reflects the speakers' discussion.

Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos

UNLV Gaming Law Journal

In 2010, the Ontario Lottery and Gaming Corporation (OLG) – the Crown Corporation of the Government of Ontario (Canada) charged with regulating and administering lotteries, casinos, and race tracks in Ontario – announced its plans to launch an online gaming website. This article explores the Province of Ontario’s foray into online gaming, weighing the likely success of that venture against the regulatory approaches taken in jurisdictions like the United Kingdom (U.K.) and United States of America. Some “modest proposals” are also suggested.

When The Chips Are Down: Do Indian Tribes With Insolvent Gaming Operations Have The Ability To File For Bankruptcy Under The Federal Bankruptcy Code?, Corina Rocha Pandeli

UNLV Gaming Law Journal

Indian gaming has become increasingly popular in the United States, with casino and resort facilities on federally recognized Indian land rivaling the likes of Las Vegas and Atlantic City casinos. Since the passage of the Indian Gaming Regulatory Act of 1988 (“IGRA”), gaming activities on Indian reservations across the country have skyrocketed, providing a substantive source of revenue to once economically downtrodden tribes. The IGRA places Indian tribes involved in gaming operations in a unique position because it affords them federal protection and oversight with respect to gaming operations, whereas state law regulates private gaming operations. In a relatively short …

The Pendulum Swings: Commerce Clause And Tenth Amendment Challenges To Paspa, Thomas L. Skinner Iii

UNLV Gaming Law Journal

The Professional and Amateur Sports Protection Act (“PASPA”) prohibits betting, gambling, or wagering on competitive games (“sports betting,” “sports gambling,” or “sports wagering”) wherein professional or amateur athletes participate or are intended to participate. Enacted in 1992, PASPA makes it illegal for any government entity or person to participate in or sponsor sports betting in all but a few states. Exemptions were carved out for parimutuel animal racing, jai-alai games, and for sports betting gambling schemes already in existence or that would become authorized within one year from the effective date of PASPA, provided that the municipality authorizing sports betting …

The Method And The Message, Corie Rosen

Nevada Law Journal

No abstract provided.

Shielding Hippocrates: Nevada's Expanded Pleading Standard For Medical Malpractice Actions And The Need For Legislative Reform, Justin Shiroff

Nevada Law Journal

No abstract provided.

Younger Abstention And Its Aftermath: An Empricial Perspective, Joshua G. Urquhart

Nevada Law Journal

No abstract provided.

Getting Faith Out Of The Gutters: Resolving The Debate Over Political Campaign Participation By Religious Organizations Through Fiscal Subsidiarity, W. Edward Afield

Nevada Law Journal

No abstract provided.

Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart

Nevada Law Journal

No abstract provided.

Willfulness, Good Faith, And The Fair Labor Standards Act, Emily Nolan Litzinger

Nevada Law Journal

No abstract provided.

Injecting Law Student Drama Into The Classroom: Transforming An E-Discovery Class (Or Any Law School Class) With A Complex, Student-Generated Simulation, Paula Schaefer

Nevada Law Journal

No abstract provided.

Unpredictable And Inconsistent: Nevada's Expert Witness Standard After Higgs V. State, Ryan A. Henry

Nevada Law Journal

No abstract provided.

Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock

Nevada Law Journal

No abstract provided.

Forced Administration Of Antipsychotic Drugs To Civilly Committed Mental Patients In Nevada: A Remedy Without A Clear Statutory Authorization, Chuck Weller

Nevada Law Journal

No abstract provided.

Mitigating The Prosecutor's Dilemma In Light Of Melendez-Diaz: Live Two-Way Videoconferencing For Analysit Testimony Regarding Chemical Analysis, Amy Ma

Nevada Law Journal

No abstract provided.

Rethinking Judicial Disqualification Based On Campaign Contributions: A Practical Critique Of Post-Caperton Proposals And A Call For Greater Transparency, Ryan M. Mcinerney

Nevada Law Journal

No abstract provided.

Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White

Nevada Law Journal

No abstract provided.

The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg

Nevada Law Journal

No abstract provided.

The High Price Of Misguided Legislation: Nevada's Need For Practical Sex Offender Laws, Stephanie Buntin

Nevada Law Journal

No abstract provided.

Education Reform Litigation In Nevada: Is The Nevada Legislature Neglecting Its Constitutional Duties?, K Nicholas Portz

Nevada Law Journal

No abstract provided.

The Anticybersquatting Consumer Protection Act And The Uniform Domain Name Dispute Resolution Policy The First Decade: Looking Back And Adapting Forward, Tenesa S. Scaturro

Nevada Law Journal

No abstract provided.

Peer Editing: A Comprehensive Pedagogical Approach To Maximize Assessment Opportunities, Integrate Collaborative Learning, And Achieve Desired Outcomes, Cassandra L. Hill

Nevada Law Journal

No abstract provided.

To Have And To Hold: What Does Love (Of Money) Have To Do With Joint Tax Filing?, Stephanie Hunter Mcmahon

Nevada Law Journal

No abstract provided.

Keeping It Clean: Richard H. Bryan And Nevada Gaming, Leslie M. Niño

UNLV Gaming Law Journal

When Nevada legalized gaming in 1931, few observers could have predicted the extent to which the gaming industry would grow and evolve. The modern gaming industry has expanded across the globe, and is now regarded as a dynamic avenue of commerce. However, during the industry’s infancy, many Americans denounced gaming as a pariah. Legalized gaming was not viewed as a legitimate industry; rather, it was a haven for swindlers and cheaters. How did Nevada turn this negative perception into a positive one? Legislators and regulators resolved to create and enforce gaming regulations with the highest standards of ethics and integrity, …

Improving The Odds: Changing The Perception Of Problem Gambling And Supporting The Growth Of Problem Gambling Courts, Amaia Guenaga

UNLV Gaming Law Journal

This Note will examine what problem gambling is and demonstrate the parallels between problem gambling and substance abuse. The Note will then explore the development and expansion of problem-solving courts for substance abuse and mental health and explore the pros and cons of problem gambling courts, in the end offering support for the further creation and development of problem gambling courts.

Not Out Of The (Fox)Woods Yet: Indian Gaming And The Bankruptcy Code, Emir Aly Crowne, Andrew Black, S. Alex Constantin

UNLV Gaming Law Journal

The recent economic downturn has caused Foxwoods Resort Casino, one of the largest casinos in the world, to seek a restructuring of nearly $1.5 billion in debt. Ordinarily, bankruptcy proceedings are triggered when a typical commercial enterprise defaults on its debt. Under these proceedings, creditors step in and collect monies owed to them before any residual equity is dispersed amongst owners. The rub here is that Foxwoods is owned and operated by the Mashantucket Western Pequot Tribal Nation, a sovereign nation under U.S. federal law. This triggers questions of paramountcy; namely, whether tribunal sovereignty can trump federal bankruptcy law.

These …

Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer

UNLV Gaming Law Journal

The newly developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law. The difficulty in addressing the issues arises from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Note argues that a state cannot seize an Internet gambling website’s domain name for violating that state’s laws. First, Kentucky did not have personal jurisdiction over the gambling domain names’ registrars to have authority to seize them. Second, Kentucky’s gambling statute violates the Commerce Clause. Part II provides background to and the facts underlying the Kentucky Case and its procedural …