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The Nexus Of The Tip: The Proper Analysis Of Property And Contract Rights To The Tip, Matthew I. Knepper

UNLV Gaming Law Journal

The act of tipping defies explanation under traditional economic models. While the tip is voluntary in nature, it is difficult to ascertain precisely what consumers receive in return. Even more difficult to determine is exactly who or what the consumer is tipping. Is it the person he hands the tip to, or is it the underlying service giving rise to the tip? This question is the basis for two lawsuits, which as of the time of this writing are making their way through Nevada’s state and federal courts.

These cases illustrate the difficult nature of determining the respective rights of …