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Full-Text Articles in Law

Getting A Handle On The Taxation Of Sports Betting, Samuel Craig Dec 2023

Getting A Handle On The Taxation Of Sports Betting, Samuel Craig

Loyola of Los Angeles Entertainment Law Review

Sports betting is not merely a 21st century novelty; however, recent legislative and societal changes have allowed sports betting to bloom into a widespread phenomenon in America. The rapid emergence of sports betting in American life has caused states to react with legislation ranging from full-stop bans to partnerships with sportsbooks to capitalize on this lucrative and newly legal activity. While plenty of discussion can be found regarding the social and political considerations of legalizing gambling and related activities, no comprehensive legal scholarship has focused specifically on the taxation of sports betting. Sports betting exists in a relatively unique position …


Law Library Blog (February 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law Feb 2022

Law Library Blog (February 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Betting On Gambling: How Professional Sports Leagues Could Increase Revenues Following Murphy V. Ncaa, Edward “Max” Bell Jan 2022

Betting On Gambling: How Professional Sports Leagues Could Increase Revenues Following Murphy V. Ncaa, Edward “Max” Bell

The Journal of Business, Entrepreneurship & the Law

This comment explores the avenues professional sports leagues are taking to profit from legalized sports gambling following the Murphy decision. Part II provides the modern historical legal background of sports gambling in America, discussing the Professional and Amateur Sports Protection Act and the reasoning for and the effects following the Act’s falling in Murphy. Part III analyzes the current sports gambling landscape, including the current federal and state legal landscape; society’s ever-revolving views on sports gambling; the American sports gambling industry, the offshore industry, and the growth of the industry as a whole; and the stances of sports leagues before …


Game Theory Optimized Fraud: How The Unlawful Internet Gambling Enforcement Act Created A Virtually Riskless Environment For White Collar Crime In Online Poker, Jeffrey Woolf Jan 2022

Game Theory Optimized Fraud: How The Unlawful Internet Gambling Enforcement Act Created A Virtually Riskless Environment For White Collar Crime In Online Poker, Jeffrey Woolf

Upper Level Writing Requirement Research Papers

No abstract provided.


Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson Feb 2020

Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson

University of Massachusetts Law Review

Change is coming to sports gambling in the United States. No longer is it restricted to Nevada casinos or your “friendly” neighborhood sports bookie. The individual states have spoken, with state after state passing legislation authorizing legalized sports betting. It is clear that there is an appetite for legal sports gambling in this country. But how did we get here? And what will the ramifications be? This Note first analyzes the keystone sports gambling case, Murphy v. NCAA, and its impact on the destruction of the Professional and Amateur Sports Protection Act, which was commonly viewed as a federal ban …


A Polymorphic Approach To Esports Betting, Chadohl Kang Apr 2019

A Polymorphic Approach To Esports Betting, Chadohl Kang

Brigham Young University Prelaw Review

With the Supreme Court ruling in Murphy v. NCAA, states can legalize sports betting. Many states have chosen to do so. Unfortunately, it is still unclear whether electronic sports, or Esports, is included in the legislations. This is due in part to society not seeing Esports as a true sport. For a growing, nearly billion dollar industry, this isn’t good news. The polymorphic approach can be a resolution to this situation. The polymorphic approach to sports allows states to decide if it is in their interest to view Esports as a sport in betting legislation. Based on the possible revenue …


Prohibitive Failure: The Demise Of The Ban On Sports Betting, John T. Holden Feb 2019

Prohibitive Failure: The Demise Of The Ban On Sports Betting, John T. Holden

Georgia State University Law Review

On May 14, 2018, the Supreme Court of the United States struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a twenty-fiveyear- old policy that kept states from offering sports gambling, which confined sports betting almost entirely to illegal underground markets. Indeed, the sports betting prohibition is largely responsible for the growth of the illegal sports gambling market, which is now one of America’s twenty largest industries. The challenge to the federal Professional and Amateur Sports Protection Act was initially launched in 2012 when former U.S. Attorney and New Jersey Governor, …


Modern Day Bucket Shops? Fantasy Sports And Illegal Exchanges, John T. Holden, Ryan Rodenberg Jan 2019

Modern Day Bucket Shops? Fantasy Sports And Illegal Exchanges, John T. Holden, Ryan Rodenberg

Texas A&M Law Review

The rapid emergence of online daily fantasy sports has raised questions as to why the contests are allowed, while other forms of gambling are restricted. Historically, “bucket shops” were banned enterprises where businesses would effectively accept wagers on whether companies’ stock prices would go up or down. There was never an underlying investment in companies themselves, only a deposit into a “bucket.” While bucket shops have largely faded, we examine whether they have disappeared in name only. Our analysis opens up another avenue for regulators beyond the antiquated skill-versus-chance evaluation typically applied to gambling activities and suggests that certain fantasy …


An Exploratory Study In To The Money Laundering Threats, Vulnerabilities, And Controls Within The Uk Bookmaker Sector, With A Specific Focus On Fixed-Odds Betting Terminals, Kane Pepi May 2018

An Exploratory Study In To The Money Laundering Threats, Vulnerabilities, And Controls Within The Uk Bookmaker Sector, With A Specific Focus On Fixed-Odds Betting Terminals, Kane Pepi

UNLV Gaming Research & Review Journal

The purpose of this exploratory study was to generate an understanding in to the money laundering threats, vulnerabilities and controls found within UK betting shops, with a direct focus on the exponential growth of Fixed-Odd Betting Terminals. Qualitative research methods facilitated eight semi-structured interviews with key stakeholders linked to the gambling and/or money laundering sphere. This included the Gambling Commission, Campaign for Fairer Gambling, an ex-Head of Security and Safety at a major bookmaker, and five regular Fixed-Odd Betting Terminal users. The interviews were recorded, transcribed and coded for thematic analysis, subsequently resulting in the emergence of four interesting and …


The Constitutionality Of Paspa, Kate Main Oct 2017

The Constitutionality Of Paspa, Kate Main

SLU Law Journal Online

Kate Main discusses the Supreme Court's upcoming decision on the Professional and Amateur Sports Protection Act (PASPA).


The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber Feb 2017

The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber

Fordham Intellectual Property, Media and Entertainment Law Journal

Gambling has been the subject of controversy since its inception. While some claim that it is a “gentleman’s game” and a means of social entertainment, others argue that it is a sinful endeavor that enables corruption, scandal, and addiction. Today, there are several different types of gambling that occur in the United States—all with varying degrees of legality and regulation. For example, betting on horse racing is legal throughout the United States, and state-sanctioned lotteries are present in forty-four of fifty states.3 Commercial casinos, like those in Las Vegas and Atlantic City, are regulated on a state-by-state basis, and gambling …


Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports, Marc Edelman Jun 2016

Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports, Marc Edelman

Pace Intellectual Property, Sports & Entertainment Law Forum

Today, I will provide an overview of the legal status of “daily fantasy sports” and explain why the legality—or illegality—of the industry is not a sure bet. I will begin by providing a brief background of the origins of fantasy sports, and then turn to the impact of technologies such as the Internet, and the legal status of these games under both federal and state laws. I will conclude by discussing the recent efforts to regulate “daily fantasy sports” through the courts and legislation


Regulatory Barriers In The Field Of Gambling: How Much Virtuality Can A Bet Take?, Peter Naessens Mr. Jun 2016

Regulatory Barriers In The Field Of Gambling: How Much Virtuality Can A Bet Take?, Peter Naessens Mr.

International Conference on Gambling & Risk Taking

Bets are a special type of game of chance. In a certain sense, you could think of all games of chance as a bet (bet that the roulette ball comes to rest in number 7, betting on the correct result in the lottery etc.), but most countries have implemented a categorisation. A categorisation that is not only under pressure online, but just as much in the real world with the introduction of virtual bets.

In Belgium, virtual bets were accepted because bets are highly dependent on events, and players also like to make a bet when no events are taking …


New Jersey Goes “All In” For Sports Gambling: Examining The Constitutionality Of The Professional And Amateur Sports Protection Act, Tyler W. Mullen Apr 2014

New Jersey Goes “All In” For Sports Gambling: Examining The Constitutionality Of The Professional And Amateur Sports Protection Act, Tyler W. Mullen

Tyler W Mullen

Despite being illegal in all but a handful of U.S. jurisdictions, sports gambling has developed into a multi-million dollar industry. Eager to capitalize on the potential revenues, New Jersey recently challenged the constitutionality of the Professional and Amateur Sports Protection Act (“PASPA”), the federal sports gambling law. PASPA effectively prohibits the vast majority of states from operating or sanctioning sports gambling schemes. However, the particular methods that PASPA uses to achieve this objective raise serious federalism concerns. While the Third Circuit recently rejected New Jersey’s constitutional challenges to PASPA, this Comment argues that the court reached the wrong conclusions on …


Gambling And The Law®: An Introduction To The Law Of Internet Gambling, I. Nelson Rose Dec 2012

Gambling And The Law®: An Introduction To The Law Of Internet Gambling, I. Nelson Rose

UNLV Gaming Research & Review Journal

This article brings to gaming researchers, with or without a legal education, a roundup of major issues and problems in the unsettled field of Internet gaming. By citing laws, cases, articles and treatises this annotated essay leads the reader through the maze of confusion and contradiction that now clutters the legal scene. Topics touched on include: elements of gambling, Federal, state and local gambling regulation, organized crime implications, extraterritorial jurisdiction, police power and advertising. Conclusions are addressed to businesses considering the risks of operating Internet gambling web sites.


European Sports Market: Theory & Case Law (In Greek Language), Marios Papaloukas Jan 2012

European Sports Market: Theory & Case Law (In Greek Language), Marios Papaloukas

Marios Papaloukas

This book contains all case law as well as a theoretical approach to all major issues related to the sports market. More specifically it covers issues such as the emerging independent sports legal order, the principle of exemption of sports formulated by the CJEU, sports betting, as well as sports broadcasting rights. These matters are examined from the point of view of internal market regulation and EU competition law.


Sports Betting Monopolies Reaching A Critical Point, Marios Papaloukas Jan 2012

Sports Betting Monopolies Reaching A Critical Point, Marios Papaloukas

Marios Papaloukas

Every Member State in Europe has a wide discretionary power to choose which specific restrictive measures will be taken to achieve the purpose of containing the consumer’s natural propensity to gambling and suppress the incitement to squander money on gambling. To this date Member States have not selected the same degree of protection nor the same measures. The selected measures range from introducing a licensing system for gambling service providers to even imposing private monopolies. ECJ’s decision in the famous Markus Stoss case answered what was supposed to be the last of many questions on betting monopolies and oligopolies. However …


The Legality Of The Greek Sports Betting Monopoly Under European Law, Marios Papaloukas Dec 2010

The Legality Of The Greek Sports Betting Monopoly Under European Law, Marios Papaloukas

Marios Papaloukas

Is it possible, a company that is enlisted on the stock market which by definition seeks primarily to increase profits and to protect the investor’s interests, instead to protect consumers from the services offered by itself. This public service provided would it not conflict its operation as a profit seeking business? And if indeed it were so, would not this be misleading for its investors and should not this be clearly stated in its prospectus informing its investors-shareholders that this company is not primarily aiming at protecting the investors financial interests, like all other publicly traded companies but rather that …


Betting Against The House (And Senate): The Case For Legal, State-Sponsored Sports Wagering In A Post-Paspa World, Anthony G. Galasso Jr. Jan 2010

Betting Against The House (And Senate): The Case For Legal, State-Sponsored Sports Wagering In A Post-Paspa World, Anthony G. Galasso Jr.

Kentucky Law Journal

No abstract provided.


Sports Betting And European Law, Marios Papaloukas Jan 2010

Sports Betting And European Law, Marios Papaloukas

Marios Papaloukas

As early as 1992 the European Court of Justice ruled that the principle of proportionality will apply in order to examine whether a restrictive measure, imposed by a member state in order to regulate gambling, is valid. As a result member states monopolies and oligopolies concerning gambling and sports betting will have to comply with these new developments.


Betting On Sports Events, Marios Papaloukas Dec 2008

Betting On Sports Events, Marios Papaloukas

Marios Papaloukas

European Union case law affects many areas of the economic sector. One of them is betting on sports events. In recent years betting on sports events has increased significantly. However, betting on sports events is subject to restrictive regulation in most Member States of the European Union. It comes as no surprise that sports betting enterprises have challenged these restrictive laws before the European Court of Justice. The Court therefore is faced with a dilemma. On one hand we have the rights of businesses providing the service of betting on sports events and on the other the rights of Member …


The Games People Play: Is It Time For A New Legal Approach To Prize Games?, Anthony N. Cabot, Louis V. Csoka Jan 2004

The Games People Play: Is It Time For A New Legal Approach To Prize Games?, Anthony N. Cabot, Louis V. Csoka

Nevada Law Journal

No abstract provided.


The Internet Gambling Prohibition Act Of 1999: Congress Stacks The Deck Against Online Wagering But Deals In Traditional Gaming Industry High Rollers, Tom Lundin Jun 2000

The Internet Gambling Prohibition Act Of 1999: Congress Stacks The Deck Against Online Wagering But Deals In Traditional Gaming Industry High Rollers, Tom Lundin

Georgia State University Law Review

No abstract provided.


Life Insurance As Security For A Debt And The Applicability Of The Rule Against Wager Contracts, John M. Limbaugh Jun 1999

Life Insurance As Security For A Debt And The Applicability Of The Rule Against Wager Contracts, John M. Limbaugh

Missouri Law Review

Every jurisdiction has a rule against wager contracts, developed to discourage speculation in human life and attendant moral hazard.2 In the life insurance context, the rule in Missouri prohibiting wager contracts applies only "where a policy is taken out by, and premiums paid by, a person who has no insurable interest in the life of the insured, or when a policy has been assigned for speculative purposes."3 The Missouri Supreme Court, in Estate of Bean v. Hazel, correctly limited the creditor's recovery on the debtor's life insurance policy to the amount of the debt, plus interest. However, in doing so, …


Special Report: Sports And Gambling A Good Mix? I Wouldn't Bet On It. , Ante Z. Udovicic Jan 1998

Special Report: Sports And Gambling A Good Mix? I Wouldn't Bet On It. , Ante Z. Udovicic

Marquette Sports Law Review

No abstract provided.


Enforcement Of Gaming Debts In Britain, Neil Fagan Jan 1986

Enforcement Of Gaming Debts In Britain, Neil Fagan

NYLS Journal of International and Comparative Law

No abstract provided.


Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish Apr 1964

Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish

Michigan Law Review

Appellant, who received a weekly salary for distributing horse-racing results by telephone to some twenty bookmakers, was convicted of aiding and abetting bookmaking activities in violation of section 986 of the New York Penal Law. He admitted knowing that the information would be used by his employer's customers in violation of section 986, but no actual evidence of bookmaking was presented to the court. On appeal, held, reversed, one judge dissenting. Knowingly transmitting racing results to bookmaking establishments by telephone does not, without proof of acceptance of bets on a professional basis, constitute aiding and abetting bookmaking in violation …


Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite May 1960

Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite

Michigan Law Review

The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …