Gaming Law Commons^™

Gambling With The Bronx Bombers: Betting On, Against, And With The Yankees, Ronald J. Rychlak

UNLV Gaming Law Journal

The New York Yankees, arguably the most hallowed name in all of professional sports, has probably had more money wagered on the outcome of its games than any other team in any sport. Although few people today may be aware of it, the team itself has a long history of association with gamblers and gambling. The first owners of the Yankees were notorious gamblers; the team’s first captain was indicted in the 1919 “Black Sox” scandal; one Yankees’ pitcher was suspected of having thrown another Series game; one owner had ties to underworld figures in Las Vegas; another owner was …

High-Tech Casino Advantage Play: Legislative Approaches To The Threat Of Predictive Devices, David W. Schnell-Davis

UNLV Gaming Law Journal

This paper examines how device laws in the United States have dealt with predictive devices over the years and how device laws can be improved. Part I of this paper looks at how different laws address predictive devices. In addition, Part I examines three device laws in depth and compares their effectiveness. Part II discusses the history and evolution of several types of predictive devices, and how the laws in Part I have been applied. Part III proposes a model device law designed to address the shortcomings of current laws. Finally, Part IV looks at the future of device laws, …

Table Of Contents, Editorial Board, Law School Faculty And Administration, Advisory Board, Advisory Council, Sponsors, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

The Legality Of Banning Online Gambling In South Africa: Is Online Gambling Not A Component Of Gambling?, Segoane Lawrence Monnye

UNLV Gaming Law Journal

In light of the potential income generating capability of online gambling and its perceivable threat to location based gambling, this Article examines the legality of banning online gambling despite the promulgation of the National Gambling Amendment Act, which is intended to legalize online gambling, and the constitutional implications of such ban. Part II examines the definition of gambling to argue that online gambling is a mere component of gambling. Part III provides the current legal framework governing gambling and its application to online gambling. Parts IV and V focus on the overall purpose of this Article, i.e. to scrutinize the …

Patron Data Privacy And Security In The Casino Industry: A Case For A U.S. Data Privacy Statute, Chandeni K. Gill

UNLV Gaming Law Journal

This Note discusses the recent surge in patron data collected by casino player tracking systems and the increasing need to protect the confidentiality and security of patron Personally Identifiable Information (PII) through the implementation of federal privacy legislation. Part I discusses the rise of the casino player tracking database systems. Part II explains and defines PII. Part III outlines current U.S. privacy laws applicable to the casino industry, describes casino liability standards, and examines patron remedies for a potential breach in the security of patron PII. Part IV assesses the strengths and weaknesses of U.S. privacy laws applicable to the …

Gaming Restructuring In Nevada, Jennifer L. Carleton, Andrew D. Moore

UNLV Gaming Law Journal

In this Article, we examine the various laws and regulations that affect a gaming enterprise debtor and its creditors. We examine various examples of overleveraged gaming companies operating in Nevada and the steps taken to modify these companies’ financial obligations. Our analysis focuses on four gaming companies that filed for bankruptcy protection—Tropicana Entertainment, Station Casinos, Riviera Holdings, and Black Gaming-and three gaming companies that restructured their debt obligations, through differing procedures but without filing for bankruptcy protection—Cosmopolitan, M Resort, and Palms.

Even Moe Dalitz Would Blush: Why The District Attorney Has No Business Collecting Unpaid Casino Markers, Francis J. Mootz Iii

UNLV Gaming Law Journal

Gambling has a long and circuitous history in American law. Perhaps the strangest turn in this journey is the current situation in Nevada, in which the District Attorney uses the force of criminal law to collect unpaid loans owed to casinos in return for a generous ten percent bounty. It is part of the lore of Las Vegas that the mob running some of the casinos in the city would send a bagman to collect unpaid debts, with a variety of unpleasant consequences for those who refused to pay. Morris Barney “Moe” Dalitz reputedly was the last of the great …

Introduction: Bankruptcy, Debt & Gaming Law Symposium, Jennifer L. Carleton

UNLV Gaming Law Journal

An introduction to the symposium issue on Bankruptcy, Debt & Gaming Law.

The Long And Winding Road: State Sovereign Immunity's Effect On Gaming License Revocation For The Casino Debtor, Christopher M. Humes

UNLV Gaming Law Journal

One of the most vital and contentious proceedings between a casino debtor and a regulatory agency is a post-petition license revocation hearing. Much debate exists about whether the license qualifies as property of the estate and whether the regulatory agency can be exempted from the protections inherent in the Bankruptcy Code due to the use of police and regulatory power. However, maybe the most contentious and impactful debate is whether the regulatory agency is free from the bankruptcy court’s jurisdiction due to the Eleventh Amendment’s guarantee of sovereign immunity.

At the center of the tension concerning sovereign immunity lies 11 …

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 …

Introduction: Bankruptcy, Debt & Gaming Law Symposium, Robert D. Faiss

UNLV Gaming Law Journal

An introduction to the symposium issue on Bankruptcy, Debt & Gaming Law.

When Gaming Goes Heads Up With The Bankruptcy Code: Unique Restructuring Issues For Gaming Businesses In Difficult Economic Times, Dawn M. Cica, Laury M. Macauley

UNLV Gaming Law Journal

The intersection of gaming and bankruptcy law has long presented legal conflicts that have never been easily reconciled. This problem has been exacerbated in recent years by the current global and national economic turbulence that has greatly impacted the casino gaming industry and has led to a sizeable increase in the number of businesses using bankruptcy to restructure and/or liquidate assets.

Table Of Contents, Editorial Board, Law School Faculty And Administration, Advisory Board, Advisory Council, Sponsors, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel

UNLV Gaming Law Journal

This Article argues that the intricate, vast amounts of consumer information compiled through casino structured intelligence require greater protection and oversight in the contexts of both bankruptcy and law enforcement. Section II examines the various types of casino technology and information gathering that casinos perform. Section III considers the available protections of private information in terms of security breaches, law enforcement sharing, and sales in the context of a bankruptcy. Section IV discusses additional safeguards and ethical concerns that should be considered as casinos continue to increase their data mining efforts. Finally, Section V concludes that, minimally, consumers are entitled …

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 …

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 …

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 …

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. …

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.

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 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.

Reconciling The Paradox Of Tribal Sovereignty: Three Frameworks For Developing Indian Gaming Law And Policy, Steven Andrew Light, Kathryn R.L. Rand

Nevada Law Journal

No abstract provided.

Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn

Nevada Law Journal

No abstract provided.

A Bad Bet: Federal Criminalization Of Nevada's Collegiate Sports Books, Ronald J. Rychlak

Nevada Law Journal

No abstract provided.

Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier

Nevada Law Journal

No abstract provided.