Gaming Law Commons^™

The History Of Internet Cafés And The Current Approach To Their Regulation, Marc W. Dunbar, Daniel R. Russell

UNLV Gaming Law Journal

This Article will examine the rise of Internet cafés by tracing their gambling roots back to the early evolution of gray market slot machines, such as mint dispensers, up to more modern pull-tab machines. It will also provide an overview of how local governments, state regulators, attorneys general, and state legislatures are dealing with the spread of Internet cafés and the “simulated gambling machines” played therein. Finally, it will offer some options to communities faced with these gambling operations when state laws provide insufficient guidance, regulation, or law enforcement to address the legitimacy of these operations.

Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris

UNLV Gaming Law Journal

In Ancient Rome, gambling, at least in the form of dice games, was generally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohibition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might …

Gaming Regulatory Systems: How Emerging Jurisdictions Can Use The Three Major Players As A Guide In Creating A Tailored System For Themselves, Nicole Laudwig

UNLV Gaming Law Journal

This note will first examine the existing gaming control systems in the three most prominent jurisdictions: Nevada, Macau, and Singapore. The second portion of the note will suggest what features of these existing gaming control systems should be implemented into emerging gaming jurisdictions, with Nevada as the primary model, and what additional features the new jurisdictions will want to consider.

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 …

The Internet Gaming Industry For Newbies, Cory Nebel

UNLV Theses, Dissertations, Professional Papers, and Capstones

The United States internet gaming industry is one which, while many people are aware of its existence, very few fully understand. There remains a tremendous amount of confusion amongst the American public regarding whether or not gambling online in the U.S. is a legal activity. While most would claim to have heard reports that U.S. internet gambling is against the law, just as many people are able to quickly reference both friends and family who regularly gamble online. Through the use of secondary research, this paper will explore a wide range of pre-existing literature on both the internet gaming industry …

Moral Markets And The Problematic Proprietor: How Neoliberal Values Shape Lottery Debates In Nevada, Christopher Wetzel

Occasional Papers

All but seven states have legalized lotteries since New Hampshire ushered in the modern lottery era in 1964. Although casino gaming has been permitted since 1931, Nevada has rejected multiple legislative proposals amend the State Constitution and create a state-run lottery. This paper theorizes the lottery’s absence in Nevada, focusing in particular on the role of the state. Lotteries are distinct from other forms of gaming because states act simultaneously as the operation’s regulator and proprietor. In this case, Nevada’s lottery legalization debates over the last half century reflect the profound moral valence of markets. The state as a potential …

The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula

Pepperdine Law Review

No abstract provided.

Implementing A State Lottery In Nevada, Benjamin K. Boulton

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study is to assess the feasibility of implementing a state lottery in Nevada and to present the benefits of a state lottery for both the Nevada hospitality industry and the Nevada economy. It will compare and contrast the arguments for and the arguments against a lottery by executing a content analysis of existing research literature as well as other relevant publications. It will also examine the history of lotteries, the states that border Nevada and have lotteries and the legislative history of lottery proposals in Nevada.

Making Peace The Old Fashioned Way: Infusing Traditional Tribal Practices Into Modern Adr , Matt Arbaugh

Pepperdine Dispute Resolution Law Journal

Native Americans have their own unique traditional method of resolving disputes. Their processes, called peacemaking by some tribes, place the emphasis not on the guilt of the wrongdoer, but on restoring relationships and finding a solution that is amenable to all involved. This emphasis on saving the relationship has many similarities to current practices of mediation. Among the similar goals between mediation and peacemaking are the use of ADR allows both sides to reach a better conclusion and the desire to spend less money and to satisfy more people. However, this approach has critics who see it as another attempt …

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.

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …

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 …

The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch

Political Science Theses and Capstones

Poverty rates on Indian reservations are far higher than the national average. Since Tribal Governments have at least some control over these reservations, to what extent are they to blame for these higher than average poverty rates? I look at each reservation and their type of government, constitution, policies and demographics to analyze the causes of their poverty as it relates to tribal government. There are many other pieces of research that are similar to this, but none looking specifically at the overall effects the government has on its community. My hypothesis is that communities with higher poverty rates tend …

The Legalization Of Casino Gambling In Mainland China, Xi Liu

UNLV Theses, Dissertations, Professional Papers, and Capstones

The study of growth in the international casino gaming is currently fascinating. Local residents do not view casino operations negatively anymore. The great success of the regulation of the gaming industry and the resulting highly profitable returns in areas such as Las Vegas has encouraged jurisdictions to introduce gaming into their local economies. Various studies have been done to assess the potential reasons behind the introduction of the gaming industry into regions that have previously banned it; however, only a handful of research has been done regarding the potential gaming industry in mainland China. Given the huge success observed in …

Halos, Alibis And Community Development: A Cross National Comparison Of How Governments Spend Revenue From Gambling, Lynn Gidluck

Occasional Papers

This paper provides a cross-national comparison of how governments around the world distribute revenues from state-directed gambling and how these choices have been justified by proponents and vilified by critics. Case studies where governments have popularized gambling expansion by “earmarking” revenues for particular good causes and where the state has collaborated with the voluntary sector to deliver programs from this revenue stream are examined. Lessons learned from challenges of various approaches are considered.

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.