Case Law On American Indians August 2018-2019, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

High Stakes: Throwing A Hail Mary To Congress For A Federal Ban On Sports Betting In College Athletics, Kaitlyn Kallert

Journal of Law and Policy

The Supreme Court’s 2018 decision overruling the Professional and Amateur Sports Protection Act’s (“PASPA”) federal prohibition on sports betting as unconstitutional under the Tenth Amendment has cleared the way for states to legalize sports gambling, which, in turn, has proven a controversial subject. Supporters of state legalization of sports gambling “argue that legalization will generate revenue for states and critically weaken illegal sports betting operations, which are often commissioned by organized crime.” However, as the Supreme Court notes, opponents contend that the legalization of sports betting will expose America’s youth to accessible gambling, “encourage people of modest means to squander …

Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne

The Journal of Business, Entrepreneurship & the Law

This note will attempt to shed light on the question of what kind of protection copyright law affords VR experiences. Part II discusses the nature of VR experiences and their implementation through specifically tailored VR technology. Part III provides an overview of copyright protection, its limitations, and specifically the history of the copyrightability of computer programs. Parts IV and V outline case law relevant to the discussion of the copyrightability of different types of VR experiences and how that case law similarly or dissimilarly apply to the protection of VR experiences. Part IV focuses on protecting VR experiences as a …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Hedge Your Bets: How The Legalization Of Sports Betting Could Be The Downfall Of Intercollegiate Sports, Haley M. Robb

West Virginia Law Review

No abstract provided.

Nipped In The Budd? Assessing The Wisdom Of The Gambling Review Body’S Recommendations In Relation To Problem Gambling, Daniel Waugh, Tom Grant

UNLV Gaming Research & Review Journal

The convening of the Gambling Review Body (the ‘Review Body’), between 2000 and 2001 was the most recent attempt by the British Government to consider fully policy objectives for the operation of its licensed gambling market. It followed in a tradition of comprehensive Government-sponsored reviews of gambling (carried out in the twentieth century by Royal Commissions) approximately every 20 to 25 years. The publication of its report in 2001 had a strong influence on the drafting of the Gambling Act 2005 (the ‘2005 Act’), Britain’s principal piece of gambling legislation.

In 2019, Britain’s gambling laws are under review once more. …

A Global Analysis Into Loot Boxes: Is It "Virtually" Gambling?, Kevin Liu

Washington International Law Journal

The video game industry has expanded rapidly in recent years by implementing a microtransaction business model and expanding to a new market of mobile gaming. However, the introduction of loot boxes has been controversial; similar to gambling, gamers pay real money for a randomized microtransaction for a chance to win a random virtual prize of perceived value. Additionally, the items won from these loot boxes, such as cosmetic skins, can potentially be used to bet on other games of chance or even on the outcomes of competitive esports games. With the ease of online payments, the use of manipulative operant …

Passing The Ball: The United States Supreme Court Strikes Down Paspa And Throws Sports Gambling Back To State Legislatures, Hunter M. Haines

Maryland Law Review

No abstract provided.

A Security By Any Other Name: An Inquiry Into Staking Agreements As Securities, Jacob D. Crawley

UNLV Gaming Law Journal

No abstract provided.

State Lotteries And Their Customers, Keith C. Miller

UNLV Gaming Law Journal

No abstract provided.

Entity Wagering And The Dream Of Making Las Vegas The Wall Street Of The West, Theresa Guerra

UNLV Gaming Law Journal

No abstract provided.

"…And The Eye In The Sky Is Watching Us All" - The Privacy Concerns Of Emerging Technological Advances In Casino Player Tracking, Stacy Norris

UNLV Gaming Law Journal

No abstract provided.

The Oral History Of Virginia Mcdowell, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

Virginia McDowell, at the time, was the only female to serve as CEO and President of a large, publicly-traded gaming operation from 2007 until her retirement from Isle of Capri Casinos in April 2016. Leveraging her thirty-five years of casino experience, Ms. McDowell co-founded Global Gaming Women, a non-profit that serves to support, inspire and influence the development of women in the gaming industry through education and mentoring. Today, Ms. McDowell serves on various boards and is often a keynote speaker, moderator or panelist at universities, civic organizations and charitable organizations and major industry conferences.

Sex- And Gender-Based Harassment In The Gaming Industry, Ann C. Mcginley

UNLV Gaming Law Journal

No abstract provided.

The Oral History Of Paul Steelman, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

Mr. Steelman, founder of Steelman Partners, is a world-renowned visionary designer of global entertainment, hospitality and gaming architecture. He's worked on projects such as Golden Nugget, the Mirage, Sands Macau, and Casino Monte-Carlo in Monaco.

Gambling Addiction: Increasing The Effectiveness And Popularity Of Problem Gambling Diversion In Nevada Courts, Kimber Laux

UNLV Gaming Law Journal

No abstract provided.

Who Really Got A Bad Break? A Critical Analysis Of The Bahamas’ Gaming Act No. 40 Of 2014 And The Treatment Of “Bad Actors” Thereunder, Crystal Corbett Knowles

International Conference on Gambling & Risk Taking

No abstract provided.

Gambling And Tourism In South America: An Analysis Of Resort Casinos Evolution And Legislation Comparison In The Continent, Dario Luiz Paixao, Bo Jason Bernhard, Angelica Molteni Paixao, Jose Manoel Goncalves Gandara

International Conference on Gambling & Risk Taking

Abstract

Gambling and tourism industries have been developed by South American governments as a way of generating jobs and revenues. Of all kinds of gambling activities, casinos are the most commonly associated with the hospitality industry. Hotel and resort casinos can be found in every SA country (Argentina, Bolivia, Chile, Colombia, Ecuador, French Guyana, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela) except for Brazil, a two hundred million consumers market that prohibited casinos back in 1946. The purpose of this paper is to better understand the resort casinos evolution in these territories and also to compare legislation aiming to predict …

In Search Of Equilibrium – How Regulatory Changes Impact The Gambling Industry In Poland, Sebastian Meitz, Stanisław Pogorzelski, Przemysław Bloch

International Conference on Gambling & Risk Taking

The so-called Polish “gambling affair” of 2009 resulted in the adoption of a new Act on Gambling. The regulation significantly changed the legal environment in Poland. It was also the starting point of what we identified as the search of equilibrium - a number of further legislative changes aimed at creating a sustainable environment for gambling. Some market segments became delegalized, some monopolized, and others liberalized. The Polish Ministry of Finance and the parliament tried to find the right balance between consumer protection, business growth, and government revenue. A goal that is still to be achieved.

This article examines the …

What Is A Game Of Chance? An Application To Loot Boxes, Wessel Oomens

International Conference on Gambling & Risk Taking

The traditional landscape of games of chance such as lotteries, betting, casinos and slots has become intertwined with complex financial products as well as digital games with elements of chance.

The Netherlands Gambling Authority has issued a guidance paper outlining a five-step decision process in order to determine whether a game classifies as gambling:

• Threshold: is the number of providers, players and the amount money involved considerable enough to warrant spending resources in assessing the game?
• Overlap: is there potential overlap with other rules and regulations, in particular those governing financial products?
• Prize: does the game award its winners with …

Anti Money Laundering And (Online) Gaming: How To Implement Broad And Indistinct Aml Notions - Regulatory Experiences From Europe, Simon Planzer

International Conference on Gambling & Risk Taking

Target audience:

Gaming regulators, gaming companies (notably compliance officers), scholars.

Research questions:

This UNLV supported research project has combined valuable inputs from international AML experts, gaming regulators with significant online and AML experience and AML literature alike. It has notably addressed the following questions:

• How are broad and indistinct AML notions - referring to higher money laundering risk constellations - to be interpreted in the (online) gaming sector specifically?
• How can regulators implement these AML notions proportionately (effectiveness without unnecessary regulatory over-kill)?
• What solutions are available to mitigate the AML risks?

Research background:

Both gaming regulators and gaming companies are …

Skill-Based Gambling Machines: Consumer Attitudes And Capacity For Informed Choice, Sally M. Gainsbury, Kahlil Philander Ph.D., Georgia Grattan Ms

International Conference on Gambling & Risk Taking

Abstract

Skill-based gambling machines combine elements of video games (skill, social interaction, competition, achievement and progress) with the random pay-out schedule of electronic gaming machines (EGMs, slots, pokies, VLTs, FOBTS). These new machines are designed to be more engaging than traditional EGMs and specifically appeal to younger generations to address the aging EGM player base apparent in many international jurisdictions. Skill-based gambling machines are currently only legally-provided in a handful of U.S. states. International regulators have expressed concerns regarding the potential for machines to lead to harms due to players misunderstanding the extent to which skill can influence outcomes (illusions …

Are Gaming Concessions Obsolete? A Comparative Study Of Macau And Portugal, Jorge Godinho

International Conference on Gambling & Risk Taking

Abstract

The concept of a concession for the operation of games of chance is the legal basis of the largest casino gaming industry in the world, that of the Macau Special Administrative Region of the People’s Republic of China. This concept, in its modern form, came to Macau in 1961, from Portuguese law, where it was started in 1927.

This paper has two main goals.

The first is to sumarize the evolution of concessions of games of chance in Portugal and Macau, covering the common legal and conceptual basis in both systems, highlighting the similarities and differences, especially regarding the …

Will Junket Business Change Significantly In Macao?, Changbin Wang, Changbin Wang

International Conference on Gambling & Risk Taking

Will Junket Business Change Significantly in Macao?

Changbin Wang

Professor, Gaming Teaching & Research Center

Macao Polytechnic Institute

Abstract

The unique junket business which has lasted nearly four decades in Macao and has brought more than a half, actually 60%-70% in most of the years, of the gaming revenues to Macao since 2002 is jeopardized due to a couple of factors. First, Macao government has put on stricter regulations after Huang Shan, a junket who brought high rollers from Mainland China to Macao, disappeared in 2014 leaving massive debts, and an accountant in the Dore-operated VIP room at the Wynn …

Sports Betting And Indian Gaming: Overcoming Barriers To Market Entry And Integration Of Sports Books Into Tribal Casinos, Steve Light

International Conference on Gambling & Risk Taking

Abstract

Even before the U.S. Supreme Court issued its decision In Murphy v. NCAA (2018) permitting states to legalize sports wagering, the biggest brand-names in gaming worldwide were positioning themselves to capitalize on the fan base for America’s most recognizable sports leagues.

Sports wagering already is up and running in five states; analysts predict that more than half the states will legalize it within five years. Many will be among the 29 states that currently have casinos owned and operated by American Indian tribes in this $32.4 billion market segment.

There is no firm sense and little data pointing to …

On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective, William H. Williams

Brooklyn Journal of Corporate, Financial & Commercial Law

On May 14, 2018, Justice Alito delivered the majority opinion for the United States Supreme Court in Murphy v. National Collegiate Athletic Association (NCAA). The Professional and Amateur Protection Act (PASPA), a twenty-six-year-old federal statute, was deemed unconstitutional; thus, this decision allows state legislatures to legalize sports betting within their borders. With many states independently legalizing sports gambling, the regulatory landscape throughout the country is becoming a patchwork of state statutes. Additionally, top tier sporting organizations heavily depend on data analytics to formulate game plan strategy, train efficiently, rehab player injuries, gauge team and player performance, etc. The popularity of …

Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use, Natalie Marfo

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the past decade, YouTube saw an upsurge in the popularity of “Let’s Play” videos. While positive for YouTube, this uptick was not without controversy. Let’s Play videos use unlicensed copyrighted materials, frustrating copyright holders. YouTube attempted to curb such usages by demonetizing and removing thousands of Let’s Play videos. Let’s Play creators struck back, arguing that the fair use doctrine protects their works. An increasing number of powerful companies, like Nintendo, began exploiting the ambiguity of the fair use doctrine against the genre; forcing potentially legal works to request permission and payment for Let’s Play videos, without a determination …

Precious And Worthless: A Comparative Perspective On Loot Boxes And Gambling, Andrew Vahid Moshirnia

Minnesota Journal of Law, Science & Technology

No abstract provided.

On The Shoulders Of Giants: Reflections On The Foundations And Futures Of The Study Of Gambling, Bo J. Bernhard

UNLV Gaming Law Journal

Dr. Bo Bernhard was invested as the Phillip G. Satre Chair in Gaming Studies and delivered the Robert D. Faiss guest lecture on gaming law policy on April 5, 2018.

Expert Commentary On Sports Betting Post-Paspa From Becky Harris, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

Becky Harris, appointed by former Nevada Governor Brian Sandoval (2011-2019), served as the first female Chair of the Nevada Gaming Control Board from January 2018 to January 2019. Harris was the first Chair to propose regulations addressing workplace sexual harassment. Prior to serving as Chair, Harris served in the Nevada Legislature for the 2015 and 2017 legislative sessions.