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Full-Text Articles in Gaming Law

The Safest Bet: A Comprehensive Review Of The Fall Of Paspa And The Rise Of Sports Betting, Daniel Boswell Mar 2020

The Safest Bet: A Comprehensive Review Of The Fall Of Paspa And The Rise Of Sports Betting, Daniel Boswell

University of Miami Business Law Review

In May of 2018, the United States Supreme Court held in Murphy v. National Collegiate Athletic Association that a federal prohibition on sports gambling was in violation of the anti-commandeering doctrine of the Tenth Amendment. In the wake of the decision, many commentators have opined that the opinion, authored by Justice Alito, may have serious implications on contentious political issues ranging from marijuana legalization to sanctuary cities. While the decision left state legislatures with the authority to permit sports gambling, it did not affirmatively close the door on federal oversight—a topic of much recent debate. This note will explore potential …


The Federalism Jackpot In Murphy V. Ncaa: Going All In On Anti-Commandeering Fails To Protect The Vulnerable, Erik Shannon Jan 2020

The Federalism Jackpot In Murphy V. Ncaa: Going All In On Anti-Commandeering Fails To Protect The Vulnerable, Erik Shannon

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Passing The Ball: The United States Supreme Court Strikes Down Paspa And Throws Sports Gambling Back To State Legislatures, Hunter M. Haines Jul 2019

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.


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 …


Gamblization: The Rise Of Sports Gambling And The Need To Repeal Paspa, Alex Lowell Jun 2017

Gamblization: The Rise Of Sports Gambling And The Need To Repeal Paspa, Alex Lowell

Pace Intellectual Property, Sports & Entertainment Law Forum

The National Gambling Impact Study Commission, in its final report to Congress, estimated American’s bet as much as $380 billion per year on sports, making it by far the largest form of illegal wagering, and that report was released in 1999. With the growth of the Internet and technology, there is no doubt that these staggering figures are far larger today. Based on the current structure, 99% of sports gambling continue to operate untaxed and unregulated in defiance of state and federal law. The time has come for the United States to repeal the Professional and Amateur Sports Protection Act …


The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro Apr 2017

The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro

Seton Hall Circuit Review

No abstract provided.


Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy Jan 2016

Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy

Brooklyn Journal of Corporate, Financial & Commercial Law

Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …


A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden May 2013

A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden

Pace Intellectual Property, Sports & Entertainment Law Forum

The legal status of gaming activities on First Nations land within Canada is complicated. The foci of this paper are two-fold. First, we trace the origin and expansion of First Nations gaming. Second, we analyze the potential of First Nations as hubs for the growing global e-gaming industry, with an emphasis on Internet poker and online sports wagering. We conclude by positing that the Canadian regulatory scheme presents an opportunity to First Nations in connection with e-gaming.


Covering The Spread: An Assessment Of Amateurism And Vulnerability Of Student-Athletes In An Emerging Culture Of Sports Wagering, Caitlin D. Buckstaff Jan 2013

Covering The Spread: An Assessment Of Amateurism And Vulnerability Of Student-Athletes In An Emerging Culture Of Sports Wagering, Caitlin D. Buckstaff

Vanderbilt Journal of Entertainment & Technology Law

Sports gambling is an extremely lucrative, but scrutinized, industry. Athletic organizations contend that any form of sports wagering adversely affects players, teams, and spectators. They argue that intermingling gambling with sports turns spectators into skeptics and taints honest and fair competition. Congress enacted legislation limiting the scope of permissible sports wagering, but this legislation is under attack by many states advocating its repeal. The expansion of legalized sports wagering poses a threat, particularly on collegiate athletics. By definition, college athletes are amateurs. The definition of amateurism forms the foundation for the regulations governing intercollegiate competition. But, this status coupled with …


Gambling In A Fantasy World: An Exploratory Study Of Rotisserie Baseball Games, Bo Bernhard, Vince Eade Dec 2012

Gambling In A Fantasy World: An Exploratory Study Of Rotisserie Baseball Games, Bo Bernhard, Vince Eade

UNLV Gaming Research & Review Journal

The purpose of this article is to map the social landscape of the burgeoning fantasy baseball gaming phenomenon. This study relies upon two approaches: an analysis of the existing gambling literature to look for useful theory and research applications, and observations of fantasy baseball players to better understand their behaviors. The authors seek to provide an exploratory framework that will aid in the development of future theory and research on these phenomena.


The Professional And Amateur Sports Protection Act (Paspa): A Bad Bet For The States, Eric Meer Oct 2011

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 …


The Pendulum Swings: Commerce Clause And Tenth Amendment Challenges To Paspa, Thomas L. Skinner Iii Oct 2011

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 …