Gaming Law Commons^™

Session 3-2-B: Paspa: An Unconstitutional Patent, Kevin P. Braig

International Conference on Gambling & Risk Taking

The Professional and Amateur Sports Protection Act (“PASPA”) is a patent monopoly because the statute (A) imitates the Crown’s practice of allocating markets by patent; (B) functions like a patent issued under the United States Patent Code; and (C) imposes monopoly-like costs upon the public. The Constitution’s Patent Clause is a brilliant public financing scheme and unique in that it is the only grant of power to Congress in the Constitution that begins with a specific prescription of proper legislative purpose. Congress cannot grant just any person a patent monopoly for any purpose. Rather, Congress can grant a patent monopoly …

Understanding & Crafting Development Agreements In Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The report first briefly explains the real estate development business from the developer’s perspective. It then identifies the components of a typical development agreement. Following this, it describes how agreements change and grow over time and offers an outline of the negotiation process. The appendices provide an overview of five development agreements and highlights interesting provisions that may be food for thought during negotiations on future development agreements. Two of these agreements are for gaming-related projects and three do not include gaming as a potential land use. Copies of the actual agreements can be accessed via links found within the …

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.

New Jersey Vs. The Paragons Of Society: I’Ll Bet On New Jersey Invalidating Paspa, Levi Glick

Pace Intellectual Property, Sports & Entertainment Law Forum

Levi Glick writes an article on the Professional and Amateur Sports Protection Act (“PASPA”), which in effect prohibits state-sanctioned sports betting within the United States. His article addresses the efforts by the State of New Jersey to establish state-sanctioned sports betting within the state, and the subsequent legal challenges brought forth by the professional sports leagues. He focuses on the legal arguments that New Jersey leveled in challenging the leagues’ alleged claims. He also focuses on the Constitutional arguments that weigh in favor of finding PASPA unconstitutional, as well as the public policy arguments for repealing it.

How Bill Eadington Changed Our Lives, David G. Schwartz

UNLV Gaming Research & Review Journal

Since Bill Eadington’s death in February, we’ve come to appreciate just how influential a figure he is in today’s gaming studies world. Hundreds of academics, regulators, and gaming industry professionals have shared their stories of “How Bill Eadington changed my life.”

Examining The Link Between Poker Room Business Volume And Gaming Activity In Slot And Table Games: A Closer Look At A Key Assumption In The Full Service Theory, Anthony F. Lucas

UNLV Gaming Research & Review Journal

Results from three different Nevada hotel-casinos failed to support the popular notion that poker rooms drive business to the slot and table game areas of the casino floor. This result not only questions the validity of a key and somewhat bold operating assumption, it casts a shadow of doubt on the broader Full Service Theory, as applied to the casino floor. Additionally, this work extends Ollstein (2006) by empirically examining the relationships between the daily business volumes of poker rooms and both critical gaming centers (i.e., slots and table games). Five of six key results question the wisdom of offering …

A Diagnosis Of Inherent Problems In Enhancing Service Quality Through Internal Marketing And Organizational Identification In Macau And Singapore Casinos, Sudhir H. Kale, Sangita De

UNLV Gaming Research & Review Journal

With spectacular growth in demand since opening the market to foreign competition, executives within the Macau casino industry have focused their attention on enhancing capacity and opening new casino properties. Meanwhile, the Singapore casino market, barely two years old, has already produced revenues comparable to the Las Vegas Strip. Despite stellar past successes, the long-term scenario for the casino industry in both Macau and Singapore could spell trouble. Specifically, service quality stands to suffer because operators have not devoted adequate thought to their service culture and internal marketing strategy. With overall capacity in Asia slated to increase significantly in the …

Economic Evidence On The Effects Of The Indian Gaming Regulatory Act On Indians And Non-Indians, Katherine Spilde Ph.D., Jonathan B. Taylor

UNLV Gaming Research & Review Journal

When Congress passed the Indian Gaming Regulatory Act (IGRA) in 1988, some tribal leaders perceived the state compacting provision required for casino-style gaming on tribal lands as an erosion of tribal sovereignty that could undermine their early economic development successes and disrupt a precariously successful federal-tribal relationship with regard to tribal self-determination.

In hindsight, however, the substantial growth and myriad positive impacts of the first twenty years of tribal gaming under IGRA reveal the ways that the federal regulatory framework laid out in the law resolved numerous legal dilemmas that had plagued tribal gaming expansion. It is now clear that …

The Finance And Marketing Dilemma: Do Promotional Allowances Actually Increase Revenue And Profits For Atlantic City Casinos?, Toni Repetti

UNLV Gaming Research & Review Journal

Casinos offer free items to attract new guests or to reward their loyal customers. Casino management and marketing personnel believe these promotional allowances are necessary to maintain customers and to increase revenue. Three regression models are run to determine if promotional allowances increase gross revenue, net revenue, and gross operating profit for Atlantic City casinos. Results show that with a $1 increase in promotional allowances there is a significant increase of $4.53 in gross revenue, $3.53 in net revenue, and $1.29 in gross operating profit. These results will help management better understand the effect of offering complimentaries to their customers.

Beating The Odds: Regulation Of Online Gaming Stateside And Abroad, Lisa Lester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A New Legislative Framework For Online Gaming In Spain, Alejandra Boto

UNLV Gaming Law Journal

No abstract provided.

The Doj Gives States A Gift, I. Nelson Rose

UNLV Gaming Law Journal

No abstract provided.

Jeffrey A. Silver: The Man Who Exiled Frank "Lefty" Rosenthal From Nevada Gaming, Kirk D. Homeyer

UNLV Gaming Law Journal

No abstract provided.

Where Islam Meets The West: A Recommendation For The United Arab Emirates And Dubai In Implementing Casino-Style Gaming, Kirsten Van Ry

UNLV Gaming Law Journal

No abstract provided.

The Little League Champions Benched By Jim Crow In 1955: Resistance And Reform After Brown V. Board Of Education, Douglas E. Abrams

Faculty Publications

Little League Baseball, Inc. calls them "the most significant amateur team in baseball history."' The Boston Globe calls their story "one of baseball's cruelest moments." ABC News says that their story is "[n]ot about man's inhumanity to man but man's inhumanity to children."

Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice

UNLV Gaming Law Journal

No abstract provided.

Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck

UNLV Gaming Law Journal

No abstract provided.

The Insider's Guide To Match-Fixing In Football, Declan Hill

Division of Government and Public Service, Investigations Program Faculty Book Series

A WAVE OF MATCH-FIXING THREATENS THE WORLD’S MOST POPULAR SPORT. There are dozens of national police investigations; hundreds of matches from top international games to the Champions League to youth teams have been fixed and over one thousand players, coaches and referees have been arrested. This new form of sports corruption will destroy football, unless we fight it. TO FIGHT IT, WE HAVE TO UNDERSTAND IT. ‘The Insider’s Guide to Match-Fixing in Football’ is an analysis of the motivations, the mechanisms and the methods within this modern form of fixing.

A Constitutional "Inquiry" Into The Texas Racing Act: The Physical Presence Requirement For Wagering & The Dormant Commerce Clause, Amanda Stubblefield

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Lasix And Horseracing: Till Death Do Them Part, Wes Bright

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Unbridled "Spirits": An Integrated Analysis Of The Law, The Science, And The Future Of Thoroughbred Medication, Alexandra D. Logsdon

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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 …

The Pot's Right: It's Time For Congress To Go "All In" For Online Poker, Jeffrey S. Moad

Kentucky Law Journal

No abstract provided.

All Bets Are Off: Revisiting The Professional And Amateur Sports Protection Act (Paspa), Chil Woo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher

Journal of Business & Technology Law

No abstract provided.

Composite Ordinal Forecasting In Horse Racing - An Optimization Approach, Alan Tse, Chan-Ieong Chan

UNLV Gaming Research & Review Journal

Using horse racing data in Hong Kong as an example, this paper looks into the properties of an optimization model for making composite ordinal forecasts based on minimization of the absolute error of the joint distribution of the errors of twelve forecasters of race outcomes. It was found that the optimization model is not only sound theoretically, but it is also robust, and can handle situations when data are sparse.

A Typology Of Technology Applications To Expedite Gaming Productivity, Leslie E. Cummings

UNLV Gaming Research & Review Journal

No abstract provided.

Competing Forces In Sustainable Gambling: Towards A Balanced Approach, Nerilee Hing

UNLV Gaming Research & Review Journal

Social responsibility in gambling is increasingly becoming both a policy issue for governments and industries, and a management issue for gambling operators. While many legalized commercial gambling operators adopt a purely economic orientation to their business, non-profit, charity gambling operators tend to focus on the social benefits of their activities. This paper argues that neither a purely economic nor social orientation to gambling is sustainable in the long-term, but that a balance between the two is needed. A well accepted model of corporate social responsibility is adapted to illuminate the competing forces at work in achieving sustainable gambling, and to …

Commercial Casino Gaming In The United States: A Jurisdictional Analysis Of Gaming Taxes, Licenses, And Fees, Darren A. Prum, Shannon Bybee

UNLV Gaming Research & Review Journal

No abstract provided.

A Market Analysis Of The Family Market In Las Vegas, Lawrence Dandurand

UNLV Gaming Research & Review Journal

The family market in Las Vegas is controversial. However, it already exists. It represents 8 percent of the total Las Vegas visitor market. Empirical data, based on a random sample of2,400 visitors to Las Vegas, are analyzed to provide information relevant to business strategy and public policy development. Research findings indicate significant differences between the family market and other markets.