21 Pages Posted: 12 Feb 2013 Last revised: 3 May 2013
Date Written: February 12, 2013
On December 21, 2012, Judge Michael Shipp issued the first ruling in NCAA v. Christie, finding that The National Collegiate Athletic Association (“NCAA”), National Basketball Association (“NBA”), National Football League (“NFL”), National Hockey League (“NHL”), and the Office of the Commissioner of Baseball doing business as Major League Baseball (“MLB”) (collectively “the Leagues”) had presented sufficient evidence to establish standing and survive summary judgment on a Motion to Dismiss filed by Christopher J. Christie, Governor of the State of New Jersey, David L. Rebuck, Director of the New Jersey Division of Gaming Enforcement and Assistant Attorney General of the State of New Jersey, and Frank Zanzuccki, Executive Director of the New Jersey Racing Commission (collectively, “Defendants”). To establish standing, the Leagues relied on the holdings of Doe and Meese providing that a Plaintiff may establish standing on the grounds of perceived harm so long as the perceived harm is based in reality. The Leagues argued that several internal studies conducted by the NCAA and NBA established standing on the grounds of perceived harm in line with the holdings of Doe and Meese. There are serious questions as to whether the surveys offered by the Leagues demonstrate reputational injury amounting to real and immediate harm. This article will explore the pitfalls of the evidence relied on by the Leagues, establishing that any further reliance on these surveys, or arguments structured in similar fashion, must be viewed with a heightened level of scrutiny.
Readers should note that this is a working paper and does not address in detail all of the arguments presented, including those set forth by the Department of Justice. As this case continues to develop, additional arguments and analysis will be supplemented.
Keywords: sports gambling, New Jersey Sports Gambling Law, PASPA, gambling
Suggested Citation: Suggested Citation
Burkhart, Nicholas and Welsh, Dylan, The Legalization of Sports Gambling: An Irreparable Harm or the Beginning of Unprecedented Growth? (February 12, 2013). Available at SSRN: https://ssrn.com/abstract=2215702 or http://dx.doi.org/10.2139/ssrn.2215702