Occam's Razor and Sports Wagering Law

Harvard Journal on Sports and Entertainment Law, Forthcoming

4 Pages Posted: 3 Sep 2015

See all articles by John T. Holden

John T. Holden

Oklahoma State University

Anastasios Kaburakis

Saint Louis University - Richard A. Chaifetz School of Business

Ryan M. Rodenberg

Florida State University - College of Education; Florida State University - College of Law

Date Written: January 25, 2015

Abstract

On January 14, 2015, New Jersey, Governor Chris Christie, filed his most recent brief (“Christie II”) to the Third Circuit Court of Appeals in the state’s continued attempt to offer sports wagering within their borders. In New Jersey’s first attempt to offer sports gambling (“Christie I”) at casinos and racetracks, the state argued that the Professional and Amateur Sports Protection Act (“PASPA”) violated the anti-commandeering protections of the Tenth Amendment, the equal sovereignty principles of the commerce clause, and that the plaintiff sports leagues lacked Article III standing. The Third Circuit was unmoved by these arguments and ruled in favor of the quintet of sports leagues, and intervenors United States. Contained within the Third Circuit’s decision was a footnote stating that “PASPA’s legislative history is clear as to the purpose behind its own exemptions…” This otherwise innocuous statement may represent a material error in the Third Circuit’s reasoning, because the Supreme Court, in a unanimous decision authored by Justice Stevens, seemingly came to a different conclusion in 1999.

Keywords: Government regulation, federalism, sports betting, gambling, gaming law, fantasy sports, professional leagues, NCAA, PASPA, standing, rights to games, legislative history

JEL Classification: K00, K10, K19, K20, K23, K29, K30, K39, K40, K49, L50, L59, L80, L83, L89

Suggested Citation

Holden, John and Kaburakis, Anastasios and Rodenberg, Ryan M., Occam's Razor and Sports Wagering Law (January 25, 2015). Harvard Journal on Sports and Entertainment Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2653466

John Holden

Oklahoma State University ( email )

201 Business Building
Stillwater, OK 74078-0555
United States

Anastasios Kaburakis (Contact Author)

Saint Louis University - Richard A. Chaifetz School of Business ( email )

3674 Lindell Blvd
Davis-Shaughnessy Hall 407
St. Louis, MO 63108-3397
United States

Ryan M. Rodenberg

Florida State University - College of Education ( email )

Tully Gym 1002
1114 W. Call Street
Tallahassee, FL 32306-4450
United States
850-645-9535 (Phone)
850-644-0974 (Fax)

HOME PAGE: http://education.fsu.edu/faculty-and-staff/dr-ryan-rodenberg

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-645-9535 (Phone)
850-644-0974 (Fax)

HOME PAGE: http://education.fsu.edu/faculty-and-staff/dr-ryan-rodenberg

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