Due Process, Private Nondelegation Doctrine, and the Regulation of Sports Betting
UNLV GAMING LAW JOURNAL, Vol. 9, Spring 2019
21 Pages Posted: 24 May 2019
Date Written: April 26, 2019
The purpose of this article is two-fold. First, this article retrospectively explains why Congress’ move to deputize sports leagues with regulatory power under PASPA unconstitutionally violated both the private nondelegation doctrine and Due Process Clause. Second, this article prospectively analyzes how Congress could run afoul of the Constitution again if it passes a federal law granting private sports leagues the statutory power to unilaterally decide what kind of betting options sports books can offer.
Keywords: Sports Betting; Constitutional Law
JEL Classification: L83
Suggested Citation: Suggested Citation