A Short Treatise On Sports Gambling and the Law: How America Regulates Its Most Lucrative Vice

83 Pages Posted: 14 Apr 2020

See all articles by John T. Holden

John T. Holden

Oklahoma State University

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: March 17, 2020

Abstract

On May 14, 2018, the U.S. Supreme Court issued its seminal ruling in Murphy v. NCAA, which held that the Professional and Amateur Sports Protection Act (PASPA) violated the Tenth Amendment of the United States Constitution. This ruling, in conjunction with other societal changes, has opened the floodgates for states to liberalize laws on sports betting. In less than two years since the Supreme Court’s Murphy decision, nineteen U.S. states, in addition to Washington D.C., have legalized sports betting in some form. Meanwhile, eleven states have specifically legalized online sports betting. This article (or, perhaps more accurately stated, short treatise) is the first of its kind to provide a detailed analysis of how the United States regulates sports gambling in the aftermath of Murphy v. NCAA. The article examines closely the history of sports gambling, seminal legal decisions involving the sports betting industry, new state regulatory systems that have emerged since the Supreme Court’s Murphy decision, newfound legal risks for companies that operate in sports gaming markets, and important matters of public policy related to regulating America’s most lucrative vice.

Keywords: K00, K10, K11, K19, K20, K23, K29, K30, K39, K40, K49, L50, L59, L80, L83, L89, O34

JEL Classification: sports gambling, regulation, federalism, gaming

Suggested Citation

Holden, John and Edelman, Marc, A Short Treatise On Sports Gambling and the Law: How America Regulates Its Most Lucrative Vice (March 17, 2020). John T. Holden & Marc Edelman, A Short Treatise On Sports Gambling and the Law: How America Regulates Its Most Lucrative Vice, 2020 Wis. L. Rev. (Forthcoming, Dec. 2020)., Available at SSRN: https://ssrn.com/abstract=3556122 or http://dx.doi.org/10.2139/ssrn.3556122

John Holden (Contact Author)

Oklahoma State University ( email )

201 Business Building
Stillwater, OK 74078-0555
United States

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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