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2020 My Legal Bookie 1 (2020)

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My Legal Bookie


New York Trial Court Ruling Looks at

Connection Between Gambling and

Fantasy Sports, Ifrah Weighs In


By Ellen Zavian, Editor in Chief

\  ust what does 'gambling' mean? That
   is what the New York Supreme Court
on February 6, 2020 set out to define
when interpreting a law signed by Gov.
Andrew Cuomo  in 2016, which cleared
the way for companies like FanDuel and
DraftKings to operate legally in the State
of New York.
   The lawsuit challenged the constitu-
tionality of the lawvoted on by legislators
(legalizing interactive fantasy sports (IFS)
activity). This legislative effort basically
carved out an IFS exemption in existing
gambling laws because without it, fantasy
sports activity in the State of New York
would be illegal.


  While the Court came down hard on
lawmakers for not taking this issue to the
voters, at large, it did clarify the definition
of gambling, which was not defined in
the NY Constitution by reviewing a 1965
Penal Law Code. Specifically,

   In 1965, many years before the rise
   in popularity of IFS, the Legislature
   defined gambling in the Penal Law
   (Penal Law § 225.00). According to
   that definition, [a] person engages
   in gambling when he [or she] stakes
   or risks something of value upon the
   outcome of a contest of chance or a
   future contingent event not under his
   [or her] control or influence, upon an
          S   & CUR RUN  n  ae


All  Bets Are Off: Three Legal Implications of Purdue University's

Sports Wagering Policy


By Lauryn Robinson. GWU Law  2L

   n the midst of an exciting sports season,
 \.students, faculty and staff at Purdue
 University may want to place bets on their
 favorite teams to support their fellow Boil-
 ermakers. But, with Purdue University's new
 sports wagering policy, all bets are called off.
   The landmark Supreme Court case Mur-
phy v. National CollegiateAthleticAssociation
(hfl/eu  wkpdtr/wk/upy


held the Professional and Amateur Sports
ProtectionAct (PASPA), prohibiting state
authorized sports gambling, was uncon-
stitutional. In light of this decision, states
began to take advantage of legalizing the
taxation and regulation on sports betting
in their respective states. By May 8, 2019,
the Indiana legislature signed HB 1015,
authorizing state-wide mobile and online
sports betting in the state of Indiana.
  Augmented  access to sports combined
with an acceptance of sports gambling is


transforming a typical college student into
a professional gambler. To address potential
problems of gambling on campus, Purdue
Universitys Board of Trustees approved
a sports wagering policy banning faculty,
staff, non-athlete students, independent
contractors, clinical interns, and visiting
professors from placing bets on sporting
events involving any Purdue teams, coaches
or student-athletes. The Purdue policy ap-
plies to wagers placed in-person and online.
          See  EGA  IMPCATONSPage 6


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