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21 Marq. Sports L. Rev. 621 (2010-2011)
Ante up or Fold: What Should Be Done about Gambling in College Sports

handle is hein.journals/mqslr21 and id is 625 raw text is: COMMENTS ANTE UP OR FOLD: WHAT SHOULD BE DONE ABOUT GAMBLING IN COLLEGE SPORTS? I. INTRODUCTION Sports gambling, and gambling in general, is an important issue in today's society, particularly for the National Collegiate Athletic Association (NCAA). In an effort to combat this problem, the NCAA has promulgated rules that prohibit gambling, actively supports education on gambling, and lobbies against the legalization of gambling by states.I The NCAA's rules apply only to those people under the control of the NCAA because the rules are internally promulgated by a private organization. In addition to the NCAA's rules, federal laws exist that specifically prohibit gambling on both professional and amateur sports, with a few key exceptions.2 This Comment will delve into sports gambling and demonstrate that, because the NCAA's rules and policies are not making a difference, the NCAA should change its viewpoint from actively policing its own members to advocating for a more comprehensive federal legislation. Part 1I of this Comment gives an overview of the need for gambling regulation. Part III examines federal law, case law, and NCAA regulations that have been enacted to deal with gambling. Part IV covers the recent proposal in Delaware to legalize sports wagering. Part V covers the gambling impact studies and gambling scandals in the NCAA that illustrate the lack of effectiveness of the NCAA's rules and efforts. Finally, part VI concludes with a discussion about why it is unnecessary for the NCAA to continue to be active in policing sports gambling and what the NCAA should do moving forward. II. THE NEED FOR GAMBLING REGULATION Beginning in the 1990s, a variety of studies were done to measure the 1. John W. Kindt & Thomas Asmar, College and Amateur Sports Gambling: Gambling Away Our Youth?, 8 VILL. SPORTS & ENT. L.J. 221, 227-28 (2002). 2. Interstate Wire Act of 1961 (Wire Act), 18 U.S.C. § 1084 (2011); Professional and Amateur Sport Protection Act (PAPSA), 28 U.S.C. § 3702 (2011).

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