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36 Ga. St. U. L. Rev. 845 (2019-2020)
Why Georgia Should Get off the Bench and Profit from the Inevitability of Sports Betting

handle is hein.journals/gslr36 and id is 899 raw text is: WHY GEORGIA SHOULD GET OFF THE BENCH AND PROFIT FROM THE INEVITABILITY OF SPORTS BETTING Andrew Smith* INTRODUCTION Although Americans bet an estimated $80 to $380 billion annually on sporting events, only about $2.5 billion was wagered legally before May 14, 2018.1 Framed differently, at a minimum, the government has forgone collecting tax revenues on approximately $75.2 billion. Rather than retain the power to tax this figure, Congress passed the Professional and Amateur Sports Protection Act (PASPA) in 1992, which prohibited sports betting outside Nevada.2 In spite of the government's predilection for regulated oversight to reduce corruption, Congress believed a legalized sports betting market would increase fraud and ruin the integrity of sports.' While the federal government cast a scarlet letter on sports betting, individual states retained discretion regarding the legality of other forms of gambling, such as casinos and lotteries.4 Despite its * J.D. Candidate, 2020, Georgia State University College of Law. I want to give a special thanks to my fellow members of the Georgia State University Law Review for all of your time and effort leading up to publication of this Note. 1. NAT'L GAMBLING IMPACT STUDY COMM'N, FINAL REPORT 2-14 (1999); see also Michael Levinson, A Sure Bet: Why New Jersey Would Benefit from Legalized Sports Wagering, 13 SPORTS L.J. 143, 144 (2006); Andrew Vacca, Sports Betting: Why the United States Should Go All In, 11 WILLAMETTE SPORTS L.J. 1, 1 (2014). 2. 28 U.S.C. §§. 3701-3704 (2018); see also Andrew Brandt, Professional Sports Leagues'Big Bet: Evolving Attitudes on Gambling, 28 STAN. L. & POL'Y REV. 273, 277-78 (2017) (describing how the preexisting sports betting practices in Delaware, Montana, Oregon, and Nevada granted these states exemptions from PASPA, and noting only Nevada offered full-scale sports betting on professional and collegiate sporting events, whereas the Delaware and Oregon lotteries each only allowed multi-game parlay betting on National Football League games). 3. Justin Fielkow, Daniel Werly & Andrew Sensi, Tackling PASPA: The Past, Present, and Future of Sports Gambling in America, 66 DEPAUL L. REV. 23, 30-31 (2016); Christopher Polisano, Betting Against PASPA: Why the Federal Restrictions on Sports Gambling Are Unconstitutional and How They Hurt the States, 25 JEFFREY S. MOORAD SPORTS L.J. 453, 459 (2018). 4. Daniel N. Clay, Playing the Odds: The Realities of State-By-State Suitability Determinations and the Need for Federal Regulation, 8 UNLV GAMING L.J. 79, 80-81 (2018) (noting how courts have

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