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2020 Wis. L. Rev. 907 (2020)
A Short Treatise on Sports Gambling and the Law: How America Regulates Its Most Lucrative Vice

handle is hein.journals/wlr2020 and id is 935 raw text is: A SHORT TREATISE ON SPORTS GAMBLING AND THE LAW: HOW AMERICA REGULATES ITS MOST LUCRATIVE VICE* JOHN T. HOLDEN** & MARC EDELMAN*** On May 14, 2018, the U.S. Supreme Court decisively held in Murphy v. National Collegiate Athletic Association 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 Murphy, eighteen U.S. states, in addition to the District of Columbia, 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 closely examines 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. Introduction .................................................................... 909 I. An Abbreviated History of Sports Gambling Around the World and in the U.S ............................................... 910 A. Early Betting Activities: From Ancient Greece to the United States ..................................................... 910 B. U.S. Betting in the 1800s: An Era of Scandals ............ 912 C. The End of World War II, Nevada Turf Clubs, and the Kefauver Commission .......................................... 914 D. The First Legislative Era ...................................... 916 E. The Second Legislative Era ................................... 918 F. Daily Fantasy Sports............................................ 922 II. Sports Gambling in the Courts ..................................... 924 A. NFL v. Governor of Delaware ................................ 924 B. United States v. Cohen ......................................... 926 * The named authors contributed equally to the creation of this Article. In the true gambling spirit, they flipped a coin to determine whose names would appear first. Marc flipped the coin. John called tails. The coin landed tails. And both are now wondering if the element of consideration was met by their actions. Perhaps, that's a topic for a future law review article. ** John T. Holden, J.D., Ph.D., Assistant Professor, Spears School of Business, Oklahoma State University. He can be contacted at john.holden@okstate.edu. *** Marc Edelman, J.D., Professor, Zicklin School of Business, Baruch College, City University of New York. He can be contacted at marc@marcedelman.com.

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