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31 Marq. Sports L. Rev. 1 (2020-2021)
Criminalizing Match-Fixing as America Legalizes Sports Gambling

handle is hein.journals/mqslr31 and id is 13 raw text is: ARTICLES

CRIMINALIZING MATCH-FIXING AS
AMERICA LEGALIZES SPORTS GAMBLING
JODI S. BALSAM*
INTRODUCTION
In May 2018, the Supreme Court decided Murphy v. NCAA,2 striking down
the Professional and Amateur Sports Protection Act (PASPA) that prohibited
states from allowing sports betting.3 At this writing, more than two years after
PASPA's judicial repeal, eighteen states have enacted legal sports betting, five
states plus Washington, D.C. have passed legislation that is pending launch, and
twenty-four more have introduced sports gambling bills.4 Somewhat
myopically, these legislative efforts fail to address the game integrity concerns
flagged by the sports leagues and other entities that create the contests on which
* Associate Professor of Clinical Law, Director of Externship Programs, Brooklyn Law School. I received
excellent research assistance from Nick Rybarczyk, Matthew Schechter, Madison Smiley, and Katherine
Wilcox. Thank you to Daniel Wallach and to participants in the Brooklyn Law School Faculty Workshop for
their time and helpful comments and suggestions. I also benefited enormously in writing this article from my
experience as in-house counsel at the National Football League from 1994 through 2006, but all opinions
expressed herein are entirely my own.
1. This article builds on my prior scholarship examining the history of American match-fixing scandals;
how leagues and law enforcement have attempted to deter, detect, and punish the malefactors; and how with
the onset of legal sports betting state governments have missed the opportunity to regulate for game integrity.
Jodi S. Balsam, Legislatingfor Game Integrity as U.S. States Legalize Sports Betting, LAwINSPORT 4-6 (Sept.
6, 2019), https://ssm.com/abstract=3455424.
2. 138 S. Ct. 1461 (2018).
3. 28 U.S.C. §§ 3701-3704 (2020).
4. See Ryan Rodenberg, United States of Sports Betting: An Updated Map of Where Every State Stands,
ESPN (June 9, 2020), https://www.espn.com/chalk/story/_/id/19740480/the-united-states-sports-betting-
where-all-50-states-stand-legalization; see also Dustin Gouker, Legislative Tracker: Sports Betting, LEGAL
SPORTS REP., https://www.legalsportsreport.com/sportsbetting-bill-tracker/(last visited Dec. 12, 2020).

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