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11 Harv. J. Sports & Ent. L. 73 (2020)
You Can Bet on It: The Legal Evolution of Sports Betting

handle is hein.journals/harvsel11 and id is 79 raw text is: L ournal of Sports & Entertainment Law HARVARD LAW SCHOOL You Can Bet On It: The Legal Evolution of Sports Betting Kendall Howell INTRODUCTION Justice Alito delivered the long-awaited opinion of the Court: the Pro- fessional and Amateur Sports Protection Act (PASPA) was an unconstitu- tional violation of the Tenth Amendment's Anti-Commandeering clause. Referred to colloquially as the Bradley Act, PASPA restricted persons, companies or governmental entities from sponsoring or operating any sports-gambling scheme.2 As Senator Bill Bradley, one of PASPA's most prominent champions, noted, As a former professional basketball player, I have witnessed first-hand some of the negative effects of sports gambling ... [PASPAJ attempts) to . . . protect the integrity of sports by proscribing the development of sports gambling.' Today, legislators who may have once shared Senator Bradley's concerns are now looking to capitalize on an in- creasingly popular industry. Since Justice Alito's ruling, states across the nation have passed laws sanctioning sports betting, with major sports leagues and media networks eagerly embracing the nascent enterprise. But, as this Article will discuss, various considerations remain that both sports leagues and state legislators should be aware of as they each work to capital- ize on the continually evolving sports betting world. Section I of this Article will explore the gambling policies of Major League Baseball, the National Football League, and the National Basketball Association, and use past gambling scandals affecting each sport to high- light the application of such policies. Section II of this Article will discuss 1 Murphy v. Nat'1 Collegiate Athletic Ass'n, 138 S. Ct. 1461, 1478 (2018). 2 28 U.S.C. § 3702 (1992). Bill Bradley, The Professional and Amateur Sports Protection Act - Policy Concerns Behind Senate Bill 474, 2 SETON HALL J. SPORT L. 5, 5 (1992) (highlighting the policy justifications for PASPA).

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