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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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