The Law of Sports Wagering in the United States

2016 ◽  
Author(s):  
Jeffrey Standen
Keyword(s):  
United States ◽  
The United States ◽  
Sports Betting ◽  
Fantasy Sports ◽  
Complex Interplay ◽  
Daily Fantasy Sports ◽  
Fantasy Play ◽  
The Law

The law of sports wagering in the United States reflects the exceptionalism of sports. Although limitations on gambling in general have undergone significant liberalization in recent decades, sports wagering remains subject to a complex interplay among federal and state prohibitions. This exceptionalism stems from the notion that sports contests would be ineluctably corrupted by betting, potentially giving contestants unduly large investments in the outcome, or in shaping the magnitude of the victory. Despite this continuing antipathy toward sports betting as a matter of formal legality, recent legal developments have unwittingly created a burgeoning industry in sports betting, which industry has created significant instability in the general prohibition. Specifically, the rise of daily fantasy sports contests, which can feature contests that appear remarkably similar to single-game bets on the outcome of a game, has both evidenced the domestic appetite for sports wagering, and has pushed against the boundaries set by the anti-gambling prohibitions. The legality of daily fantasy sports is highly debatable, and calls into question the very nature of a sports bet as a game of chance or skill, and whether or not fantasy play presents a substantially different set of characteristics. Whatever the legal outcome, strong arguments exist that suggest that fantasy play would not give rise to the concerns that animated the general prohibition on sports wagering.

Daily Fantasy Sports and PASPA

2017 ◽  
Author(s):  
Daniel L. Wallach
Keyword(s):  
Attorney General ◽  
Analytical Framework ◽  
Sports Betting ◽  
Fantasy Sports ◽  
State Legislation ◽  
Sports Industry ◽  
Sports Gambling ◽  
Daily Fantasy Sports ◽  
State Legislative ◽  
Legislative Measures

Recent state legislation regulating fantasy sports contests may present a different type of threat to the nascent fantasy sports industry—the possibility that the U.S. Attorney General (or others) could invoke PASPA to enjoin the state law. This is the same law that prohibits states from legalizing traditional, single-game sports betting. Although PASPA has not yet surfaced as an obstacle to state legalization of DFS, it may emerge as an important issue as additional state legislative measures are introduced, particularly with a new U.S. Attorney General potentially taking a harder look at Internet gambling generally. Further, as more and more states begin passing laws legalizing daily fantasy sports contests, many have begun to question why some forms of sports gambling are allowed but not others. This chapter examines how PASPA could apply to state-sanctioned fantasy sports and provides an analytical framework for assessing the viability of such legislation under PASPA.

Fun v. Pulgar and Albergrin

2019 ◽  
Vol 180 ◽  
pp. 722-727
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Activity ◽  
Domestic Servant ◽  
The Law ◽  
Diplomatic Immunity

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States

Justifying “Wholesale Slaughter”

1975 ◽  
Vol 5 (2) ◽  
pp. 245-258
Author(s):  
Donald VanDeVeer
Keyword(s):  
United States ◽  
Young Children ◽  
Late Stage ◽  
Homo Sapiens ◽  
The United States ◽  
Human Being ◽  
Recent Trial ◽  
The Law

In a recent trial in the United States a physician was convicted of manslaughter during the performance of a hysterotomy on a woman pregnant from twenty to twenty eight weeks. Some members of the jury, in their deliberations, were much impressed by seeing a photograph of a fetus of about the same age. The experience apparently provided some jurors with reason to conclude that the fetus which did die during or immediately after the hysterotomy was a human being or a person or, at least, was so like a child that the killing of it was prohibited by the law of homicide. If being a human being is not the same as being a pre-natal progeny of homo sapiens, it is difficult to understand how one could “tell by looking” whether the fetus is a human being. But the sight of a fetus of twenty weeks or longer does, I think, tempt us to think that from a moral standpoint we ought to extend the same treatment to such fetuses, or virtually the same, as we extend to newborn babies and young children. The visual similarities between middle or late stage fetuses and newborn babies is striking.

Diálogos militares by Diego García de Palacio: The first American work on the law of nations

1992 ◽  
Vol 32 (290) ◽  
pp. 446-451 ◽  
Author(s):  
Alejandro Valencia Villa
Keyword(s):  
United States ◽  
Civil War ◽  
Code Of Conduct ◽  
The United States ◽  
Internal Conflict ◽  
Humanitarian Law ◽  
Law Of Nations ◽  
Simon Bolivar ◽  
The Law ◽  
The Government

Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.

Equality Challenged: Equal Rights and Sexual Difference

1994 ◽  
Vol 6 (1) ◽  
pp. 40-72 ◽  
Author(s):  
Jane Sherron de Hart
Keyword(s):  
United States ◽  
Sexual Difference ◽  
The United States ◽  
Democratic Society ◽  
Constitutional Amendment ◽  
Federal Legislation ◽  
Equal Rights Amendment ◽  
Equal Rights ◽  
Republican Government ◽  
The Law

“ERA Won't Go Away!” The words were chanted at rallies and unfurled on banners at countless marches as the deadline—June 30, 1982—approached for ratification of the Equal Rights Amendment. To include in the Constitution the principle of equality of rights for women, supporters insisted, was an essential of republican government in a democratic society. Congress had shared that perception in 1972, passing a series of measures aimed at strengthening and expanding federal legislation banning discrimination on the basis of sex. Included was a constitutional amendment simply stating that “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.” Thirty-five of the thirty-eight states necessary for a three-fourths majority needed to amend the Constitution had given their approval.

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