Student AWR Spotlight

By David L. Merlino, Touro Law Center class of 2021.

David Merlino is a full-time 3L law student at Touro Law Center.  He developed experience in the Patent Law field at a nearby law firm and is involved in numerous organizations and clinics at the law school. David recently interned at Napoli Shkolnik, PLLC.  Prior to his pursuit of a law degree, he earned a Bachelor of Science in Mechanical Engineering from Manhattan College. This led him into the teaching profession, where he taught physics, chemistry, and computer programming at two different Catholic High Schools in Brooklyn, New York. Simultaneously, David was earning a Master’s of Science in Data Mining and Predictive Analytics from Saint John’s University – Queens. 

I. Introduction

Monday morning, January 20^th, 2020, you walk into work.  You settle in and start to have some small talk with co-workers to warm up for what is going to be another busy week. As you are standing at the coffee machine, someone says, “How ‘bout those NFL (National Football League) playoff games last Sunday?”  In discussing the past weekend’s games, Super Bowl predictions are at the forefront of conversations.  Sports conversations such as these almost always lead to questions such as, “What is the point spread on the game,”[1]  followed by another question, “what is the over under?”[2] These are two of the many sports betting questions that have immersed themselves into the sports world and add to concerns around the continuous debate on the legalization of sports betting in United States. Sports gambling is not limited to betting “against the spread”[3] or wins and losses. Gamblers can even bet on the coin toss[4] during any NFL game or how long Demi Lovato’s Super Bowl National Anthem will last.[5]  In March of 2020, making bets on the possibility a sports season or game gets postponed or cancelled due to the unprecedented COVID-19 pandemic was prevalent.[6]  The list of potential wagers is endless. Betting in professional sports has changed sports culture; it has become a profession for many, beyond casino and sportsbook owners.[7]

When the United States Supreme Court held in Murphy v. National Collegiate Athletic Association[8] that the Professional and Amateur Sports Betting Act violated the Tenth Amendment,[9] it gave states the right to decide if they should legalize sports betting within their state lines.[10]  Progressively, state by state, sports betting is becoming more legalized.  However, when individual states legalize sports betting, several issues arise. One issue is whether gamblers can bet on “amateur” sports games. Each state seems to have different definitions of what constitutes “amateur” and how it is to be classified.  One potential definition of “amateur” is someone who plays a college sport. If amateur has a broader meaning than just referring to a college, does it pertain to high school sports or nationally televised sports tournaments like the “Little League World Series?”  Does an amateur mean an athlete under the age of majority, even though there are some professional athletes under the age of majority?  Could an athlete still be classified as an amateur even if he is paid a low wage compared to the pros?  Further, there are inconsistent state laws such as types of sports and teams someone can bet on, the permittance of online/mobile betting, and minimum betting age.  The overall issue with state autonomy when it comes to sports gambling is the inconsistency it creates, which is unnecessary in preventing foreseeable sports betting problems such as “game fixing” and gambling addictions.

Technology has become the driving force in the growth of sports betting popularity.[11] Through the use of mobile apps and state by state legalization, technology has made it much easier and more accessible for consumers to bet on sporting events.[12] Rather than calling a “bookie” or using an offshore account, or taking out a “loan,” you can now just pick up your smartphone and place a bet on whatever is legally available.[13]  Through the use of sportsbook apps such as FanDuel and DraftKings, all bets can be placed using a debit or credit card.[14] The issues surrounding illegal betting of yesteryear are mitigated because bettors can only bet what they have in their account; there is no promise to “payback.”[15]  Betting on sports has become so integrated into the sports world and even society as a whole, as all of the big sports media companies include and even debate the betting lines.[16]

Consumer access to sports gambling comes with some issues.[17] The obvious side effect of legalizing sports betting is the potential for more consumers to become gambling addicts.[18] Another reason for states’ skepticism towards the legalization of sports betting is “game-fixing.”[19] With states now having autonomy in legalizing and regulating sports gambling, this has led state legislatures to try and regulate sports betting in an effort to minimize or rid these issues.[20] The foreseeable issues that come with the legalization of sports gambling are not minimized by states’ having their own regulations.[21] The issues described above would potentially lead to a cut in profits for sportsbooks and tax revenue for the government, all in an attempt to rid issues that could easily be manipulated by the consumer.[22]

This article examines whether there should be a federal uniform law legalizing sports gambling and whether state autonomy exacerbates the government’s concerns when it comes to state legalization of sports gambling.  This article also addresses the history of sports betting in the United States, the reasons why there should be a federal regulation, and a proposed federal regulation based on what current states have done, are addressed throughout the note.  Part II of this article is an overview of the history of sports betting in the United States.  Part III explains why the United States should federally legalize sports betting. Part IV describes the current legal sports betting states and their legislation. Part V proposes federal legislation which would allow legal sports betting.

II.  The History of Sports Betting in the United States

       A. The Interstate Wire Act of 1961

The history of the legalization of sports betting in the United States leads to States having the autonomy to create sports wagering regulations and the potential future for a federal law.[23] The Interstate Wire Act of 1961 (“Wire Act”) was originally passed to prevent organized crime, specifically the facilitation of sports betting or wagering.[24] The Wire Act gave states the power to give organized crime members longer prison sentences than previously possible.[25]

The legislative intent behind the Wire Act was to stop sports betting.[26] The federal government’s fear was that sporting events could potentially be compromised by the bookmaking black market.[27] The influence of organized crime and the money made from facilitating illegal sports betting became so powerful that the federal government needed to prevent its further growth.[28]

Once it was passed, the Wire Act only applied to sports betting until 2001.[29] In 2001, the Bush Administration Department of Justice established that all types of online gambling were governed under the Wire Act.[30]  In 2011, the Obama Administration created a different position from the Bush Administration to say that the Wire Act only covers interstate sports betting.[31]  This means that the Wire Act is designed to prevent consumers from gambling across state lines, which stemmed from the passing of the Professional and Amateur Sports Protection Act (PASPA) of 1992.[32]

      B. Professional and Amateur Sports Protection Act of 1992 (PASPA)

In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA).[33]  PASPA banned all single-game wagering or bets in the United States, with the exception of Nevada.[34]  Additionally, PASPA grandfathered limited forms of gambling in Delaware, Montana, and Oregon.[35]  At this time, New Jersey could have legalized wagering through its similarly grandfathered status, but the state failed to exercise this opportunity.[36]  The grandfathered status stated that if New Jersey did not pass a statute allowing sports gambling within that one-year period, sports gambling within the state would be completely prohibited.[37]

In 2011, New Jersey voters passed a referendum allowing sports betting at the state’s racetracks and Atlantic City casinos in order to combat the substantial decline in casino and racetrack revenue.[38]  This led the National Collegiate Athletic Association (NCAA), National Football League (NFL), National Basketball Association (NBA), National Hockey League (NHL), and Major League Baseball (MLB) to bar the continuation of New Jersey Sports Betting.[39] Following the referendum, the New Jersey Legislature enacted the “Sports Wagering Law.”[40]  In 2012, the state argued and failed to reverse the barring of the state’s sports betting practices in front of the district court.[41]  The U.S. District Court for New Jersey stated that there was “an undisputed direct link between legalized gambling and harm to the Leagues.”[42]  The Supreme Court declined to take up the case during that same year.[43]

In 2014, New Jersey made another attempt at legalizing sports gambling before the District Court.[44]  New Jersey enacted a law that repealed all sports wagering regulations, penalties, and prohibitions as applied to casinos and racetracks.[45]  The state argued that “PASPA’s operation over the Sports Wagering Law violate[d] the anti-commandeering principle” because it prevented states from repealing an existing law.[46] New Jersey argued that PASPA was considered constitutional because it prohibits the “issuance of gambling licenses or the affirmative authorization by law of gambling schemes.”[47]  The court held that PASPA does not commandeer the states and that PASPA was constitutional.[48]

The Supreme Court granted certiorari in June 2017.[49]  Prior to New Jersey winning the Supreme Court case,[50] West Virginia sports betting became legalized in 2018 which proved that the nation wanted sports betting legalization.[51]  In May 2018, the U.S. Supreme Court ruled in favor of the state of New Jersey and struck down PASPA.[52]  The Court held that PASPA violated State sovereignty under the Tenth Amendment because “Congress may not commandeer the legislative process of the states by directly compelling them to enact and enforce a federal regulatory program.”[53]  This allowed any other state, outside of Nevada, to legalize wagering.[54]  This Supreme Court decision paved the way for more states, such as Rhode Island, Mississippi, West Virginia, and New Mexico, to allow sports betting in different variations.[55]

In August 2018, DraftKings became the first legal online sports bet which took place in New Jersey.[56]  This led to the launches of more legal online sports betting platforms throughout the country, with each state implementing their own laws and regulations governing sports betting.

C. Conflict between the Repeal of PASPA and the Wire Act

The repeal of PASPA gave individual states the right to decide whether sports betting should be legalized.[57]  This repeal conflicts with the Wire Act of 1961, which is still valid federal law.[58]  The Wire Act specifically deals with the transmittal of information across state lines.[59]  This suggests that it is still a federal crime to transmit information that contributes to and enables sports betting across state borders, even if the state receiving that information has legalized sports betting.[60]  For example, if you place a bet within a state that has legalized sports betting, it is not in violation of the Wire Act.[61] However, in theory, if a person were to cross state lines to another state that does not have legal sports betting, that person is then in violation of the Wire Act.[62]

D. The Effect of the Conflict between the Repeal of PASPA and the Wire Act and Foreseeable Issues with Mobile and Online Sports Betting

The motivation behind the Wire Act and the reason why PASPA was valid law for about two decades is that the government and sports leagues, whether professional or amateur, wanted to prevent any sort of game fixing.[63]  The law is designed to protect against past sports betting scandals, such as The Black Sox scandal of the 1919 World Series[64], the 2007 NBA transgression involving NBA referee Tim Donaghy[65], or the 1989 Pete Rose Betting Scandal.[66] Many of the legalized sports betting states created their own laws to prevent game fixing within their own state borders.  For example, in New Jersey a consumer cannot place a bet on any sports games involving New Jersey collegiate teams.[67]  However, this does not prevent a consumer from going to another state, such as Pennsylvania, to place a mobile bet on that New Jersey game.  The idea that someone can do this potentially leaves open the possibility of game fixing open.  Therefore, the New Jersey law is not effectively preventing someone from game fixing or undermining the integrity of the game within their home state.[68]

Additionally, the inconsistency of state laws potentially opens up the opportunity for a consumer to violate the Wire Act.[69]  Due to the easy accessibility of sports betting through the use of mobile applications, the question now becomes if these applications are designed to protect the consumer from violating federal and state laws.  At this time, there has not been any litigation in this area to address this issue.[70]  Distinguished Fellow in Gaming Law at the University of Nevada – Las Vegas, Anthony Cabot, claims that the DOJ’s interpretation of the Wire Act with regard to mobile wagering, “prevents all state-authorized and regulated online gambling by interpreting that transmitting sports wagers in interstate commerce also bans bets where both the bettor and the sports book operator are in the same state.”[71]  Further, Cabot stated, “[T]o avoid prosecution, the sportsbook operator would have to prove that not only were the sender and receiver in the same state but that the transmission could not have been incidentally routed across state lines. This could be very problematic.”[72]  This conflict can be resolved by a uniform federal law that does not create state boundary restrictions.  This would protect both the wager and the sportsbook from any sort of Wire Act violations.

III. The United States Should Federally Legalize Sports Betting

The purpose of this article is to propose a federal law for the legalization of sports betting. It is important to learn the reasons why a federal legislation is necessary.

A.  PASPA Was Obsolete in the U.S. Prior to its Reversal

It was considered a norm that sports betting was opposed by many sports leagues and their team owners, whether it was from the amateur or professional level.[73]  But in recent years, team owners, leagues commissioners, the American Gaming Association, the casino gambling industry, the U.S conference of Mayors, and the National Council of State legislatures have increased their interest in legalizing sports betting.[74]  The Trump administration appeared to be open to the idea of sports betting due to the mere fact that people have been and continue doing it through illegal means.[75]  In 2017, President Trump advised that he wanted general input from all different industries and law officials involved before deciding to push a legalization plan through Congress.[76]

The Sports Wagering Act in Illinois is an example of general growing support for legal sports betting.[77]  Any sporting facility in the state with the capacity of at least 17,000 people such as Wrigley Field, Guaranteed Rate Field, United Center and Soldier Field, is permitted to have its own sportsbooks during sporting events.[78]  Further, the Sports Wagering Act permits a five-block radius for sportsbooks to be built in and around the arena.[79]  Shortly after the Illinois legislation passed, the Chicago Cubs announced plans for a Sportsbook at Wrigley Field in partnership with DraftKings.[80] Additionally, many states permit mobile sports betting which can happen anywhere within its borders, including in and during a sporting event.[81]

Game fixing was one of a few driving forces behind the passing of PASPA.[82]  However, according to recent studies, particularly one around the 2016 Super Bowl, the overall consensus was that people wanted Congress to strike down PASPA because they believed that “regulat[ing] sports wagering would protect a game’s integrity, benefit communities and enhance consumer safety, and increase fan engagement.”[83]  Additionally, more professional sports teams and stadiums have been formed in the Las Vegas area, where sports betting has been fully legal due to their grandfathered status.[84]  The motive is that this would lead more consumers to legally place bets on Las Vegas sports teams including the Las Vegas Raiders in the NFL[85] and the Las Vegas Golden Knights in the NHL.[86]

The regulation of sports betting should potentially decrease the risk of corruption in games. The illegality of sports wagering makes it impossible to accurately determine the type and amount of potentially suspicious wagering that may alter game lines.[87]  Further, illegal sports gambling creates revenue which criminally funds “enterprises involve[ing] [] human trafficking, racketeering, money laundering, extortion and fraud.”[88]  These practices lead to criminal methods of money collections such as assault, murder, kidnapping, and property destruction.[89] As previously noted, PASPA was passed as a method to undermine organized crime and their illegal operations.[90]

PASPA was meant to stop the corrupt activity of game “fixing,” but several states which have permission to legalize sports betting only contradicted the ban’s purposes.[91] Now that PASPA has been lifted, states need sufficient guidance at the federal level to properly regulate sports betting in order to protect the consumer and the integrity of all sports events, amateur or professional.

B.  Fantasy Sports Leagues Undermined PASPA

Fantasy sports leagues[92] are considered legal under federal law even when money prizes are granted to the winners.[93] The Unlawful Internet Gambling Enforcement Act of 2006 provides an exception for fantasy sports which states that they are legal when the prize is not dependent on the number of players and it is in advance of the game.[94] “[A]ll winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance” of each professional athlete in their respective sport; and any fantasy winning outcome is not based on a score, point-spread, or performance of any single team, or any particular athlete.[95]  Overall, what makes fantasy sports different from sports betting is that fantasy sports require skill and it is considered a game of strategy; thus, fantasy sports are legal.[96]  Sports betting, on the other hand, is considered a game of chance and luck.[97]  With that said, the differences between the two are more nuanced than the government has determined them to be.  The element of chance or luck is always a factor in fantasy sports.[98]  Even though fantasy sports players have to evaluate certain factors like time of day, injuries, “bye weeks”[99] or “off days,” and team and player matchups, there is an element of luck that may create a different outcome than predicted. The outcome is uncertain, regardless of the amount of skill and preparation a fantasy player has.

Sports bettors use a very similar type of skill set in evaluating their predicted outcomes.  The DOJ has stated that sports betting involves skill and “sports bettors can employ superior knowledge of the games, teams, and players in order to exploit odds that do not reflect the true likelihoods of the possible outcomes.”[100]  Both fantasy sports and sports betting entail a certain mix of skill and chance that should allow them to be governed similarly.[101]

C.  Money Used in Betting is Potential Revenue for State and Federal Governments

There is no question that the legalization of sports betting would bring in much needed tax revenue for state and federal governments.[102]  As of August 2020, the U.S. has a debt of approximately 26.73 trillion dollars.[103]  Further, states and cities have their own debts.[104] Along with other economic issues that are on the forefront of being addressed by politicians – such as Coronavirus economic stimulus, healthcare costs, college tuition cost and student loan debt, mortgage debt – the deficit is likely to increase.[105]  The legalization of sports gambling could help these indebted governments.  From June 2018, until August 31, 2020, the amount of sports betting money wagered was approximately $23,541,695,352.[106] The total amount of tax revenue earned for state and local jurisdictions was approximately $224,727,520.[107] These numbers reflect of the continuing state sports gambling legalizations that have been sweeping the country.[108]  The total tax revenue made from sports betting is comprised from eighteen states with their own statutes, some of which have extreme limitations.[109] There were also certain times after June 2018 where fewer states had legalized sports betting.[110]  Additionally, in 2020, there were no live sports for a few months due to the Coronavirus pandemic.[111]  Even with the pandemic, the growing interest in sports gambling in the United States has not slowed down.[112] Once live sports came back at the end of July 2020, some states set records in sports gambling activity and revenue.[113]

A look at the European sports betting market shows a gross profit of the European online sector increased from 19.6 billion euros in 2017 to 24.7 billion euros in 2020 as of July 1, 2020.[114]  Further, Europe’s “online gambling market is now growing at 10% per year, the economic size (or gross gaming revenue) of the EU sector is expected to rise from 22.2 billion euros in 2018 to 29.3 billion euros in 2022.”[115]  The most popular form of gambling in Europe is sports betting, which takes up approximately 42.5% of online gambling in the continent.[116]  In comparing European markets as a whole, which has one major sport, soccer, to bet on,[117] the United States has four major sports to bet on.[118]  This potentially means that Federal legislation with fewer restrictions than some States could free unlimited tax revenue.  Furthermore, state restrictions will only limit the amount of potential tax and income revenue earned, rather than minimize the issues they are trying to prevent.

IV.  Current Legal Sports Betting States and their Legislation

As of September 2020, eighteen States have some form of legalized sports betting; Arkansas, Colorado Delaware, Illinois, Indiana, Iowa, Mississippi, Michigan, Montana, Nevada, New Jersey, New York, New Hampshire, New Mexico, Oregon, Pennsylvania, Rhode Island, and West Virginia.[119]  In order to understand the logic behind a potential federal legislation and the need for it, some individual State statutes are described below.  Although the issues discussed in terms of sports betting have not materialized in legalized sports betting states, including the ones discussed below, the concerns in state border regulations in sports betting remain to be seen as the PASPA lift is still relatively new.[120]

A. Nevada

Prior to the passing of PASPA in 1992, Nevada had legal sports betting.[121] The State was considered grandfathered in once PASPA was passed.[122]  Therefore, Nevada’s sports betting laws are the most evolved, including the laws behind the practice of betting using a mobile app.[123]  Physical sportsbooks are allowed at casinos, stadiums, and racetracks.[124]  Sports that are available to bet on in Nevada include the NFL, College football, Canadian football, Australian Rules football, Rugby, NBA, College basketball, Baseball, Hockey, Soccer, Fighting sports, Auto racing, Cycling, Tennis, Golf, Esports, and Horse racing.[125]  After much trial and error, along with extensive political debate, betting on any college team is permitted within state borders.[126]  The law does not exclude placing a bet on a Nevada collegiate team, e.g., University of Nevada (Reno).[127]  In fact, the Nevada Gaming Control Board has continued to implement new ways to wager on college sports, such as betting on awards like the NCAA College Football’s Heisman Trophy.[128]

In 2001, the law included language that excluded wagers on “any amateur non-collegiate or athletic event.”[129]  This means bets cannot be made on high school sports, amateur leagues, tournaments like the “Little League World Series.”[130]  Amateur sports are not defined by age but rather the league that the athlete or team is participating in.[131]  All professional sports teams and leagues are legal to be wagered on, including the Olympics.[132]  The statute requires that a bettor must be at least 21 years old to place a bet within state borders.[133]

B. New Jersey

New Jersey’s sports betting law includes the legalization of online and mobile betting anywhere within the states’ borders.[134] In order to place a bet in New Jersey, a bettor must be at least 21 years old.[135] Physical sportsbooks are placed at racetracks and casinos.[136] Stadium sportsbooks are currently not allowed.[137]  Sports betting is allowed on all professional sports and most collegiate sports.[138]  In terms of amateur sports betting, which includes college sports, New Jersey allows betting on collegiate teams except for in-state New Jersey college teams such as Rutgers University, Seton Hall University, and Monmouth University, among others.[139]  Wagering college games that occur within the borders of New Jersey are not permitted, as well.[140]  Hypothetically, if New York’s St. John’s University were to play an NCAA men’s basketball game against Providence College at Rutgers University, betting on that game within New Jersey state borders would be considered illegal.[141]  The law on college sports is not limited to NCAA Division I sports, it pertains to all levels of college sports.[142]  Further, bets cannot be made on high school sports, amateur leagues, and tournaments like the “Little League World Series” as a way to decrease the opportunities to fix games. [143]

C.  Illinois

The sports betting statute in Illinois is very similar to Nevada’s.[144]  There are some restrictions on betting.[145]  One restriction is that bets can only be taken on sports, not on any other competitions such as the Oscar Awards, political elections, etc.[146]  Sports leagues personnel like officials, coaches, general managers, etc., cannot bet on their own sports.[147] Furthermore, wagers are not allowed on in-state collegiate sports.[148]  One unique aspect of the Illinois state legislation is that it became the first state to include language that would allow sports venues to take bets, while the game is in progress at that specific venue.[149] In fact, the Chicago Cubs announced plans for a sportsbook at Wrigley Field in a partnership deal with the DraftKings sportsbook.[150] The statute also extends to any sports facility that has a capacity of at least 17,000 people and is within a five-block radius of the facility, as previously noted.[151]

D.  New Hampshire  

New Hampshire’s sports betting statute permits a consumer to bet using only online and mobile apps anywhere within the state’s borders.[152]  New Hampshire residents must be at least 18 years old to place a bet.[153]  Although New Hampshire does not have any professional teams in the major sports leagues within the State’s borders, their proximity to the neighboring Massachusetts gives the residents a favorable allegiance to bet on.[154]  Regardless, New Hampshire residents are barred from wagering on In-State collegiate teams and events.[155]  For example, wagering on Dartmouth College or the University of New Hampshire is not allowed, even if the venue is out of the state.[156]  Additionally, any collegiate tournament within the state’s borders is not allowed.[157]

E.  New York

In 2013, New York legalized sports betting at casinos.[158]  This is limited to commercial and tribal casinos, rather than gaming facilities such as horse racing tracks and stadiums.[159]  Mobile and online gambling is not in the New York sports betting legislation.[160]  However, New Yorkers can cross State borders into New Jersey to place a bet with their mobile phones.[161]  New York’s minimum gambling age is 21 years old.[162]

V.  Proposed Federal Legislation

A federal sports betting legislation is the ideal solution to address the inconsistencies of state regulations across the United States, along with general gambling concerns that led to passing PASPA in 1992.[163]  To this day and to public knowledge, there have not been abuses of the state laws.  However, the abuses are foreseeable, and these statutes are still relatively new.  As shown previously, there are inconsistencies amongst states in terms of mobile betting, minimum betting age, etc.  Although this article cannot tackle every aspect of a proposed federal legislation, there are several key proposals that can be addressed.  These concerns include but are not limited to the minimum age to place a bet, what can be bet on, what are considered “amateur” sports and how they should be treated in this subject area, mobile and online betting, where sportsbooks are allowed to be created, and if placing a bet on a team within the State in which the team plays the majority of their games should be permitted.  Ultimately, as former President Trump has indicated, it is important to consider the general input from all different industries and law officials that would be involved or affected by a federal sports betting legislation before deciding to push a legalization plan through Congress.[164]  Below are some proposals to approach key sports betting concerns which mainly uses Nevada’s legislation.

A. Minimum Betting Age

In the vast majority of jurisdictions that have legalized sports gambling in some form, the minimum betting age is twenty-one years old.[165]  Further, this is also the case for casino games and other forms of betting.[166]  Most jurisdictions have set this minimum age requirement because the Federal legal minimum age to be served an alcoholic beverage is 21 years old.  This allows casinos, stadiums, racetracks, etc., to efficiently and successfully manage their premises with consistent rules.  Therefore, the federal sports betting legislation should set the minimum gambling age to 21 years old because most States have done so in their statutes.  This should be law for all forms of sports gambling, including mobile and online.

B. What is Considered an “Amateur” Sport?

In Nevada, the law excludes wagers on “any amateur non-collegiate or athletic event.”[167] This means that bets cannot be made on high school sports, amateur leagues, tournaments like the “Little League World Series.”[168]  Amateur sports are not defined by age but rather the league that the athlete or team is participating in.[169]  This is because there are professional athletes who are below the age of majority throughout several sports.[170]  Collegiate sports should not be considered “amateur,” despite the fact that college athletes are not paid.[171]  This definition of “amateur” makes the most sense because these types of leagues are much more susceptible to “game fixing” than a professional or college sport.[172]  Most sports gambling-friendly States have evolved to this meaning of “amateur.”[173]

C. Should There Be Location Restrictions When Placing Bets on In-State Teams and Events?

In some states, like New Jersey, participants are barred from placing a bet on an in-state collegiate or amateur team within the State’s borders.[174]  This means that you can leave New Jersey and go to a bordering sports gambling-friendly state to place a bet.  Not many jurisdictions have this type of location restriction for in-state professional sports.[175]  Other states, like Nevada, have recently allowed participants to place bets on an in-state collegiate teams.[176] The idea behind a law like New Jersey’s is to prevent any sort of “game-fixing.”[177]  This law does not prevent it, if anything it enables it.  As stated before, a participant can leave the state to place a bet on a New Jersey college team.[178]  Although there have been no issues of game fixing under the New Jersey law, if someone really wanted to fix games or perform any sort of illegality, the law is not preventing it.   Instead, participants should be allowed to bet on their in-state teams within the state’s borders.  This is where there would be the most fan engagement and revenue generated.  An in-state resident is more likely to want to place a bet on an in-state team based on the fact that they are more likely to support teams within the state they live in.[179]  Many states allow this practice to occur and there have been no reported issues.[180] The best way to prevent any sort of “game fixing” on in-state college sports is to monitor by law enforcement in-state bets.  Any federal legislation should model itself after the Illinois law which does not permit sports leagues personnel, like officials, coaches, general managers, etc., to bet on their own sports.[181]  This should be closely monitored to ensure that the integrity of the game is still intact.

D. Mobile and Online Sports Betting

Mobile and online sports betting should be allowed throughout the United States.  Unlike New York, which excludes placing bets using a mobile device,[182] there should be no limitations on what type of mobile and online bets can be placed.  As the common theme has been throughout this Note, each state’s legislation has made such limitations in an effort to combat any sort of game fixing or other potential issues. As explained earlier, the reasons to create fewer restrictions should apply to mobile and online betting.

Additionally, a few states limit mobile and online sports betting to casinos and legally operated sportsbooks.[183] This defeats the purpose of any sort of mobile and online sports betting.[184] The idea behind this phenomenon is to be able to place a bet anywhere, at any time.[185] Therefore, the proposed federal legislation should allow all forms of mobile and online sports betting that would occur at an in-person sportsbook.

E. Limitation on Locations of Sportsbooks

As proposed and enacted by Illinois, the statute allows sports venues to take bets during games that are in progress.[186] The bill also extends to any sports facility that has a capacity of at least 17,000 people and is within a five-block radius of the facility.[187]  Further, sportsbooks are allowed to be operated at casinos and racetracks.[188]  This aspect of the Illinois legislation has given rise to other states following suit, like Nevada.[189] This sort of law should be included in the federal legislation because it is a way to increase fan engagement and revenue without any real risk of the government’s concerns coming to life.

F. Limitations on Other Types of Wagers

As discussed earlier, Nevada has few limitations on what gamblers can bet on.[190]  This ranges from all different types of sports, whether it be professional or collegiate levels.[191]  Nevada allows betting on some international sports leagues, such as Canadian football (CFL), Australian Rules football (ARF), and soccer leagues.  Additionally, wagers on Esports, golf, tennis, cycling, fight sports, auto racing and horse racing are permitted.[192] However, Nevada does not permit many wagers on certain events outside of sports.[193]

Unlike Nevada, New Jersey has legalized wagers on predicting the Oscar Awards winners, along with other award shows.[194]  This type of wager is much more controversial because it has been illegal throughout the U.S. for decades.[195]  There were never any states that legalized or were grandfathered into legalized wagering on Award shows, until New Jersey permitted these type of wagers.[196]  Although it is unclear as to whether a bet of this nature should be allowed or not, seeing what would result at the state level would create a clearer view of whether this should be allowed federally.

VI.  Conclusion

At a minimum, the proposed federal legislation should include the guidelines in which Nevada has in place.[197]  Nevada has been the state with the most developed and experienced legislation in terms of sports gambling.[198]  PASPA was put into place to prevent “game fixing” and gambling addictions.[199]  To date, there have been little to no issues with the legislation in terms of “game fixing.”  In terms of gambling addictions, this issue can be much more closely monitored with government regulation in place as opposed to gamblers placing bets through illegal means.

Further, Illinois’ legislation allowing sportsbooks to be operated in and around sports stadiums should be permitted in the Federal legislation.  The risk of sports betting in which PASPA was set out to prevent are minimal if the government is regulating and overseeing the gambling activities.  Creating sportsbook within a sports arena will only increase tax revenue and increase fan engagement.

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[1] Steve Petrella, Point Spread in Sports Betting: Definition, Examples, How to Make a Super Bowl Spread Bet, Action Network (Feb. 1, 2021, 12:35 PM EST) http://www.actionnetwork.com/education/point-spread (“A points spread is a bet on the margin of victory in a game. The stronger team or player will be favored by a certain number of points, depending on the perceived gap in ability between the two teams.”).

[2] Total Number of Points: What is Over/Under Betting, Odds Shark, http://www.oddsshark.com/sports-betting/over-under-betting/ (last visited Sep. 13, 2020) (“Over/Under betting is also called a totals bet. The total in any given sporting event is a combined score of both teams. The total for these games is an amount that is set by oddsmaker based on how they envision a game will unfold from a scoring perspective. As a bettor, you would need to select if the total number of points scored by both teams will be over or under the set total.”).

[3] Petrella, supra note 1.

[4] The Coin Toss and Kickoff in American Football, Dummies, http://www.dummies.com/sports/football/the-coin-toss-and-kickoff-in-american-football/ (last visited Sep. 13, 2020). All football games start with a coin toss to decide which team will choose to play offense or defense first.

[5] James Crabtree-Hannigan, Sporting News, Who Is Singing the National Anthem at Super Bowl 2020?, Sporting News, http://www.sportingnews.com/us/nfl/news/super-bowl-national-anthem-singer-2020/2afp7bmq1yj41jmjd8ewq3jtc/ (last visited Sep. 13, 2020).

[6] What you should know about COVID-19 to protect yourself and others, CDC, http://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncov-factsheet.pdf. (last visited Sep. 13, 2020).

[7]  Rex Hoffman, Becoming a Sports Betting Pro Is a Long, Slow Process, The Sports Geek, (Aug. 4, 2020, 12:58 PM PDT), http://www.thesportsgeek.com/blog/becoming-sports-betting-pro-process/.

[8] Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461 (2018).

[9]  U.S. Const. amend. X.

[10] Mike Maharrey, Supreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth Amendment, Tenth Amendment Ctr, tenthamendmentcenter.com/2018/05/14/supreme-courts-sports-gambling-opinion-is-a-rare-and-major-win-for-the-tenth-amendment/ (last visited Sep. 13, 2020).

[11]  Jeff Bell, Not Just A Game: Online Sports Betting And The Rise of Corrosive Technology, Forbes, (Feb. 25, 2021, 10:00 AM), http://www.forbes.com/sites/forbestechcouncil/2021/02/25/not-just-a-game-online-sports-betting-and-the-rise-of-corrosive-technology/?sh=49101b470ec4.

[12] Id.  

[13] Id.  

[14] How FanDuel and DraftKings Work, Investopedia, http://www.investopedia.com/articles/investing/122415/how-fanduel-and-draftkings-work.asp (last visited Sep. 13, 2020). FanDuel and DraftKings are two of the largest sportsbook and fantasy sports sites in the United States.

[15] Bell, supra note 11.

[16] Id.  

[17] Sports Gambling Facts and Statistics, NCP Gambling, http://www.ncpgambling.org/wp-content/uploads/2015/01/Sports-Gambling-Facts-and-Statistics.pdf  (last visited Sep. 13, 2020). 

[18] Id.

[19] Match Fixing and Other Manipulations in Sports Betting: A Primer, Legal Sports Report,www.legalsportsreport.com/20922/match-fixing-primer-sports-betting/ (last visited Apr. 4, 2021).

[20] Id.

[21] Id.  

[22] Jericho, How Much is the European Sports Betting Industry Worth?, Sandlot Games (Sep. 4, 2020), http://www.sandlotgames.com/blog/how-much-is-the-european-sports-betting-industry-worth.

[23] 18 U.S.C. § 1084(a); (“Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.”).

[24] Giovanni Shorter, What is the Federal Wire Act?, Legal Sports Betting, http://www.legalsportsbetting.com/what-is-the-wire act/#:~:text=The%20Wire%20Act%2C%20as%20originally,applies%20to%20Interstate%20sports%20betting. (last visited Sep. 13, 2020).

[25] Id.

[26] Id.

[27] Matt Perrault, The Impact of Legalized Sports Betting on the Black Market, Betting Pros, http://www.bettingpros.com/articles/the-impact-of-legalized-sports-betting-on-the-black-market/ (last visited Apr. 9, 2021) The bookmaking black market is illegally facilitated sports gambling activity.

[28] Shorter, supra note 24.

[29] Id.

[30] Wire Act of 1961, Online Gambling Sites, http://www.onlinegamblingsites.com/law/wire-act/ (last visited Sep. 13, 2020).

[31]  Restoration of America’s Wire Act, H.R. 707, 114th Cong. (2015). (“Amends provisions of the federal criminal code, commonly known as the Wire Act, to provide that the prohibition against transmission of wagering information shall apply to any bet or wager, or information assisting in the placing of any bet or wager (thus making such prohibition applicable to all types of gambling activities, including internet gambling). States that nothing in this Act shall be construed to: (1) preempt any state law prohibiting gambling; or (2) alter, limit, or extend the relationship between the Interstate Horseracing Act of 1978 and other federal laws currently in effect, the ability of a state licensed lottery retailer to make in-person, computer-generated retail lottery sales, or the relationship between federal laws and state charitable gaming laws.”)

[32]  28 U.S.C.A. § 3702 (1992).

[33]  Id.

[34]  28 U.S.C.A. § 3704(a) (1992). Single-game wagering is placing a bet on an outcome of one specific game.

[35]  Id.

[36]  Christopher L. Soriano, The Efforts to Legalize Sports Betting in New Jersey: A History, N.J., Lawyer Mag. (Apr. 2013) http://www.duanemorris.com/articles/static/soriano_njlawyer_0413.pdf.  (Atlantic City, New Jersey was the only location that could meet the exception provided in 28 U.S.C.A. § 3704(a)(3)). 

[37] 28 U.S.C.A. § 3704(a)(3) (1992).

[38] Brief for Appellants at 1, Nat’l Collegiate Athletic Ass’n v. Governor of New Jersey, 730 F.3d 208 (3d Cir. 2013), (No. 13-1715). Public Hearing on N.J. Sports Betting Set for Atlantic City, GAMBLING911 (Mar. 31, 2010), http://www.gambling911.com/gambling-news/public-hearing-nj-sports-betting-setatlantic-city-033110.html. 76 Public Hearing on N.J.

[39] N.J. Const. art. IV, §7, ¶2(D), (F).

[40] N.J. Const. art. IV, § 7, ¶ 2(D), (F). There are some exceptions which include that no wager can be placed on college games or athletic events that take place in New Jersey or on any game in which a New Jersey college team participates. Betting is limited to individuals who are 21 years or older.

[41]  See N.J. Stat. Ann. §§ 5.12A-1 to 5:12A-6 (2012), invalidated by Nat’l Collegiate Athletic Ass’n v. Governor of New Jersey, 730 F.3d 208 (3d Cir. 2013).

[42] See Nat’l Collegiate Athletic Ass’n v. Christie, 926 F. Supp. 2d 551, 553 (D.N.J.), aff’d sub nom. Nat’l Collegiate Athletic Ass’n v. Governor of New Jersey, 730 F.3d 208 (3d Cir. 2013).

[43] Id.

[44] Nat’l Collegiate Athletic Ass’n v. Governor of New Jersey, 730 F.3d 208, 217 (3d Cir. 2013).

[45] N.J. Stat. Ann. § 5:12A-7 (2014) (repealed N.J. Stat. Ann. §§ 5:12A–1 to 5:12A–6), invalidated by Nat’l Collegiate Athletic Ass’n v. Governor of New Jersey, 832 F.3d 389, 392 (3d Cir. 2016).

[46] Nat’l Collegiate Athletic Ass’n v. Governor of New Jersey, 730 F.3d 227, 232 (3d Cir. 2013).

[47] Id.

[48] Id.

[49] Id.

[50] Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461 (2018).

[51]  W.V.C. Chapter §29-22D-2.

[52]  Murphy, 138 S. Ct. 1461 (2018).

[53] Id.

[54] US Sports Betting Sites, Legal Sports Report, http://www.legalsportsreport.com/us-betting-sites/ (last visited Sep. 13, 2020).

[55]  Id.

[56] New Jersey Sports Betting, Legal Sports Report, http://www.legalsportsreport.com/nj/ (last visited Sep. 13, 2020).

[57] Murphy, 138 S. Ct. 1461 (2018).

[58] The Federal Wire Act And How It Affects Legal Sports Betting In The United States, SportsBetting.Legal, http://www.sportsbetting.legal/laws/federal-wire-act/ (last visited Sep. 13, 2020).

[59] Id.

[60] Id.

[61] Id.

[62] Id.

[63] Id.

[64] Erin Andrews, The Black Sox Baseball Scandal, History, http://www.history.com/news/the-black-sox-baseball-scandal-95-years-ago (last visited Sep. 13, 2020).  Prior to the 1919 World Series, Chicago Black Sox’s first baseman Chick Candil and a gambler named Joseph “Sport” Sullivan met to plan a way to throw the series against the Cincinnati Reds. Although it was common for gamblers to pay baseball players for game tips, an attempt to rig an entire World Series was unprecedented. Throwing the World Series led eight Black Sox players to be banned from the game.

[65]  Scott Eden, From the archives: How Former Ref Tim Donaghy Conspired to Fix NBA Games, ESPN (Jul. 9, 2020), http://www.espn.com/nba/story/_/id/25980368/how-former-ref-tim-donaghy-conspired-fix-nba-games. (Former NBA referee Tim Donaghy was illegally paid by a gambler to officiate games in a way that “covers the spread” in favor of the gambler.  On August 15, 2007, Donaghy pleaded guilty to two felony conspiracy charges, which led him to be sentenced to fifteen months in prison and three years of supervised release.)

[66] Banning of Pete Rose, Baseball Reference, http://www.baseball-reference.com/bullpen/Banning_of_Pete_Rose (last visited Sep. 14, 2020).  (When Pete Rose became a manager of the Cincinnati Reds, he was found gambling on all sports including Major League Baseball.  The league’s commissioner at the time, Peter Ueberroth announced that the league was investigating Rose’s gambling and if he placed bets on the games he managed.  Although Pete Rose proclaims his innocence, the league and him settled that he would be banned from the game of baseball for the rest of his lifetime.)

[67] New Jersey Sports Betting, supra note 39. 

[68] Id.

[69] Steve Ruddock, Gaming Law Expert: New Wire Act Opinion Would Lose in Court, Online Poker Rep. (Feb. 12, 2019, 7:35 PM), http://www.onlinepokerreport.com/35168/anthony-cabot-wire-act-interview.

[70]  Id.

[71]  Id.

[72]  Id.

[73] Will Hobson, Sports Gambling in U.S.: Too Prevalent to Remain Illegal?,  Wash. Post (Feb. 27, 2015), http://www.washingtonpost.com/sports/sports-gambling-in-us-too-prevalent-to-remain-illegal/2015/02/27/f1088e4c-b7d3-11e4-9423-f3d0a1ec335c_story.html.

[74] Max Willens, MLB Commissioner Changers Gambling Stance: Federal System A ‘Pretty Good Idea’, Int’l Bus. Times (Mar. 2, 2015), http://www.ibtimes.com/mlb-commissioner-changes-gambling-stance-federal-system-pretty-good-idea-1833046; Tony Batt, NHL Rolls the Dice on Las Vegas, Gambling Compliance (June 23, 2016), http://www.beckerpoliakoff.com/webfiles/pdf/Wallach/gamblingcompliancevegashockey2016-06-23.pdf.

[75] Highlights From Donald Trump’s Interview on the Herd With Colin Cowherd, Fox Sports (Nov. 2, 2015) http://www.foxsports.com/presspass/latestnews/2015/11/02/presidential-candidate-donald-trump-on-the-herd; Press Release, White House, Radio Interview of President Trump by Jim Gray, Westwood One Sports Radio (Feb. 5, 2017), http://www.whitehouse.gov/the-press-office/2017/02/05/radio-interview-president-trump-jim-gray-westwood-one-sports-radio.

[76]  Id.  

[77] The Illinois Sports Wagering Act, 230ILCS 45.

[78] Id.

[79] Id.

[80] Brett Taylor, Chicago Cubs Announce Plans for Sportsbook at Wrigley Field in Partnership with DraftKings, Bleacher Nation, (Sep. 3, 2020), http://www.bleachernation.com/sports-gambling/2020/09/03/chicago-cubs-announce-plans-for-sportsbook-at-wrigley-field-in-partnership-with-draftkings.

[81] Id.

[82] The Federal Wire Act And How It Affects Legal Sports Betting In The United States, supra note 58.

[83] Howard Stutz, Survey: Americans Want Ability to Legally Wager in the Super Bowl, The Mellman Group (Feb. 3, 2016), http://www.mellmangroup.com/survery-americans-want-ability-to-legally-wager-in-the-super-bowl/.

[84] Wagering on individual sports games is legal in Las Vegas, Nevada.

[85] Ken Belson &Victor Mather, Raiders Leaving Oakland Again, This Time for Las Vegas,N.Y. Times (Mar. 27, 2017), http://www.nytimes.com/2017/03/27/sports/football/nfl-oakland-raiders-las-vegas.html?_r=0.

[86]  Id.

[87] Glossary, Pregame, http://www.pregame.com/EN/main/sports-betting-basics/glossary/terms/line.html (Sep. 14, 2020). Game lines are also known as a point spread.

[88] Memorandum from Am. Gaming Ass’n to President-elect Donald J. Trump Transition Team (Dec. 2016) (on file with the American Gaming Association) http://www.americangaming.org/sites/default/files/FINAL_AGAMemo_TrumpTransitionTeam.pdf.

[89]Jay S. Albanese, Gambling & Organized Crime: An Analysis of Federal Convictions in 2014 (2015), http://www.stopillegalgambling.org/aga-assets/uploads/2016/03/Albanese_Illegal_Gambling_OC_Report_2014_cases_FINAL.pdf; see also Press Release, Dep’t of Justice, U.S. Attorney’s Office, Dist. Of Mass., Quincy Man Sentenced for Running Illegal Gambling Business in Boston’s Chinatown, Using Violence to Collect Debts (Mar. 4, 2016), http://www.justice.gov/usao-ma/pr/quincy-man-sentenced-running-illegal-gambling-business-boston-s-chinatown-using-violence; see also Press Release, Dep’t of Justice, U.S. Attorney’s Office, S. Dist. Of N.Y., Manhattan U.S. Attorney Charges 46 Leaders, Members, and Associates of Several Organized Crime Families of La Cosa Nostra with Wide-Ranging Racketeering Charges (Aug. 4, 2016), http://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-charges-46-leaders-members-and-associates-several-organized-crime.

[90] The Federal Wire Act And How It Affects Legal Sports Betting In The United States, supra note 58.

[91] Adam Silver, Legalize and Regulate Sports Betting, N.Y. Times (Nov. 13, 2014), http://www.nytimes.com/2014/11/14/opinion/nba-commissioner-adam-silver-legalize-sports-betting.html

[92] Why Fantasy Sports is Not Gambling: Understanding a Game of Skill, Fantasy Sports Trade Ass’n, http://www.fsta.org/research/why-fantasy-sports-is-not-gambling/ (last visited Sep. 14, 2020). Fantasy sports is considered a pay to enter league such as DraftKings or FanDuel.

[93] 31 U.S.C.A. § 5362(E)(IX) (2006).

[94] Id.

[95] Id.

[96] Why Fantasy Sports is Not Gambling: Understanding a Game of Skill, supra note 92.

[97] Nat’l Football League v. Governor of State of Del., 435 F. Supp. 1372, 1385 (D. Del. 1977).

[98] Why Fantasy Sports is Not Gambling: Understanding a Game of Skill, supra note 92.

[99]  “Bye weeks” is specific to American football, which means that each team is scheduled to have one week where they do not have to play a game. In the context of fantasy sports, fantasy players need to create their line ups based, in part, on whether the drafted player is playing or has a “bye week.” Use of ‘Bye’ in Sports, Merriam-Webster, http://www.merriam-webster.com/words-at-play/bye-week-sports-origin#:~:text=Use%20of%20’Bye’%20in%20Sports&text=In%20the%20National%20Football%20League,is%20termed%20a%20bye%20week.&text=It%20is%20said%20that%20those,bye%20for%20that%20skipped%20round. (last visited Apr. 9, 2021).

[100]  Brief for Appellant at 29-30, U.S. v. Discristina, 726 F.3d 92 (2d Cir. 2013) (No. 12-3720), 2012 WL 6800562, at *30. (arguing that the federal law includes game of skill when discussing gambling. Sports gambling is an example is similar to games like poker, which is considered a game of skill).

[101] Id.

[102] US Sports Betting Revenue and Handle, Legal Sports Report, http://www.legalsportsreport.com/sports-betting/revenue/ (last visited Sep. 14, 2020).

[103] Id.

[104] Id.

[105]  Drew Desilver, The U.S. budget deficit is rising amid COVID-19, but public concern about it falling, Pew Research Ctr. (Aug. 13, 2020), http://www.pewresearch.org/fact-tank/2020/08/13/the-u-s-budget-deficit-is-rising-amid-covid-19-but-public-concern-about-it-is-falling/.

[106] Albanese, supra note 89.

[107] Id.

[108] Id.

[109] Id.

[110] Id.

[111] Joseph Zucker, Timeline of Coronavirus’ Impact on Sports, Bleacher Report, http://www.bleacherreport.com/articles/2880569-timeline-of-coronavirus-impact-on-sports(Mar. 31, 2020, 9:31 AM).  March 11, 2020 was when the NBA postponed their 2019-2020 season until further notice. This led to many other sporting events and leagues to be cancelled, due to the unprecedented Coronavirus pandemic.  

[112] Matthew Waters. Legal Sports Report, New Jersey Sports Betting Sets U.S. Record in Busy August (Sep. 14, 2020), http://www.legalsportsreport.com/44194/new-jersey-sports-betting-sets-us-record/. Excluding the NFL, all main professional sports were back in action in the U.S. New Jersey reported a $668 million total. This record beat Nevada’s previously owned record of $614.1 million set November 2019. Mobile sports gambling accounted for 90.1% of August’s sports betting activity in New Jersey.

[113] Id.

[114] Jericho, supra note 22.

[115]  European Gaming & Betting Association, Gambling is Becoming More and More an Online Activity, European Gaming & Betting Ass’n, http://www.egba.eu/eu-market/#:~:text=The%20economic%20size%20(or%20gross,which%20had%20a%2076.8%25%20share. (last visited Sep. 14, 2020).  (“Sports betting is the most popular form of online gambling (42.5%), followed by casino games (32.4%), lotteries (12.6%), poker (5%), bingo (4.3%), and other games (3.2%).”). 

[116] Id.

[117] European Leagues’ Main Goal is to Enhance and Protect Competitive Balance in League Competitions, European Leagues, http://www.europeanleagues.com/#:~:text=The%20European%20Leagues%20gather%2036,in%2029%20countries%2C%20across%20Europe. (last visited Sep. 14, 2020).  Even though Europe has one major sport, there are numerous professional soccer leagues within Europe.  There are thirty-six professional soccer leagues across Europe. 

[118] The four major sports leagues in the United States are the National Football League (NFL), Major League Baseball (MLB), National Basketball Association (NBA), and National Hockey League (NHL). Further, the United States has other professional sports leagues and college sports, which all have great popularity.

[119] Legislative Tracker: Sports Betting, Legal Sports Report, http://www.legalsportsreport.com/sportsbetting-bill-tracker/ (last visited Sep. 14, 2020). (“Nearly two years after the U.S. Supreme Court struck down the federal ban on legal sports betting, nearly 75% of U.S. States have either legalized sports wagering or introduced legislation to do so.”)

[120] Adam Liptak & Kevin Draper, Supreme Court Ruling Favors Sports Betting, N.Y. Times (May 14, 2018), http://www.nytimes.com/2018/05/14/us/politics/supreme-court-sports-betting-new-jersey.html.

[121] Nev. Rev. Stat. § 463 (2015).

[122] Id.

[123] Id.

[124] Id.

[125] Id.

[126] Id.

[127] Id.

[128] Id.

[129] Id.

[130] Id.

[131] Id.

[132] Id.

[133] Id.

[134] N.J. Stat. Ann. § 5:10A-7 (2018).

[135] Id.

[136] Id.

[137] Id.

[138] Id.

[139] Id.

[140] Id.

[141] Id.

[142] Id. There are five different levels of college sports. The National Collegiate Association (NCAA) regulates Division I, II and III sports.  Additionally, colleges may offer club and/or intramural sports. See also The Different Levels of Collegiate Competition, Studentcaffe (Feb. 2019), http://www.studentcaffe.com/enrich/collegiate-sports/levels-of-competition#:~:text=There%20are%20five%20different%20levels,%2C%20intramural%22sports%2C%20or%20both.

[143] Nev. Rev. Stat. § 463 (2015).

[144] 230ILCS 45 (2020).

[145] Id.

[146] Id.

[147] Id.

[148] Id.

[149] Id.

[150] Brett, supra note 80.

[151] Id.

[152] N.H. Rev. Stat. § 215:5 (2019).

[153] Id.

[154] Id.

[155] Id.

[156] Id.

[157] Id.

[158] N.Y. Const. art. I, §9

[159] Id.

[160] Id.

[161] Id.

[162] Id.

[163] 28 U.S.C.A. § 3702 (1992).

[164] Highlights From Donald Trump’s Interview on the Herd With Colin Cowherd, supra note 75.

[165] Sports Betting Bill Tracker, Legal Sports Report, http://www.legalsportsreport.com/sportsbetting-bill-tracker/ (last visited Sep. 14, 2020).

[166] Id.

[167] N.H. Rev. Stat. § 215:5 (2019).

[168] Id.

[169] Id.

[170] Id.  

[171] Id.

[172] Id.

[173] Sports Betting Bill Tracker, Legal Sports Report, http://www.legalsportsreport.com/sportsbetting-bill-tracker/ (last visited Sep. 14, 2020).

[174] Id.

[175] Id.

[176] Id.

[177] Id.

[178] Id.

[179] Id.

[180] Id.

[181] 230ILCS 45 (2020).

[182] N.Y. Const. art. I, §9.

[183] Sports Betting Bill Tracker, Legal Sports Report, http://www.legalsportsreport.com/sportsbetting-bill-tracker/ (last visited Sep. 14, 2020).

[184] Id.

[185] Id.

[186] 230ILCS 45 (2020).

[187] Id.

[188] Id.

[189] Id.

[190] Nev. Rev. Stat. § 463 (2015).

[191] Id.

[192] Id.

[193] Id.

[194] N.J. Stat. Ann.. § 5:10A-7 (2018).

[195] Nev. Rev. Stat. § 463 (2015).

[196] Id.

[197] Id.

[198] Id.  

[199]  28 U.S.C.A. § 3702 (1992).