The Impact of Gambling: Sports Law

Gambling on sporting events at both the amateur and professional levels is common throughout the United States. Sports leagues ranging from the National Collegiate Athletic association (NCAA) to the National Football League (NFL), the National Basketball Association (NBA),and Major League Baseball (MLB) have all gone on record as being opposed to any efforts to extend gambling opportunities which would impact on their games (Feinstein 88). The leagues theorize that by legalizing gambling on sports, states might make a great deal of needed money to support a variety of important programs, but the leagues themselves will be damaged because this would introduce new opportunities or reasons for unethical and illegal behavior such as point shaving and game fixing.

Feinstein (88) notes that in 1992, Congress passed legislation banning states from allowing sports betting wile grandfathering in four states that already allowed it: Nevada, Oregon, Delaware, and Montana. Until recently, only Nevada acted to create legal sports betting books. Recently, Delaware decided that it would take advantage of its opportunity to make money on legal sports gambling, leading the NFL, the NBA, the NCAA, MLB, and the National Hockey League (NHL)) to seek an injunction that would prevent the launch of such a program. The argument advanced by the sports leagues is that Delaware's move will further create opportunities for illegal activity that will damage all of the sporting associations and

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nues to present interesting legal issues for sports managers. In 2008, for example, the case of C.B.P. distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P. (2006-2007), produced a ruling that an operator of a fantasy sports league was not infringing on the players' state law publicity rights and that the First Amendment to the U.S. Constitution preempted the players' state law publicity rights. In the case of Humphrey v. Viacom (2007), it was alleged that online fantasy sports leagues were engaged in an illegal gambling enterprise that was prohibited by state wagering and gambling laws. As described by Moorman (223), the court relied on the Unlawful Internet Gambling Enforcement Act of 2006 which prohibits Internet gambling. The federal law confirms that fantasy sports leagues do not constitute an illegal bet or wager as a matter of law. Interestingly, said Moorman (233), the courts view fantasy leagues on which Internet gambling is based as substantially different than real world games. This is because "courts throughout the country have long recognized that it would be patently assured to hold that the combination of an entry fee and a prize equals gambling" (Moorman 233). It would appear that

Category: Psychology - T