On May 14, 2018, the U.S. Supreme Court issued its seminal ruling in Murphy v. NCAA, which held that the Professional and Amateur Sports Protection Act (PASPA) violated the Tenth Amendment of the United States Constitution. This ruling, in conjunction with other societal changes, has opened the...

On May 14, 2018, the U.S. Supreme Court issued its seminal ruling in Murphy v. National Collegiate Athletic Association, which held that the Professional and Amateur Sports Protection Act violated the Tenth Amendment of the U.S. Constitution and that U.S. states are now free to legalize...

Over the past two years, there has been a monumental shift in how U.S. professional sports leagues have perceived “daily fantasy sports.” Back in March 2013, the chief executive of Major League Baseball Advanced Media, Robert Bowman, told the New York Times that he perceived “daily fantasy...

On May 14, 2018, the U.S. Supreme Court held in Murphy v. National Collegiate Athletic Association that the Professional and Amateur Sports Protection Act (“PASPA”) violated the Tenth Amendment of the U.S. Constitution, and thus the U.S. government may not use PASPA to prevent states from...

This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. DFS is an ideal context to study this issue for three reasons. First, DraftKings and FanDuel were able to categorize themselves differently to different...

The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been...

This keynote address, delivered at Pace Law School on March 16, 2016, provides an overview of the legal status of “daily fantasy sports” and explains why the legality — or illegality — of the industry is not a sure bet. It begins by providing a brief background of the origins of fantasy...