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...

With its tremendous popularity among Millennials and Generation Z, esports represents one of the fastest growing segments of the U.S. sports and entertainment market. It is the source of massive amounts of venture capital inflow, unprecedented marketing and media dollars, and altogether new...

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...

Balancing the protection of private business interests against governmental regulation is one of the most significant legal frictions of the modern era. Over the course of the past twenty-eight months, this conflict has manifested itself through a federal sports gambling lawsuit involving New...

On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...

America is in the midst of a “fantasy sports revolution” that is changing the way sports fans interact with one another. With more than 30 million Americans playing fantasy sports, today’s sports fans spend as much time predicting the performance of professional athletes as Wall Street...

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...

In recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy...