November 08, 2018

Sports Betting in the U.S. in a Post-PASPA World

Sports Betting in the U.S. in a Post-PASPA World

July 31, 2018

On May 14, 2018, the United States Supreme Court made waves in the gaming and sports worlds when it held that the Professional and Amateur Sports Protection Act of 1992 (PASPA), a federally enacted law greatly limiting sports gambling in the United States, was unconstitutional. In its opinion, styled Murphy v. National Collegiate Athletic Ass'n, et al., No. 16-476, the High Court reversed the Third Circuit and held that PASPA violated the Tenth Amendment’s anti-commandeering rule. The holding effectively struck down PASPA, leaving the decision to legalize, regulate, and offer sports betting to the individual States. In the aftermath, legislators and regulators from around the country, commercial casino and pari-mutuel operators, Native American tribes, sportsbook vendors, the major sports leagues, startups, and a myriad of others interested in this burgeoning and dynamic industry, have mobilized. Some states have already passed legislation allowing sports gambling within their borders, a few are currently offering such types of wagers, and many other states have introduced legislation. This esteemed panel will discuss the consequences of a post-PASPA world, the opportunities and limitations, the changes to the legislative schemes on a state by state basis, the regulatory challenges that operators face, and what lies ahead for an industry in its infancy (from a legal standpoint) that is projected to support a multi-billion dollar market.


  • Tamara S. Malvin (moderator), Akerman LLP, Fort Lauderdale, FL
  • Mark N. G. Hichar, Hinckley Allen, Boston, MA
  • Nanette L. Horner, Empire Resorts, Inc., Monticello, NY
  • Jennifer Roberts, University of Nevada, Las Vegas - William S. Boyd School of Law, Las Vegas, NV
  • Brian Wyman, The Innovation Group, Las Vegas, NV

Presented by: Gaming Law Committee

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