Gaming law in a nutshell / by Walter T. Champion, Jr., and I. Nelson Rose.
KF9440 .C47 2012 (Map It)
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Title
Gaming law in a nutshell / by Walter T. Champion, Jr., and I. Nelson Rose.
Call Number
KF9440 .C47 2012
Spine Title
Gaming law
ISBN
0314278362
9780314278364
9780314278364
Description
liv, 442 pages ; 19 cm.
System Control No.
(OCoLC)794490593
Note
Includes index.
Series
Record Appears in
Added Author
Table of Contents
Preface
v
Acknowledgements
vii
Introduction
xiii
Table of Cases
xxxiii
Table of Statutes
xliii
ch. 1
The World of Gaming and Gambling
1
Sec. A
The History of Gaming and Gambling
1
Sec. B
The Elements of Gambling
8
1.
Prize
8
2.
Chance
8
3.
Consideration
9
4.
Common Law of Gambling
9
5.
English Common Law and Gambling Generally
10
6.
American Common Law and Gambling Generally
12
7.
The Interface Between Common Law and Legislation
14
8.
Nevada Common Law and Gambling
15
9.
"Bank Night" Decisions
16
10.
The Enforceability of Gambling Debts
16
Sec. C
By Definition Not Gambling
17
1.
Amusement Games---No Prize
17
2.
Tournaments of Skill---Not Chance
17
3.
Online Skills Games With Mass Media Applications---Fantasy Leagues
18
4.
Alternate Means of Entry---Donation Requested---No Consideration
18
Sec. D
The "Lottery" Problem
19
1.
Various Definitions
20
a.
Synonymous With Gambling
20
b.
100% Chance
20
c.
"Widespread Pestilence"
21
d.
Requires Paper Ticket
21
2.
Who Decides?
21
3.
Why It Makes a Difference
23
a.
State Constitutions Ban "Lotteries"
24
b.
Racetracks in the 1930s, Casinos Today
25
4.
Federally Recognized Tribes Can Operate "Lotteries"
25
Sec. E
Universally Recognized as Gambling
26
1.
Lotteries
26
2.
Slot Machines
26
3.
Banked Table Games
27
4.
Sports Betting
27
5.
Bingo
28
6.
Horse and Dog Racing
29
Sec. F
Generally Recognized as Gambling
30
1.
Poker
30
2.
Pyramid Schemes Held to be Illegal Lotteries
30
Sec. G
Generally Not Recognized as Gambling
31
1.
Future and Proposition Betting Generally
31
2.
Day Trading
31
3.
Multi-Level Marketing
32
4.
Prediction Markets
32
5.
Insurance
33
6.
Auctions
34
Sec. H
Internet
34
1.
What Type of Game Is It?
34
2.
Jurisdiction
35
3.
Online Games
36
4.
Virtual Worlds
36
5.
Massively Multiplayer Online Games (MMOGs)
36
Sec. I
Mode of Play
37
1.
Against the House
37
2.
Pooling
37
3.
Games With More Than One Characteristic
38
4.
Computer Simulations
38
5.
Interactive Person-to-Person
39
6.
Computer Skill Games
40
ch. 2
Gambling and the Law®
41
Sec. A
The Why and How Behind America's Most Regulated Industry (i.e., Gambling)
41
Sec. B
Short History of American Gambling
42
Sec. C
The Waves of Legalization
42
1.
Lotteries and Foundations
43
2.
Federal Intervention and Frontier Gambling
43
3.
Lottery Scandals and Federal Law
44
4.
Gambling is Reborn
45
Sec. D
Whales and the Law
46
Sec. E
Illegal Gambling
48
1.
Crime Organizations
50
2.
Wire Schemes
50
3.
Official Corruption
51
Sec. F
How Internet Gambling Developed
51
Sec. G
The State as Operator and the Internet Revolution
52
ch. 3
The U.S. Constitution, Federal Laws and Gaming
54
Sec. A
Fundamental Rights
55
1.
The Power to Regulate Interstate Commerce
55
2.
Due Process and Equal Protection
56
Sec. B
First Amendment Freedom of Speech
59
Sec. C
Federal Taxes and Mail Systems
59
Sec. D
Internet Gambling
60
1.
Problems With Enforcement
60
2.
The Wire Act, 18 U.S.C.A. [§]1084
62
3.
UIGEA
63
Sec. E
Gambling on Indian Land
64
Sec. F
The U.S. Supreme Court in the "Lottery Case" (1903)
66
Sec. G
The Johnson Act, 15 U.S.C.A. [§]1171-1178
66
Sec. H
Interstate Horseracing Act, 15 U.S.C.A. [§]3001-3007
67
Sec. I
Casino Ships, 18 U.S.C.A. [§]1081-1083
68
Sec. J
Anti-Lottery Laws, 18 U.S.C.A. [§]1301-1307
69
Sec. K
The Racketeering Statutes, 18 U.S.C.A. [§]1951-1955
71
Sec. L
Rico, 18 U.S.C.A. [§]1961-1968
72
Sec. M
Taxes on Wagering, 26 U.S.C.A. [§][§]4401-4424, 4901, 4902, 4904-4906, 6419, 7262
72
Sec. N
Professional and Amateur Sports Protection Act, 26 U.S.C.A. [§]3701 et seq.
73
ch. 4
State Constitutions, State Laws, and Gaming
76
Sec. A
The Range of State Constitutions and State Laws Generally
77
Sec. B
How State Constitutions Deal With Gaming
78
Sec. C
State Constitutions, State Laws and Gaming
81
Sec. D
State Constitutions, State Laws and Lotteries
82
Sec. E
State Constitutions, State Laws and Bingo
85
Sec. F
State Constitutions, State Laws and Internet Gambling
87
Sec. G
State Constitutions, State Laws and Casinos
88
Sec. H
State Laws and Tribal Casinos
90
ch. 5
Charities and Gaming
93
Sec. A
Charities and Gaming, Generally
93
Sec. B
Bingo and Charities
94
Sec. C
Bingo and the Law
96
Sec. D
Charitable Lotteries and the Law
97
Sec. E
Charitable Raffles and the Law
98
Sec. F
State Legislation and Charitable Gaming Enterprises
99
Sec. G
Gambling on the Reservation
103
ch. 6
Nevada
105
Sec. A
The History of Nevada Gambling
105
Sec. B
The Nevada State Gaming Regulators Generally
109
Sec. C
Nevada Gambling Regulations
111
Sec. D
The Nuts and Bolts of the Regulators' Day-to-Day Activities
112
Sec. E
The Black Book
116
Sec. F
Local Ordinances
117
Sec. G
The Future of Nevada Gambling
118
ch. 7
New Jersey Casino Regulators
120
Sec. A
The Rise and Fall of Atlantic City
121
Sec. B
Atlantic City Casinos as a Panacea
125
Sec. C
Regulations Affecting Atlantic City Casinos
127
Sec. D
The Future of Atlantic City Casinos
128
ch. 8
Tribal Gaming
133
Sec. A
Terminology---"Indians"
133
Sec. B
Tribal Sovereignty Generally
134
Sec. C
Indian Gaming Before 1988
136
1.
Reservation Economic Development
137
2.
California v. Cabazon Band of Mission Indians
138
Sec. D
The Indian Gaming Regulatory Act
139
1.
Indian Tribes and Indian Land
139
2.
Classes of Gaming
140
3.
The National Indian Gaming Commission
141
4.
Scope of Gaming
142
5.
Class III
143
6.
Tribal-State Compact
144
7.
Criminal Provisions
146
Sec. E
State Sovereign Immunity
149
1.
Seminole Tribe v. Florida
149
2.
Tribal-State Compact Negotiations After Seminole Tribe
151
Sec. F
Federal Government Regulations of Indian Gaming
152
1.
Federal Agencies
152
2.
Tribal Gaming Commission
154
3.
State Gaming Commissions
154
Sec. G
The Future of Indian Gaming
155
1.
The Future of Tribal Legalized Gambling Generally
155
2.
Tribal Economic Diversification
156
3.
Law Reform
156
4.
Tribal-State Compact Negotiations
157
ch. 9
Canadian Casinos
159
Sec. A
Canadian Gambling Generally
159
Sec. B
Canadian Provincial Law
164
Sec. C
Canada's Indigenous People and Gambling
165
Sec. D
Internet Gaming
167
Sec. E
Problem Gamblers
167
ch. 10
International Gambling
169
Sec. A
Global Gaming Generally
169
Sec. B
Transnational Regulations in Online Gambling
170
Sec. C
Casinos in Europe Generally
173
1.
England
175
Sec. D
Casinos in Asia Generally
179
1.
Macau and Hong Kong
182
2.
Singapore
189
Sec. E
Casinos in Africa Generally
191
Sec. F
Casinos in North America Generally
192
Sec. G
Casinos in South America Generally
193
1.
The Argentine Republic
195
2.
Federative Republic of Brazil
196
3.
Republic of Chile
196
4.
Republic of Colombia
197
5.
Republic of Costa Rica
198
6.
Republic of Ecuador
199
7.
United Mexican States
199
8.
Republic of Paraguay
200
9.
Republic of Peru
200
10.
Republic of Uruguay
201
11.
Republic of Venezuela
202
Sec. H
Gambling in Australia, New Zealand and Oceania
202
ch. 11
The W.T.O. and Cross-Border Gambling
206
Sec. A
Cross-Border Legal Gambling
207
Sec. B
The Role of the WTO
215
Sec. C
The WTO and Antigua
216
Sec. D
The WTO and the Interstate Horseracing Act
217
Sec. E
The WTO and UIGEA
219
Sec. F
The WTO and the Wire Act
220
Sec. G
Possible GATS Violations
221
Sec. H
The Future of the WTO and Gambling
223
ch. 12
Blackjack and the Law
225
Sec. A
Blackjack!!
225
Sec. B
Card-Counters
226
Sec. C
The Big Number Theory
227
Sec. D
Blackjack and Criminal Laws
228
Sec. E
The Constitution and Blackjack
229
Sec. F
Blackjack and Anti-Cheating Measures
231
1.
Casino Countermeasures and Preferential Shuffling
231
2.
Cheating and the Backroom
233
3.
Computers and Devices
233
4.
Identification
234
5.
The Federal Government Is Watching You and Your Money
236
Sec. G
Internet Gambling
236
Sec. H
Indian Gaming
237
Sec. I
Federal Gaming Commission
238
Sec. J
The Late Great Ken Uston and the Legal Future of Blackjack
238
ch. 13
Poker and the Law
241
Sec. A
"Poker Law" Generally
241
Sec. B
Video Poker
242
Sec. C
Poker Tournaments
244
Sec. D
Poker Clubs
247
Sec. E
Texas Hold'em
247
Sec. F
Poker: Skill or Chance: And the Legal Ramifications Thereof
248
Sec. G
Poker: Illegal Gambling or Permitted Activity
252
Sec. H
Mathematics of Poker
254
Sec. I
Case Study: Hold'em Poker in California
256
Sec. J
Is "Online Poker" the Future of Poker?
257
ch. 14
Intellectual Property and Gaming
260
Sec. A
Intellectual Property and Gaming Generally
260
Sec. B
Patents and Gaming Generally
260
Sec. C
Intellectual Property and Internet Gaming
262
Sec. D
Copyright and Gaming Generally
263
Sec. E
Trademarks and Gaming
263
Sec. F
Case Study: Gambling and the Law®
266
Sec. G
Trade Dress and Gambling
267
Sec. H
Trade Secrets and Gaming
267
Sec. I
Future Issues in Intellectual Property and Gaming
268
ch. 15
Video Poker, VLTS and Other Machines
269
Sec. A
Video Poker and the Law Generally
269
Sec. B
Video Lotteries
271
Sec. C
Credit Card Play
272
Sec. D
Paper Slots
272
Sec. E
Internet Poker
273
Sec. F
Muddying the Waters; Case Study: Dwarf Den Poker Machine
274
Sec. G
Are These Latest Incarnations of Video Poker Gambling Devices?
275
Sec. H
State Supreme Court Decisions That Attempt to Decide When Video Poker Is Poker
276
ch. 16
Internet Gaming
277
Sec. A
Types of Gaming
277
1.
Game Formats and Their Online Versions
278
2.
Lotteries
279
3.
Direct vs. Indirect Participation
280
4.
Parimutuel Betting on Horse and Dog Races
280
5.
Sports Betting
282
6.
Futures and Proposition Betting
284
7.
Casino-Style Games
285
8.
Banked vs. Non-Banked
285
9.
Other Table Games
286
10.
Slots
287
11.
Skill Games
287
12.
Fantasy Leagues
288
13.
Video Games
289
14.
Mode of Play
290
Sec. B
Techno-Legal Structures Behind Internet Gambling
291
1.
ARPANET and the Transition to Public Use
291
2.
The Phenomenon of Digital Convergence
292
3.
The Impact of Technology on Legal Gambling
293
Sec. C
Internet Gambling Law and Regulation in the Digital Age
294
1.
Theory and Practice in the United States
294
2.
UIGEA
297
3.
Regulation of Online Gambling Outside of the United States
299
4.
Internet Gaming in the Traditional Context of International Law
299
5.
Legal Framework of Cross-Border Betting
300
Sec. D
Money Transfers and Taxation Issues Affecting Internet Gambling
301
Sec. E
The Problem of Advertising Internet and Interactive Gaming
304
Sec. F
Legal Issues Confronting Online Gaming Operators and Players
305
1.
The Jurisdiction Question
305
2.
Criminal Liability for Players
306
3.
Civil Liability for Operators
307
4.
Suits by Operators Against Players for Gambling Debts
308
Sec. F
Legal Issues Confronting Online Gaming Operators and Players---Continued
5.
The Problem of the Compulsive Gambler
309
6.
Privacy and Information Security
310
Sec. G
The Future of Internet Gaming
311
1.
Innovation and Regulation
311
2.
Free Speech and the Right to Gamble
312
3.
The IMEGA Suit
312
4.
UIGEA and Politics
313
5.
ICANN
314
ch. 17
Sports Books and Parimutuel Wagering
315
Sec. A
Sports Books and the Law Generally
315
Sec. B
Sports Books and the NCAA
322
Sec. C
Sports Books and State Lotteries
325
Sec. D
Sports Books and Parimutuel Wagering on Tribal Land
329
Sec. E
Sports Books and Illegal Gambling
332
Sec. F
Parimutuel Wagering and the Law Generally
333
1.
Greyhound Racing
333
2.
Horse Racing
334
3.
Jai Alai
335
Sec. G
On-Track Betting
337
Sec. H
Off-Track Betting
338
Sec. I
Anti-Sports Betting Laws
339
ch. 18
Lotteries
340
Sec. A
The Concept of Lotteries
340
Sec. B
Video Lotteries
344
Sec. C
Internet Lotteries
349
Sec. D
Lotteries in Tribal Areas
351
Sec. E
State Lotteries
352
Sec. F
National Lotteries
353
Sec. G
International Sweepstakes
353
Sec. H
Agreements to Share
355
Sec. I
Other Issues: Lost Tickets, Mistakes and Selling Future Payments
357
ch. 19
Legal Gambling's Right to Advertise
359
Sec. A
Right to Advertise Generally
359
Sec. B
Federal Anti-"Lottery" Laws
360
Sec. C
The Commercial Speech Doctrine
363
Sec. D
Federal Agencies
366
Sec. E
Criminal Statutes That Allegedly Limit the Broadcasting of Casino Advertisements
367
Sec. F
Alleged Deceptive Advertising in Franceschi v. Harrah's Enter., Inc. (2011)
368
Sec. G
The Future of Advertising
369
ch. 20
Criminal Laws and Gaming
370
Sec. A
Criminal Laws Generally
370
Sec. B
Law Enforcement Guidelines
371
Sec. C
Arrests in Casinos for "Cheating"
371
Sec. D
Gambling in Indian Country
372
Sec. E
Law Enforcement Discretion and Corruption
374
Sec. F
"Arrests" for "Internet Cheating"
374
Sec. G
Online Poker
375
Sec. H
Money Laundering (of "Winnings," Legal or Not)
377
Sec. I
RICO and Gaming
377
Sec. J
Other Anti-Racketeering-Type Statutes
380
Sec. K
The Future of Criminal Laws and Gaming
381
ch. 21
The IRS and Gambling
383
Sec. A
Gambling and Taxes
383
Sec. B
Gambling Profits and Taxable Income
384
Sec. C
The Bank Secrecy Act and Gaming
385
Sec. D
Wagering Tax Act
391
Sec. E
Tax Regulation of Legal Games
392
Sec. F
Stamp Taxes on Slots
392
Sec. G
Excise Tax on Wagers
393
Sec. H
Occupational Tax on Gaming Establishments
394
Sec. I
Taking Gambling Losses and Expenses Off Your Taxes
394
ch. 22
The Compulsive Gambler
396
Sec. A
The Sociopathy of the Compulsive Gambler
396
Sec. B
Pathological Gambling Disorder
397
1.
Substantive Criminal Law
397
2.
The Insanity Defense (M'Naghten Rule) and Responses to John Hinckley's Acquittal
398
3.
Sentencing
400
4.
Sentencing Guidelines
401
5.
Disorder as a Basis for Mitigation in Sentencing
402
Sec. C
"Pathological Gaming" as a Protected Disability
403
1.
Definition
404
2.
"Pathological Gambling" Included in DSM-III (1980)
404
3.
"Pathological Gambling" Included in 1987 Revisions of DSM-IIIR
404
4.
The Frye Test
406
Sec. D
The Compulsive Gambler After Caesar's Riverboat Casino, LLC v. Kephart (2010)
407
Sec. E
Tax and Bankruptcy Law and the Compulsive Gambler
409
Sec. F
Compulsive Gambling and Family Law
410
Sec. G
Gambling Debts and Claims by Third-Parties
411
Sec. H
The Future of Compulsive Gambling and the Law: Sin, Vice, or Disease?
412
Index
415