Hastings Communications and Entertainment Law Journal


Robert Shawhan


This paper addresses the current federal laws that prohibits sports gambling. It argues that the introduction of a well-regulated and transparent gambling industry may serve greater protections than what is provided by the law. Politicians are sensibly acknowledging the realities of sports gambling and its benefits. The current political climate, under a Trump Presidency, is ideal for legalizing this form of gambling. Part I of this note will reflect on the most recent history of sports gambling laws. It will draw on New Jersey’s legal struggles, the sports evolution of Las Vegas, and the relevant Daily Fantasy Sports controversy. Part II will address the current reality of sports gambling in the United States and the changing views amongst politicians, sports leagues, and the general public. Part III will focus on the risks of illegal gambling in the black market. Part IV will discuss the developing efforts of states, lobbyists, and politicians to update and repeal outdated federal legislation. Part V will discuss the potential legal framework of a sports gambling market.