When Fantasy Becomes Reality: Attempts to Regulate the Highly Unregulated Daily Fantasy Sports Industry

Dublin Core

Title

When Fantasy Becomes Reality: Attempts to Regulate the Highly Unregulated Daily Fantasy Sports Industry

Description

This Comment’s goal is to address the changing legal landscape
associated with daily fantasy sports websites and how they coincide with gambling. This Comment focuses on the call for an enhanced regulatory framework concerning daily fantasy sports websites. This Comment also examines how individual states are reacting to daily fantasy sports websites, whether it is by virtue of legislation or by the issuance of advisory opinions.

First, Section II presents a brief history of gambling in the United States and discusses the emergence of daily fantasy sports, their lucrative nature, and their meteoric rise in popularity. Section III considers the current federal legal framework for daily fantasy sports websites and the overall lack of regulation that exists to monitor the industry. Specifically, this section examines the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) and how it provides the pathway for daily fantasy sports’ growing success. Section IV explores existing state laws and how individual states are dealing with the emerging trend of daily fantasy sports.

This section also briefly discusses a pair of once-proposed, but presently defunct, Texas bills and the Texas Attorney General’s advisory opinion declaring daily fantasy sports as illegal gambling. Finally, Section V views the potential legal and regulatory issues inherent in the daily fantasy sports industry and the potential legal concerns stemming from lack of a regulatory infrastructure. This section also examines several proposed regulatory measures for the daily fantasy sports industry and the potential impact these regulatory measures could have on various daily fantasy sports operators.

Creator

Garrett Greene

Publisher

St. Mary's Law Journal and St. Mary's University School of Law

Date

2016

Contributor

St. Mary's University School of Law

Rights

Copyright to author Garrett Greene

Relation

St. Mary's Law Journal

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

Greene2FINAL.pdf

Files

Greene2FINAL.pdf

Citation

Garrett Greene, “When Fantasy Becomes Reality: Attempts to Regulate the Highly Unregulated Daily Fantasy Sports Industry ,” St. Mary's Law Digital Repository, accessed June 28, 2017, http://lawspace.stmarytx.edu/item/Greene2FINAL.pdf.

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