Potential New Tax Law Would Allow NCAA Athletes to Profit From Their Image

On March 14, 2019, Rep. Mark Walker (R-N.C.) introduced a bill that would allow NCAA athletes to profit from their image and likeness. The Student-Athlete Equity Act, which is co-sponsored by Rep. Cedric Richmond (D-La.), would amend the definition of an “amateur” in the federal tax code and would allow NCAA student-athletes to get paid when they, or more specifically their image, appears in video games, advertisements, and other public media. In a statement, Rep. Walker said, “Signing an athletic scholarship with a school…
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NYS Gaming Commission Approves of Regulation which Permit Sports Betting at State Casinos

On February 4, 2019, the New York State Gaming Commission approved a proposed set of regulations, which would allow four New York State casinos to operate, and permit, in-person sports betting. According to one a member of the New York State Gaming Commission, “[t]he proposed regulations seek to protect the integrity of wagering and ensure the sports wagering remains within the scope of activity the legislature authorize.” Aside from the typical standards for operating sports betting, the proposed regulations layout a framework for how…
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Congress Enters Sports Gambling Arena: Proposes Nationwide Legislation

Sports and Entertainment Law Insider has been providing analysis of sports gambling since the topic emerged several years ago. In 2018, legislative interest in sports gambling rose to the forefront when the Supreme Court ruled the Professional and Amateur Sports Protection Act was unconstitutional and overturned the ban on commercial sports betting. The ruling opened the door for states to legalize and regulate the gambling industry within their borders. Since that time, states have introduced or reintroduced legislation related to the legalization of sports gambling,…
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NCAA Asks Ninth Circuit to Adhere to Seventh Circuit Ruling

On June 29, 2018, in a letter, lawyers representing the NCAA asked the Ninth Circuit to adhere to the Seventh Circuit’ recent decision and not revive a proposed wage-and-hour class action lawsuit brought by former NCAA football player, Lamar Dawson. The lawyer’s asked the Ninth Circuit to adhere to the June 25, 2018 Seventh Circuit ruling that upheld the NCAA’s controversial “year-in-residence rule.” The rule mandates that if a student athlete transfers from a division one institution to another division one institution, they are…
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Rhode Island All In On Sports Gambling

Rhode Island has become the third state to pass sports betting legislation. The Sports Law Insider has previously reported on both Delaware and New Jersey’s approved gambling legislation. Now, on Friday, June 22, Governor Gina Raimondo signed Rhode Island’s fiscal year budget, which included provisions for the state’s two casinos to offer legal sports betting through the Rhode Island lottery. With the passage of bill H.7200, sports wagering will begin at Twin River Lincoln casino and Twin River Tiverton casino on October 1,…
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SCOTUS Declines Opportunity to Reconsider MLB Antitrust Exemption

Major League Baseball’s immunity from antitrust violations under the Sherman Act has been called an “anomaly.” It has also been consistently upheld by courts since 1922, when it was unanimously affirmed by the Supreme Court of the United States. The exemption was codified by Congress in the Curt Flood Act of 1998, maintaining an exemption for MLB and its clubs when conducting the “business of baseball” and providing more freedom to players seeking free agency and salary arbitration. Despite striking out with lower courts, two…
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Mississippi Firearms Bill Unpopular with NCAA Conference Chief

On February 7, 2018, House Bill 1083, proposing to allow the carrying of certain firearms in public, overwhelmingly passed the Mississippi House. The bill would allow those with enhanced concealed carry permits to carry in such places as university campuses, in courthouses, and at sporting events. NCAA Southeastern Conference Chief, Greg Sankey, wasted no time in expressing serious concerns about potentially negative repercussions befalling Mississippi universities, should the bill become law. Specifically, Sankey took issue with future implications on collegiate athletic events, noting that “it…
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New Jersey Fights Back for Supreme Court Sports Betting Review

On Tuesday, June 6, 2017, New Jersey and the state’s Thoroughbred Horseman’s (NJHTA) association made a final push to convince the U.S. Supreme Court to review whether a federal law, PASPA, can prevent New Jersey from repealing its laws banning sports betting in its state. Also referred to as the Bradley Act (the name of the law’s main sponsor, Sen. Bill Bradley), PASPA was intended to stop the spread of sports betting in the United States. Passed in 1992, PASPA stopped new states from legalizing…
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U.S. Solicitor General Won’t Support Sports Betting in New Jersey

It may soon be another sad day in New Jersey for fans that enjoy betting on their favorite sport. A bill led by New Jersey Rep. Frank Pallone would have the Supreme Court overturn “the 25-year-old prohibition on state authorization of sports betting.” However, on Wednesday, May 24, 2017, United States Solicitor General Jeffrey Wall recommended that the Supreme Court deny New Jersey’s certiorari petition. There have been recent studies that the Supreme Court follows the recommendation of the Solicitor General 79.6 percent of…
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New Jersey Assembly Reaches Endzone with DFS Bill

On Monday, May 22, 2017, the New Jersey Assembly was able to advance a bill to the Senate that would regulate daily fantasy sports games in their state. Assembly Bill 3532 passed, following a 56-16 vote, with two members abstaining. The vote came just less than four months after unanimous approval by the Assembly’s Tourism, Gaming and the Arts Committee, and two months after an 8-3 approval by the Assembly Appropriations Committee. The bill would regulate all fantasy or simulated activities or contests that utilize…
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