John T. Holden, Spears School of Business Oklahoma State University
On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA). The Court ruled that while Congress could regulate sports gambling directly, Congress could not commandeer state legislatures to maintain prohibitions on sports gambling that the states no longer desired. In the wake of the Supreme Court’s Murphy decision more than 15 states have passed laws allowing citizens to wager on sports. As states have acted feverishly to pass sports wagering laws quickly there has been a lack of uniformity across the country leading to each state regulating sports wagering differently. While these differences can be minute in many cases, in other cases they may be significant. Pushing back against the deluge of state efforts to legalize and launch sports wagering have been calls for a federal regulatory regime that has been pushed by the leaders of several of the major professional sports leagues.
In December of 2018, Senators Charles Schumer and Orrin Hatch introduced the Sports Wagering Market Integrity Act. The bill quickly died as it was introduced immediately before the end of Congress’s session, but what it left was an important discussion point. What, if any, role should the federal government play in regulating sports wagering in the United States. This special issue of the Journal of Legal Aspects of Sport is designed to serve as a forum to publish essays on discrete issues advocating in support for either the federal regulation, or the state regulation of sports wagering moving forward. The issue is inspired by the Federalist papers, written between October 1787 and May 1788 by Alexander Hamilton, James Madison, and John Jay who argued in favor of ratifying the proposed Constitution, and the need for a strong central government for the Union. Opposing the Federalists were the Anti-federalists, opposed a strong central government, and the proposed Constitution, instead advocating for states to retain most of the power to better respond to local issues. The issue of sports betting regulation is one that has divided experts as to the best means to move forward, as such this special issue is meant to present various arguments on each side.
This special issue of the Journal of Legal Aspects of Sport asks authors to position their articles to advocate for either the federal or the state regulation of sports wagering in the future by focusing on specific aspects that state governments or the federal government may be more efficient at. For example, is it desirable to have a national gambling clearinghouse, as was proposed by Schumer and Hatch bill? Alternatively, authors may seek to explore why it is beneficial for states to determine, which events can be wagered upon. This call provides wide leeway for authors to advocate for a particular position.
This JLAS issue aspires to assemble a thought-provoking collection of articles that shine a light on the important issues regarding sports wagering regulation in the coming years. We welcome thoughtful articles from both academics, and practitioner experts.
Paper submission procedure
- The deadline to submit a paper is March 1, 2020.
- All papers should be in English.
- Papers must clearly identify whether they support federal or state regulation.
- Papers should be between 2,000 and 10,000 words (inclusive of footnotes).
- Send your submission or questions by email to John Holden, firstname.lastname@example.org, with the email subject line “JLAS Call for Papers”