Category:

Journal of Regulatory Compliance

The New World of Sports Gambling: A Need for More Rules and Regulations on a National Level

It has been quite the whirlwind since the 2018 landmark case of Murphy, Governor of New Jersey v. National Collegiate Athletic Association. It ultimately declared The Professional and Amateur Sports Protection Act (PASPA) of 1992 to be in violation of the Tenth Amendment of the United States Constitution. The act effectively outlawed sports betting across the nation, with a few exceptions. The Supreme Court held that PASPA conflicted with the Anti-Commandeering Doctrine of the Tenth Amendment. Additionally, the Court held that the power to regulate this type of activity must be reserved solely to the several states. Since this decision, 38 states and the District of Columbia have legalized sports betting in various forms, with 29 states authorizing online or mobile bets. The rapid growth of the sports gambling industry has brought opportunities for both sports fans, as well as new revenue sources for states. However, it has also exemplified the urgent need for more federal regulation. There are newfound risks to the integrity of sports, a rise in the rates of gambling addiction, all while it becomes increasingly difficult to ensure fair market practice regulations.