North American sports leagues and gambling policy: a comparative analysis
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ARTICLE
North American sports leagues and gambling policy: a comparative analysis John T. Holden
Published online: 15 October 2014 T.M.C. Asser Instituut 2014
Abstract This paper analyzes the near-simultaneous submissions made by the five major North American sports leagues in opposition to New Jersey and Canada’s proposed gambling schemes, both of which would allow for the creation of single-game sports wagering. The method employed is one of comparative legal analysis of the declarations and depositions filed in proceedings surrounding the New Jersey legislation, and submissions made to Canadian Parliament. The analysis of the data involved a comparison of key legal arguments and consistency based on length, format, content, formality and the status of the signatories. Keywords wagering
Gambling Canada New Jersey Sports-
1 Introduction This paper analyzes the submissions and declarations made by Major League Baseball (MLB), the National Hockey League (NHL), the National Basketball Association (NBA), the National Football League (NFL) and the National Collegiate Athletic Association (NCAA) made to Canadian Parliament in opposition to Bill C-290 and the declarations made in opposition to New Jersey Statutory Act (NJSA) 5:12A-1 et. seq. Bill C-290 is a Canadian Parliamentary proposal that would seek to repeal paragraph
207(4)(b) of the Criminal Code of Canada.1 Paragraph 207(4)(b) presently criminalizes the following: bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sport event or athletic contest;2 The effect of repealing this paragraph in the Criminal Code would be to legalize single-sport betting across the country. The NJSA 5:12A-1 et. seq. establishes legal sports betting throughout the state of New Jersey at casinos and racetracks. The Canadian parliamentary bill has been sitting in limbo in the Senate since March 2, 2012. The New Jersey law was challenged on August 7, 2012, when the NCAA in partnership with the NHL, NBA, NFL, and MLB filed a complaint seeking injunctive relief and declaration that the law violated the Professional and Amateur Sports Protection Act (PASPA).3 In New Jersey, the state lost at both the district court level and at the Third Circuit Court of Appeals. An appeal to the Supreme Court was denied.4 The methodology used is one of comparative legal analysis. The data sets examined included submissions made to Canadian Parliament and public statements by the five entities examined, and declarations made in the litigation of NCAA v. Christie, at both the district court and Court of Appeals level.5 Analysis involved a comparison of the key arguments made in support of each parties’ 1
Bill C-290, R.S., c. C-46, 41st Parl. (2011–2012). Criminal Code of Canada, R.S.C. 1985, c. C-46 s. 207(4)(b). 3 Compl. NCAA et al. v. Christie et al., 926 F.Supp.2d 551 (D. NJ 2013). 4 See Christie et al. v. NCAA et al. 730 F.3d 208 (3rd Cir. 2013), petition for cert. denied, (US
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