gambling – Overlawyered

“The Case for Legalizing Political Betting”

Walter Olson — Thu, 26 Mar 2020 09:58:08 +0000

“Around the world, people bet on U.S. elections, the Brexit timeline, and royal baby names.” The U.S. should join the consensus and permit betting on political outcomes. [Michael T. Collins]

Tags: gambling, politics

“The Case for Legalizing Political Betting” is a post from Overlawyered - Chronicling the high cost of our legal system

Liability roundup

Walter Olson — Fri, 07 Jun 2019 10:02:27 +0000

Court of appeals throws out class action against provincial lottery Loto-Quebec: “[The lead plaintiff] said she wouldn’t have bought the tickets had she known the odds were so slim.” [Canadian Press/CBC]
And there was much rejoicing: Florida high court finally adopts Daubert, meant to curb use of faulty and unproven science in litigation [Karen Kidd, Florida Record, Beck]
Fake car-crash claims alleged: “5 SoCal Chiropractors Busted In $6M Insurance Fraud Scheme” [CBS Los Angeles] “Three Men Found Guilty Of $31 Million Slip-And-Fall Scheme Involving Homeless People” [Jen Chung, Gothamist] Cambridgeshire, England: “Footage shows moment car ‘runs over foot’ of binman accused of crash-for-cash scam” [Alex Matthews, The Sun (U.K.)]
If appellate review somehow leaves intact the scientifically baseless $2 billion Oakland verdict over glyphosate/Roundup, new changes in federal tax law might cut into plaintiffs’ winnings [Robert Wood, Forbes]
Tamper proof? Old bottles of baby powder bought on eBay are central to plaintiffs’ claims that Johnson & Johnson baby powder may have contained asbestos fibers, a theory that has underlain several large verdicts [Daniel Fisher, Legal NewsLine; John O’Brien, same; Jef Feeley and Margaret Cronin Fisk, Bloomberg]
“Michigan’s lawmakers have passed legislation to reform the state’s worst-in-the-nation auto insurance market.” [Ray Lehmann, R Street/Insurance Journal, earlier]

Tags: asbestos, claims fraud, crash faking, Daubert, Florida, gambling, Michigan, taxes

Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

March 20 roundup

Walter Olson — Wed, 20 Mar 2019 09:57:09 +0000

Sports betting: best to ignore the leagues’ special pleadings and let federalism work [Patrick Moran, Cato, related podcast]
Everything you thought you knew about corporate personhood in the law is wrong [David Bernstein reviews Adam Winkler’s We the Corporations]
Federal judge John Kane, on lawyer’s filings: “I have described them as prolix, meandering, full of unfounded supposition and speculation, repetitive and convoluted almost to the point of being maddening.” And he’s just getting started [Scott Greenfield]
“Florida Voters Join Chevron Revolt And Strike A Blow Against Judicial Bias” [Mark Chenoweth, Federalist Society Blog] Plus video panel on “The States and Administrative Law” with Nestor Davidson, Chris Green, Miriam Seifter, Hon. Jeffrey Sutton, and Hon. Michael Scudder;
Argument that Congressionally extended extension of copyright on (among other works) Atlas Shrugged violates Ayn Rand’s own ethical code [Edward Sisson]
“More Legislation, More Violence? The Impact of Dodd-Frank in the Democratic Republic of the Congo” [Nik Stroop and Peter van der Windt, Cato; our longstanding coverage of the conflicts mineral fiasco]

Tags: administrative law, copyright, corporate governance, Dodd-Frank, Florida, gambling, lawyers

March 20 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

New: Cato Supreme Court Review (including me on gerrymandering and the Constitution)

Walter Olson — Thu, 20 Sep 2018 04:05:59 +0000

On Monday the Cato Institute published its annual Cato Supreme Court Review for the 2017-18 Supreme Court term. Included is my 7,000-word article on the Supreme Court’s cases last term on partisan gerrymandering, Gill v. Whitford (Wisconsin) and Benisek v. Lamone (Maryland). Several people have told me that I managed to make a dry and complicated subject understandable and even entertaining, which I take as the highest compliment.

The entire CSCR is online, and here are its contents. I assisted in the editing of the pieces by Joseph Bishop-Henchman on the Internet sales tax case South Dakota v. Wayfair, and by Jennifer Mascott on the government-structure case Lucia v. SEC.

FOREWORD AND INTRODUCTION

The Battle for the Court: Politics vs. Principles by Roger Pilon
Introduction By Ilya Shapiro

ANNUAL KENNETH B. SIMON LECTURE

The Administrative Threat to Civil Liberties by Philip Hamburger

IMMIGRATION AND NATIONAL SECURITY

The Travel Bans by Josh Blackman

POLITICAL GERRYMANDERING

The Ghost Ship of Gerrymandering Law by Walter Olson

THE CRIMINAL LAW

Katz Nipped and Katz Cradled: Carpenter and the Evolving Fourth Amendment by Trevor Burrus and James Knight

Class v. United States: Bargained Justice and a System of Efficiencies by Lucian E. Dervan

THE FIRST AMENDMENT AND THE CULTURE WARS

Masterpiece Cakeshop: A Romer for Religious Objectors? by Thomas C. Berg

To Speak or Not to Speak, That Is Your Right: Janus v. AFSCME by David Forte

NIFLA v. Becerra: A Seismic Decision Protecting Occupational Speech by Robert McNamara and Paul Sherman

Regulation of Political Apparel in Polling Places: Why the Supreme Court’s Mansky Opinion Did Not Go Far Enough by Rodney A. Smolla

FEDERALISM AND GOVERNMENT STRUCTURE

Betting on Federalism: Murphy v. NCAA and the Future of Sports Gambling by Mark Brnovich

Internet Sales Taxes from 1789 to the Present Day: South Dakota v. Wayfair by Joseph Bishop-Henchman

“Officers” in the Supreme Court: Lucia v. SEC by Jennifer Mascott

NEXT YEAR

Looking Ahead: October Term 2018 by Erin E. Murphy

Tags: administrative law, Cato Institute, First Amendment, gambling, redistricting reform, Supreme Court, taxes, WO writings

New: Cato Supreme Court Review (including me on gerrymandering and the Constitution) is a post from Overlawyered - Chronicling the high cost of our legal system

Can the feds force New Jersey to ban sports betting?

Walter Olson — Thu, 28 Sep 2017 04:15:20 +0000

A 1992 federal law forbids states to legalize sports betting. The Supreme Court should nix that under its federal-state “anti-commandeering” doctrine: “If the federal government wants to enforce its chosen policy, it must find a way to do so that doesn’t involve having New Jersey do its dirty work.” [Ilya Shapiro and Matthew Larosiere on Cato-joined amicus brief in Christie v. NCAA; Amy Howe; John Brennan, Milwaukee Journal Sentinel; earlier] More: Richard Morrison, CEI.

Tags: federalism, gambling, New Jersey, Supreme Court

Can the feds force New Jersey to ban sports betting? is a post from Overlawyered - Chronicling the high cost of our legal system

Can Congress compel states to ban things?

Walter Olson — Sat, 19 Nov 2016 18:58:39 +0000

The Supreme Court’s “anti-commandeering” doctrine holds that the federal government lacks authority under the Constitution simply to order state governments to implement federal programs or act affirmatively in other ways. Did Congress overstep this bound when it enacted the Professional and Amateur Sports Protection Act of 1992 (PASPA), a federal statute that with some exceptions forbids states to “authorize” sports gambling “by law”? That question has come up in a case in which New Jersey sought to repeal some of its old gambling laws. [Ilya Shapiro and David McDonald on Cato’s amicus brief participation supporting New Jersey’s petition for Supreme Court review in Christie v. NCAA et al.]

Tags: constitutional law, gambling, New Jersey, sports, Supreme Court

Can Congress compel states to ban things? is a post from Overlawyered - Chronicling the high cost of our legal system

Posner upholds dismissal of online-poker suit

Walter Olson — Mon, 25 Jan 2016 05:15:57 +0000

Under an old Illinois law, not only can persons who lose at unlawful gambling sue the winners to claw back their losses, but if they fail to act, literally any other person can sue demanding that money. Citing this law, two women sued online-poker operators seeking to recover gambling losses of men who happened to be their sons (but could as easily under the law have been strangers). A Seventh Circuit panel, Judge Posner writing, has now upheld a lower court’s dismissal of the case (an intended class action) on the grounds that the Illinois law by its terms allows suit only against the other gamblers who won the poker games in question, not the house that collected a fee for presiding. [Courthouse News, Rakebrain; opinion in Sonnenberg v. Amaya Group Holdings via John Ross, Institute for Justice “Short Circuit”]

While on the subject of Judge Posner, Harvard Magazine has a Lincoln Caplan interview with him that is worth a read.

Tags: gambling, Illinois, law enforcement for profit, Richard Posner

Posner upholds dismissal of online-poker suit is a post from Overlawyered - Chronicling the high cost of our legal system

Here comes the fantasy-sports litigation

Walter Olson — Tue, 01 Dec 2015 11:15:57 +0000

Game of skill, or game of chance? “The [class-action] suit, filed in Manhattan federal court on behalf of FanDuel and DraftKings players nationwide, accuses Visa, MasterCard, American Express and other defendants of participating in a racketeering scheme to facilitate illegal gambling operations.” [Alison Frankel, Reuters]

Tags: banks, class actions, gambling, sports

Here comes the fantasy-sports litigation is a post from Overlawyered - Chronicling the high cost of our legal system

Schneiderman to fantasy sports companies: get out of New York

Walter Olson — Thu, 12 Nov 2015 05:25:50 +0000

“After a month-long investigation, New York State Attorney General Eric Schneiderman is sending cease-and-desist letters to DraftKings and FanDuel — essentially banning the two sites from operating in New York. Schneiderman feels that they are illegal gambling sites, rather than offering games of skill as both companies argue.” [Neal Ungerleider/Fast Company, David Marcus/Federalist, earlier]

More: “I challenge you to a fantasy football duel, Eric Schneiderman” [Paul McPolin, New York Post]

Tags: Eric Schneiderman, gambling, sports

Schneiderman to fantasy sports companies: get out of New York is a post from Overlawyered - Chronicling the high cost of our legal system

Fantasy sports leak

Walter Olson — Tue, 06 Oct 2015 10:13:57 +0000

No need to invoke insider trading law, “breach of duty under agency law” will do fine, says Prof. Bainbridge. More: Slate.

Tags: football, gambling, sports

Fantasy sports leak is a post from Overlawyered - Chronicling the high cost of our legal system