Nevada and Sports Law

The purpose of this article is to demonstrate that the state of Nevada still has much to offer for sports law enthusiasts even after the Professional and Amateur Sports Protection Act of 1992 (PASPA) was declared unconstitutional by the Supreme Court in 2018. Found in the Ninth Circuit, Nevada has often been the center of discussion in sports law for its exemption under PAPSPA related to sports wagering (gambling) under PASPA, along with Delaware, Montana and Oregon. Much has already been written on Nevada’s exemption, but after the state of New Jersey convinced the Supreme Court in Murphy v. Nat’l Collegiate Athletic Ass’n that PASPA was not consistent with the Constitution, the decision paved the way for other states to legalize, tax, regulate and participate in the sports gambling industry. So profound was the Murphy decision that the National Collegiate Athletic Association (NCAA) changed its position to allow states that have legal sports wagering to now host NCAA championship events. After engaging in the article, it is hoped that viewers will agree that the Silver State has some other gems to offer. The gamut of material is ambitious but includes, of course, the decision in Nat’l Collegiate Athletic Ass’n v. Tarkanian. It also reminds attendees that following the Supreme Court’s decision in Tarkanian, Nevada and other states immediately enacted due process statutes specific to the NCAA and to regulate the NCAA’s enforcement procedure. The Nevada statute contained procedural requirements applicable to NCAA investigations to assure some measure of conformance to due process. The NCAA sued in response alleging a violation of the Commerce Clause by extending Nevada law beyond its own geographic boundaries, and in Nat’l Collegiate Athletic Ass’n v. Miller, the U.S. Court of Appeals for the Ninth Circuit held that the Nevada statute that required the NCAA to provide different “procedural due process protections” in Nevada than it provided in enforcement proceedings in other states violated the Commerce Clause because it directly regulated interstate commerce. Numerous sport scandals are also presented including the infamous “Fan Man” incident in 1993 and when boxer Mike Tyson was disqualified for biting Evander Holyfield’s ear in 1997. Other scandals involved fraud in the high school football recruiting process and fraud related to sports memorabilia. Nevada also has numerous sport-related statutes, including at least two statutes which address the failure of a contestant, promoter, ring official or other participant to use “best efforts” during a contest. Other examples include the Skier and Snowboarder Safety Act, a recreational use statute, and now a statute that pertains to youth sport and concussions. Indeed, there are gems found within the Silver State