This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. DFS is an ideal context to study this issue for three reasons. First, DraftKings and FanDuel were able to categorize themselves differently to different...

The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been...

On May 14, 2018, the U.S. Supreme Court held in Murphy v. National Collegiate Athletic Association that the Professional and Amateur Sports Protection Act (“PASPA”) violated the Tenth Amendment of the U.S. Constitution, and thus the U.S. government may not use PASPA to prevent states from...

Over the past two years, there has been a monumental shift in how U.S. professional sports leagues have perceived “daily fantasy sports.” Back in March 2013, the chief executive of Major League Baseball Advanced Media, Robert Bowman, told the New York Times that he perceived “daily fantasy...

This article sets forth the argument that college administrators must adopt a more uniform policy about alcohol use. Part I of this article describes college student alcohol use and the efforts made by college administrators to discourage students from binge and underage drinking. Part II...

In recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy...

America is in the midst of a “fantasy sports revolution” that is changing the way sports fans interact with one another. With more than 30 million Americans playing fantasy sports, today’s sports fans spend as much time predicting the performance of professional athletes as Wall Street...

The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling championship events, determining eligibility rules, entering into commercial contracts, and punishing members that refuse to follow its...

The accompanying article argues that most sports agent laws subordinate athletes’ interests to those of the National Collegiate Athletic Association (“NCAA”), and that sports agent law needs to change to better protect both professional and amateur athletes. This article is timely in light...