The unstated assumption underlying the drive for a la carte regulation and family-friendly tiering mandates is that government can somehow magically create a right to receive video programming on any terms you wish. Certainly if you don't like what your current video service provider has to...

Balancing the protection of private business interests against governmental regulation is one of the most significant legal frictions of the modern era. Over the course of the past twenty-eight months, this conflict has manifested itself through a federal sports gambling lawsuit involving New...

On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...

With its tremendous popularity among Millennials and Generation Z, esports represents one of the fastest growing segments of the U.S. sports and entertainment market. It is the source of massive amounts of venture capital inflow, unprecedented marketing and media dollars, and altogether new...

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...

The Internet has become an integral part of the everyday life of households, firms and governments. Its proper functioning over the long run is therefore crucial for economic growth and people’s wellbeing more generally. The success of the Internet depends on its openness and the confidence of...

A recent proposal for net neutrality regulation in the wireless industry suggests carriers should open their networks in particular ways. The proposal advocates creating standards that will make it easier for developers to write applications and for hardware firms to create devices that will...

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 current dispute between the NFL Network and cable operators over carriage arrangements is a sign the market is working rather than failing. Proposed state legislation mandating arbitration for these disputes negates the programming distributor's ability to negotiate price, terms and...