The Gaming Lawyer Forum

By Harris Hagan

At last there has been a development in relation to the new casinos promised by the Gambling Act 2005 (“the 2005 Act”), passed almost three years ago.

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By Charles C. Rainey

Despite more than thirty years of rapid growth in the gaming industry, only a handful of law schools have built programs that train lawyers for this expanding field of law and fewer still have constructed coursework that fully takes advantage of its unique learning opportunities. At the time of this writing, only 23 law schools are offering classes in gaming law with any regularity. Of those schools, only 12 had offered a class in the subject prior to 2004. Moreover, most of the schools that do offer gaming law classes, so narrowly focus their curriculum that they sometimes ignore the diversity of legal scholarship that the subject has to offer. This dearth of gaming law education is a rare opportunity for certain law schools and professors—an opportunity that, if seized upon, could enhance the caliber of a school’s curriculum and better prepare students for the challenges of legal practice.

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by Chris Rausch Student, University of North Dakota – School of Law

With the Indian Gaming Regulatory Act (IGRA), Congress created a cause of action for tribes to bring suit in federal court if a state failed to negotiate over Class III gaming in “good faith.” After Seminole Tribe v. Florida zapped any real potential for using the provision because of Eleventh Amendment state sovereign immunity, tribes were left with no statutory remedial possibility. The effect has taken on the characteristics of an incomplete jigsaw puzzle, where gaps in the picture deprive it of any true clarity, and any available jigsaw pieces don’t quite fit into the holes, and won’t fix the problem until someone with authority comes along and trims them into shape. Until Congress fixes the difficulties which have stemmed from its legislation, both tribes and states will continue to languish in uncertainty.

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By Olswang

While the US remains steadfast in its opposition to online gambling, Europe offers greater scope for operators looking to attract a significant (and lawful) number of gamblers. There is, however, no uniform attitude to online gambling across Europe, which means that knowledge of local regulations is crucial for any company assessing or operating in Europe’s various markets. While the UK has adopted a liberal and regulated approach to online gambling – somewhat at odds with the UK government’s recent dilution of its casino liberalisation agenda – other countries across Europe are moving at different speeds, often being prompted as much by the European Commission as ideology.

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Martha A. Sabol
Edward M. Shin
Greenberg Traurig, LLP

From gaming expansion bills and available owner’s licenses to smoking bans and mandatory identification checks, the gaming environment in Illinois has seen some significant developments in 2007, and anticipates more in 2008. Here are the highlights:

The Tenth Owner’s License (Finally) Becomes Available. The tenth owner’s license – which was initially granted to Emerald Casino Inc. (“Emerald”), an operator in East Dubuque, Illinois – has been the subject of nearly six years worth of protracted litigation that has finally concluded. Various appeals in the Illinois Appellate Court for the First and Fourth Districts followed the Illinois Gaming Board’s (the “IGB”) denial of Emerald’s request for renewal of the tenth license on March 6, 2001 and subsequent revocation of that license in December 2005. Although it ultimately ordered the IGB to issue Emerald’s license for renewal, the Illinois Appellate Court also affirmed the IGB’s decision to revoke that license. The Illinois Supreme Court refused Emerald’s request to review the latter decision, and Emerald recently announced that it would not be pursuing any additional appeals in the matter.

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With the adoption of the new Gambling Act (”Act”) in 1999 the Republic of Bulgaria took the first step toward regulation by bringing all gambling activities in its territory in compliance with the law. The Law on Amending and Supplementing the Gambling Act (promulgated in State Gazette, # 102/2001, effective Jan. 1st, 2002) established the State Gambling Commission (“SGC”) under the Minister of Finance. The SGC is a legal entity supported by the State Budget.

With the enactment of the Rules of Organization of the SGC and its Administration, the Commission staff has been structured into a specialized administration, the General Directorate for Gambling Licenses and Control, and a general administration, the Directorate for Financial and Economic Activities, Administrative, Legal and Information Support.

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