This course covers the law and policy of prohibiting or regulating gambling, which in its lawful form, has recently been one of the fastest growing industries in the United States. The course examines why and how jurisdictions regulate (or prohibit) gambling. The course examines why and how jurisdictions regulate (or prohibit) gambling. Numerous interesting questions arise: are there important distinctions between gambling in the stock market and in a casino? How do we tax an activity that for some is considered entertainment, and for others, a business enterprise? Which order of government should be involved in this work? Which regulatory model works best? How do we effectively limit a commercial activity that may have serious social harms? In addressing these questions, the course is in some ways, an applied course in criminal law, contracts, due process, constitutional federalism, and regulation, as well as commerce and internet.
April 5, 2011