The acceleration and the immediate success of DFS contests have created a small time frame for federal and state legislatures to act and regulate the new industry. While the country is still processing the legalization of DFS contests in New York, it is paramount within the next year that the UIGEA of 2006 is amended and re- flects the current standards of the fantasysports industry. Moreover, state offi- cials need to review previous state gambling laws to identify any inconsisten- cies that may have existed before DFS was created. Under federal law, tradi- tional fantasysports are legal. Since there are many similarities between tradi- tional season-long fantasysports leagues and DFS contests, there is no glaring reason why federal law cannot comment on the legality of DFS. The element of chance will never go away in fantasysports: there are some things that can- not be predicted. However, support from the major professional sports leagues and executives and recent legislation legalizing DFS contests are vital factors for Congress to consider amending the UIGEA ―fantasy carve-out‖ provision to include daily fantasysports.
industry, recent scrutiny by federal and state lawmakers is warranted. Part II of this comment provides a brief overview of the history of fantasysports in the United States, an explanation of the differences between traditional fantasysports and pay-to-play daily fantasysports, and a con- text for understanding the recent concerns regarding the legality and lack of regulation pertaining to DFS. Part III argues that states will increas- ingly find that DFS constitutes illegal gambling; while some states will attempt to legalize and regulate DFS, those regulations are likely pre- empted by the Professional and Amateur Sports Protection Act (PASPA). Part IV refutes the pronouncements by DFS proponents that an exemption in the Unlawful Internet Gambling Enforcement Act (UIGEA) for fantasysports contests legalized DFS and discusses several statutes that federal law enforcement could rely on to shut down DFS operators. Part V suggests that federal lawmakers should either criminal- ize or regulate DFS, as their efforts will be more efficient and provide better consumer protection than if regulation is left to the states.
All gaming activity associated with fantasysports can occur off Indian lands because the outcome of such games is dependent solely upon the patrons’ decisions regarding fantasy team management and the perform- ance of actual athletes. Gaming activity is “what goes on in a casino— each roll of the dice and spin of the wheel . . . the gambling in the poker hall,” not the authorizing, licensing, or operation of games. 61 Therefore, a
In addition, part of our audience may not have a vested interest in fantasysports per se, but wish to track the performance of their favorite sports stars and the games they will be playing in. The information delivered with YFSBook will approach both audiences as viable markets, for their interests in statistics and games overlap.
The contours of First Amendment protection are not as cleanly deli- neated as the simple elements needed to establish a right of publicity claim—that of identifiability and unauthorized commercial use. Although fantasysports are clearly using athlete identities commercially, C.B.C. in- vokes the First Amendment on an intuitive basis, reasoning that, because the box scores are free, everyone should be able to use them however de- sired. But, even if the press has rights to use this information for news pur- poses, this does not mean that this information can be used for unlicensed entrepreneurial use. 149
Citizens can make their own judgment whether America is better off with or without gambling, he said. In 2006, Leach lost his election bid after 15 terms in ofﬁce, and left Congress. He said it is obvious that fantasysports was exempted from UIGEA "but not from the broad sweep of law itself."
The rapid emergence of online daily fantasysports has raised questions as to why the contests are allowed, while other forms of gambling are restricted. Historically, “bucket shops” were banned enterprises where businesses would effectively accept wagers on whether companies’ stock prices would go up or down. There was never an underlying investment in companies themselves, only a deposit into a “bucket.” While bucket shops have largely faded, we examine whether they have disappeared in name only. Our analysis opens up another avenue for regulators beyond the antiquated skill-versus-chance eval- uation typically applied to gambling activities and suggests that certain fantasy contests may run counter to Commodity Futures Trading Commission regula- tions. Applying this existing regulatory framework would likely enhance con- sumer protection and market integrity.
Fantasy Sports Has Recent Anti Gambling Legislation Dropped the Ball by Providing a Statutory Carve out for the Fantasy Sports Industry SMU Law Review Volume 61 | Issue 4 Article 10 2008 Fantasy Sport[.]
The rapid rise in popularity of Daily FantasySports represents a sea change in how Americans gamble and has rightly spurred a reevaluation of America’s gambling laws. The legality of non-sports related online gambling was drawn out of its long-occupied gray area in 2011 by a Department of Justice (DOJ) opinion that paved the way for states to legalize and regulate certain forms of online gambling, as several have done. At the same time, it spurred opponents of expanded gambling to push for a federal prohibition of online wagering. The fragile legal status of online gambling generally, and of fantasysports betting particularly, has resulted in responses from lawmakers, gaming regulators, and state attorneys general that range from embracing legalization and regulation to calls for outright bans.
Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily FantasySports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the legal framework governing sports gambling and the grey area in which Dailey FantasySports providers have been allowed to operate. It then analyzes Daily FantasySports legally and qualitatively, concluding that they constitute a form of illegal sports gambling that has largely escaped regulation. Particular emphasis is placed on the hypocritical role that the major North American professional sports leagues have played in Daily FantasySports’ explosive growth, while they simultaneously oppose sports gambling and fight in court to block any attempts for its legalization. Finally, this Note presents professional sports league involvement in Daily FantasySports as an opportunity for states and the larger American gambling industry to gain the political capital necessary to repeal the federal sports gambling prohibition, and explores the rising tide of public and political support toward legalized sports betting on a state piecemeal basis.
Fantasy sport, to take a general definition, ‘involves a group of people who choose a set of individual athletes for a fantasy team from a given sport, aggregate the statistical performances of these athletes, and then compete with one another to see whose team generates the highest point totals’ (Baerg, 2009, “Defining and Describing FantasySports,” para. 1). Accounts of its evolution vary: some trace it back to early board games, such as those manufactured by APBA and Strat-O-Matic in the 1950s and 1960s, while others trace it back to the baseball game that Harvard professor William Gamson developed and played with colleagues in the early 1960s. All, however, highlight the role played by Dan Okrent, a prominent writer and editor, in codifying and disseminating fantasy baseball, through his rotisserie league, in the early 1980s.
principle’s necessary quest for enjoyment. This quest for enjoyment unavoidably confronts him to a fundamentally unappeasable desire for an elusive object, that “something” that he lost and that he believes it is never too late to “get back”. His quest for enjoyment brings him to refuse his “fascist” working conditions and, when he bribes his superiors for a generous severance package, he caves into a hedonistic pursuit of the objet a, whether it be the dream car from is adolescence, the transformation of his garage into a teenage-inspired hangout where he can smoke marijuana while listening to Bob Dylan, and most importantly his desire to shape up in order to “look good naked” (Mendes 1999). This last desire is directly linked to the fundamental desire for the gaze as objet a: Lester wants to “look good naked” in order to subject to Angela’s gaze, a desire that he regularly attempts to fulfill (and evade) through fantasy scenarios where she is displayed for his look. Mendes’ portrayal of Lester’s fantasy scenarios requires close attention, as it is the point in which the film consolidates its rendering of fantasy with the necessary traumatic, incestuous kernel that it veils.
continued during the period of Conservative – Liberal Democrat Coalition government which succeeded it (2010-15), was a government-led NHS, local authority and third sector fantasy paradigm in which health inequalities were positioned as an issue that could be effectively tackled via interventions aiming to challenge lifestyle differences between population subgroups – in particular, social classes (Smith, 2013a). Hence, despite the fact that official government documents and speeches have repeatedly, since 1997, acknowledged the underlying social and economic causes of health inequalities, they have also, as many researchers have noted, advocated the idea that health inequalities can be effectively reduced via short-term individual action (see, for example, Smith et al, 2009; Popay et al, 2010). This paradigm has been promoted and reproduced by a large body of state / third sector employees, who have developed diverse plans and projects, supported by public and other funds, to implement a wide range of downstream, outcome-focused activities in the name of reducing health inequalities. This is despite that fact that there is strong evidence that health inequalities are largely unaffected by these approaches (Phelan et al, 2004; Scott et al, 2013) and, indeed, that such interventions may exacerbate health inequalities (Lorenc et al, 2012 Whitehead, 2007).
Each character has access to a variety of weapons in Final Fantasy XIII, and each of these can be upgraded and leveled up two times. Any given weapon can be upgraded to a star rank, meaning that without a special item it is maxed out. However, if you find specific, rare and expensive items, it is possible to transform a star level weapon. Once transformed, it will acquire new abilities. You can then upgrade it to star level again. Once there, the weapon can be transformed into the character's ultimate weapon.
Fantasy has the ability to make a ‘space in the imagination’ through ‘practising in the imagination’ the healing of fractured identity and of spirituality. Fantasy may ultimately also contribute to healing fractured societies, such as those experienced by South African adolescents. Individuals will then be in a better position to contribute (live out their lives) in a more positive way to their communities. By experiencing another person’s circumstances, the reader is put in a position where they can question their social discourses and the social injustices within these discourses. Fantasy gives the reader the tools to examine these discourses with a different lens. This may help a person realise that their social discourse is dysfunctional and by complying to a particular discourse their ‘reality’ is distorted. South Africans are still dealing with a post-apartheid context, and they are grappling with new social probabilities. Fantasy narratives written for South African adolescents are alternative sources, not only for identity and spirituality formation, but also for putting into context for adolescents what it means to live in a rainbow nation.