Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Third Circuit Upholds Online Gambling Ban
Internet gambling proponents suffered a major setback when a federal appeals court refused to strike down a 2006 law in which Congress banned all Internet gambling transactions that would be illegal in the gambler's state. In Interactive Media Entertainment & Gaming Association v. Attorney General of the United States, 08-1981, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit rejected arguments that the law should be declared void for vagueness. Writing for the court, U.S. Circuit Judge Dolores K. Sloviter found that the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) “clearly provides a person of ordinary intelligence with adequate notice of the conduct that it prohibits.”
Lawyers for the gaming interests focused on the statute's use of the phrase “unlawful Internet gambling,” which, they argued, lacks any “ascertainable and workable definition.” But Sloviter found that a plaintiff who raises a facial challenge to a statute on vagueness grounds “must demonstrate that the law is impermissibly vague in all of its applications.” With that test in mind, Sloviter found that the UIGEA “cannot be deemed impermissibly vague in all its applications” because several states prohibit all gambling activity or specifically ban Internet gambling.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?