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31 Marq. Sports L. Rev. 1 (2020-2021)
Criminalizing Match-Fixing as America Legalizes Sports Gambling

handle is hein.journals/mqslr31 and id is 13 raw text is: ARTICLES CRIMINALIZING MATCH-FIXING AS AMERICA LEGALIZES SPORTS GAMBLING JODI S. BALSAM* INTRODUCTION In May 2018, the Supreme Court decided Murphy v. NCAA,2 striking down the Professional and Amateur Sports Protection Act (PASPA) that prohibited states from allowing sports betting.3 At this writing, more than two years after PASPA's judicial repeal, eighteen states have enacted legal sports betting, five states plus Washington, D.C. have passed legislation that is pending launch, and twenty-four more have introduced sports gambling bills.4 Somewhat myopically, these legislative efforts fail to address the game integrity concerns flagged by the sports leagues and other entities that create the contests on which * Associate Professor of Clinical Law, Director of Externship Programs, Brooklyn Law School. I received excellent research assistance from Nick Rybarczyk, Matthew Schechter, Madison Smiley, and Katherine Wilcox. Thank you to Daniel Wallach and to participants in the Brooklyn Law School Faculty Workshop for their time and helpful comments and suggestions. I also benefited enormously in writing this article from my experience as in-house counsel at the National Football League from 1994 through 2006, but all opinions expressed herein are entirely my own. 1. This article builds on my prior scholarship examining the history of American match-fixing scandals; how leagues and law enforcement have attempted to deter, detect, and punish the malefactors; and how with the onset of legal sports betting state governments have missed the opportunity to regulate for game integrity. Jodi S. Balsam, Legislatingfor Game Integrity as U.S. States Legalize Sports Betting, LAwINSPORT 4-6 (Sept. 6, 2019), https://ssm.com/abstract=3455424. 2. 138 S. Ct. 1461 (2018). 3. 28 U.S.C. §§ 3701-3704 (2020). 4. See Ryan Rodenberg, United States of Sports Betting: An Updated Map of Where Every State Stands, ESPN (June 9, 2020), https://www.espn.com/chalk/story/_/id/19740480/the-united-states-sports-betting- where-all-50-states-stand-legalization; see also Dustin Gouker, Legislative Tracker: Sports Betting, LEGAL SPORTS REP., https://www.legalsportsreport.com/sportsbetting-bill-tracker/(last visited Dec. 12, 2020).