Supreme Court Makes It Easier for People to Win Big

Alexandra Eichner

Enacted in 1992, the Professional and Amateur Sports Protection Act (“PASPA”) barred all but a small handful of states from legalizing sports betting.[1]  Sports betting had come to be so disfavored by so many members of the public and of the federal government, that Congress took matters into their own hands with this federal legislation.[2]  PASPA stood as federal law until May 18, 2018, which is when the Supreme Court declared it unconstitutional in its entirety due to the commandeering effect it had on the states.[3]  The Supreme Court said that PASPA unconstitutionally directed state legislatures by telling them that they were not allowed to repeal their own state laws that banned sports betting.[4]  With this ruling, the Supreme Court further cemented this anti-commandeering doctrine into law.[5]  The reasoning behind this Supreme Court opinion stands to not only effect legalized sports betting, but also subjects not related to gambling at all.[6]  Debates on sanctuary cities, gun control, and marijuana possession will likely feel repercussions of this Supreme Court decision.[7]  

While many people and organizations are in opposition to legalized sports betting—including a number of critical athletes, the National Collegiate Athletic Association (“NCAA”), and other sports leagues—many benefits are likely to follow sports gambling legalization efforts of the states.[8]  Sports gambling is a multi-billion dollar industry in the United States today, and the recent Supreme Court decision to allow states to decide for themselves if they will allow sports betting will benefit both state and national economies by greatly increasing tax revenues.[9]  And that is not the only benefit.[10]  A safer market will be created for sports bettors, jobs will be created, a bigger economic impact will be felt, the integrity of sporting events will be better protected, people with a gambling addiction may help receive treatment faster, and the games will be more exciting for the leagues and viewers.[11]  

Many state legislatures are quickly reacting to this decision and are beginning to discuss possible legalization in their own states.[12]  A small handful have already enacted full scale sports gambling, while another handful have recently passed bills.[13]  Twelve others have introduced sports gambling bills that are awaiting passage.[14]  Almost half of the states have reacted to this news in some way and are engaged in efforts to move their state towards legalized sports gambling.[15]  

The State of Florida specifically has laws that prohibit sports gambling.[16]  These laws would need to be repealed or amended before sports betting would be legal in the state.[17]  These actions have not been taken by the Florida legislature yet.[18]  But that is not to say that Florida will not legalize sports gambling in the future.[19]  However, if Florida does, those legalization efforts may prove to be more challenging in that state than in some of the other states.[20]  For one, there are eight Indian owned and operated casinos in Florida.[21]  This throws a third party—one not too keen on adding sports gambling to the casinos—into the mix of negotiators for legalization.[22]  Second, a ballot initiative stands as an obstacle.[23]  Florida has an amendment on the ballot in November that, if passed, would require voter approval to expand gambling.[24]  It would no longer be left to the legislature.[25]  So the future of legal sports gambling in Florida is still an open question, and in the hands of future voters in November 2018.[26]  



[1].          Amy Howe, The 10th Amendment, Anti-Commandeering and Sports Betting:  In Plain English,
SCOTUS Blog (Aug. 14, 2017, 12:19 PM), http://www.scotusblog.com/2017/08/10th-amendment-anti-commandeering-sports-betting-plain-english/. 
[2].          See S. Rep. No. 102–248, at 5 (1992).
[3].          Murphy v. Nat’l Collegiate Athletic Ass’n, No. 16–476, slip op. at 31 (U.S. 2018).
[4].          Id.  
[5].          Mike Maharrey, Supreme Court’s Sports Gambling Opinion is a Rare and Major Win
for the Tenth Amendment, Tenth Amendment Center (May 14, 2018), http://www.tenthamendmentcenter.com/2018/05/14/supreme-courts-sports-gambling-opinion-is-a-rare-and-major-win-for-the-tenth-amendment/.
[6].          Ilya Somin, Sports Gambling Decision is a Major Victory for Federalism, Reason (May 14,
2018), http://www.reason.com/volokh/2018/05/14/sports-gambling-decision-is-a-major-vict/print.
[7].          Id.
[8].          Adam Edelman, College Sports Warn Against Moves to Legalize Betting, NBC (Feb. 19, 2018),
http://www.nbcnews.com/politics/politics-news/college-sports-warn-against-moves-legalize-betting-n848856; Brett Smiley, 7 of the Biggest Potential Benefits of Legal, Regulated Sports Betting, Sports Handle (Aug. 23, 2017, 11:50 AM), http://www.sportshandle.com/sports-betting-laws-regulation-benefits/.  
[9].          Smiley, supra note 6.
[10].         Id.
[11].         Id.
[12].         See Ryan Rodenberg, State-by-State Sports Betting Bill Tracker, ESPN (June 29, 2018),
http://www.espn.com/chalk/story/_/id/19740480/gambling-sports-betting-bill-tracker-all-50-states.
[13].         Id.
[14].         Id.
[15].         See id.
[16].         Id.
[17].         Rodenberg, supra note 10.
[18].         Id.
[19].         Id.
[20].         See Craig Davis & Gray Rohrer, Supreme Court Ruling Doesn’t Mean Sports Betting Will Come
to Florida Quickly — or at all, Sun Sentinel (May 14, 2018, 7:40 PM), http://www.sun-sentinel.com/sports/fl-sp-sports-betting-ruling-florida-20180514-story.html; News Serv. of Fla., Florida, Seminoles Extend Gambling Deal, Sun Sentinel (Apr. 19, 2018,10:10 AM), http://www.sun-sentinel.com/news/politics/fl-reg-seminole-gambling-agreement-20180418-story.html.
[21].         Florida Casinos, 500 Nations, http://www.500nations.com/Florida_casinos.asp (last visited July 28, 2018).
[22].         Shannon Green, Sports Betting Ruling:  The Good, Bad, and the Ugly for Florida, Orlando
Sentinel (May 15, 2018, 2:35 PM), http://www.orlandosentinel.com/opinion/audience/shannon-green/os-ae-sports-betting-ruling-consequences-20180515-story.html.
[23].         See Davis & Rohrer, supra note 18.
[24].         Id.
[25].         See id.
[26].         Id.

Paging Dr. Robot: Applying an Outdated Regulated Scheme to Robotic Medicine


Talya Van Embden

On April 22, 2018, 18-year-old Deanna Recktenwald stared death square in the face and didn’t even know it, at least not until her robotic side kick—her Apple Watch—notified her to seek immediate medical attention.[I]  Calmy sitting at church Deanna’s smartwatch pinged her, alerting her that her resting heart rate had skyrocketed from a normal rate of “60 beats per minute to a rate of 190 beats per minute.”[II]  Her watch instructed her to reach the nearest hospital and upon arrival, emergency room physicians performed a series of tests confirming that Deanna’s smartwatch was correct—her Apple Watch “helped catch a serious condition from which she was unaware she was suffering,” a genetic condition known as Alport System.[III]  Doctors warned her that she is lucky to be alive, telling her that if the smartwatch had not alerted her to the symptoms, she would have died.[IV]  Deanna’s story isn’t unique, but is one of the many stories considered at the start of a technological revolution in the healthcare world—an Artificial Intelligent revolution (“AI”).[V]  The words “artificial intelligence” and revolution in one sentence may evoke futuristic images of robotic machines who become more innovative and advanced than their creators, ultimately deciding to annihilate civilization.[VI]  But in reality?[VII]  Imagining a dyspostic future with an impending doom is not necessary to see just how AI can change the way we live our lives.[VIII]  Wearables such as the Apple Watch or Fitbit are no longer engineered to just monitor how many steps a user takes in one day or a user’s resting heart rate—they employ a form of AI technology that mimic the human brain to detect irregular heartbeats and spot health issues.  The very first glimpse of AI occurred in the early 1950’s.[IX]  AI has come a long way since, but as innovation continues to move at the speed of light, complex issues begin to present themselves.[X]  One of the biggest and most worrisome issues facing regulatory agencies is AI as applied to the healthcare world, its medical devices, and its drugs.[XI]   The daunting task of determining what is the best route to regulate AI medicine so it is safe and effective falls to the purview of the FDA.[XII]  The FDA has issued guidance and attempted to get ahead of innovation, promoting AI in healthcare—But that begs the question, is caution warranted?[XIII]



[I].          Inside Edition Staff, Teen’s Life Saved by Apple Watch That Alerted Her Heart Condition, Inside Edition (May 4, 2018, 8:23 AM), http://www.insideedition.com/teens-life-saved-apple-watch-alerted-her-heart-condition-43024.
[II].           Id.
[III].          Id.
[IV].          Inside Edition Staff, supra note 1.
[V].         Carrie Marshall, The Doctor on Your Wrist:  How Wearables Are Revolutionizing Healthcare, TechRadar (July 6, 2018).
[VI].         Scott Bennett et al., Artificial Intelligence in Health Care:  Welcome to the Machine 16–20 (Ana Greene et al., ed. 2018), http://www.healthlawyers.org/News/Connections/Documents/2018/PDFs%20For%20Archive/18_June_Connections_DIGITAL.pdf.
[VII].          Id. at 16.
[VIII].        Id.
[IX].        Tom Simonite, The Wired Guide to Artificial Intelligence, Wired: Business (Feb. 2, 2018, 9:22 AM), http://www.wired.com/story/guide-artificial-intelligence/.
[X].      Michael Guihot et al., Nudging Robots:  Innovative Solutions to Regulate Artificial Intelligence, 20 Vand. J. Ent. & Tech. L. 385, 393 (2017); see also Richard A. Merrill, The Architecture of Government Regulation of Medical Products, 82 Va. L. Rev. 1753 (1996).
[XI].            See Id.
[XII].          See id.
[XIII].         See id.