Murphy's Law: How Sports Gambling Legalization Can Have an International Impact

Abstract

This Article discusses a history of gambling laws around the world and highlights the growth of the industry, particularly in regard to sports gambling. It goes on to address Antigua and Barbuda's World Trade Organization complaint against the United States for violating its commitments to the provision of gambling services. Since that dispute, the Supreme Court ruled in Murphy v. NCAA that Congress could not prohibit states from legalizing sports gambling. In the wake of Murphy v. NCAA, more countries will want to attract United States gamblers, and likewise, foreign gamblers will desire to enter the American gambling market. However, while sports gambling is now legal in many states, antiquated federal laws continue to prohibit the cross-border supply of gambling services. This Article shows that many countries have exemplified how regulation is more effective than prohibition, and it argues that the United States should remove remaining prohibitive laws and that the World Trade Organization should increase its role in gambling regulation to promote international uniformity and allow the gambling industry to achieve its full economic potential.