Saturday, 9 December 2023

Lawrence G. Walters Article Archive

Lawrence G. Walters has contributed 10 articles published on the iGaming News site.
BetonSports Ruling Signals Disaster for Continued Viability of In Re MasterCard and First Amendment Arguments (8 May 2007)
On May 7, 2007, United States Magistrate Judge Mary Anne Medler rendered a report and recommendation, suggesting that the motions to dismiss filed by David Carruthers and his co-defendants in the BetonSports.com (BoS) prosecution be denied. The parties have 11 days within which to file written objections to the report and recommendation before a final ruling on the motions is considered by the United States District Court Judge assigned to the case. While Magistrate Judge Medler’s ruling is potentially devastating to the defendants involved in the case, it is even more disastrous to the online gambling industry, if ultimately upheld.
Legal Analysis: US Attorney General Gonzales Questioned at Oversight Hearing about Internet Gambling Regulations (20 April 2007)
The Attorney General surprisingly faced a series of questions on Thursday from Senator Jon Kyl (R-AZ), regarding the status and potential substance of the anticipated Administrative Regulations to be adopted in connection with the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA). The questioning appeared to catch the Attorney General off guard, as the hearing related to his responsibility for the alleged improprieties associated with the firings of eight U.S. attorneys.
Breaking down the UIGEA: Did Congress Kill Internet Gambling? (29 November 2006)
The United States government has finally passed a law prohibiting Internet gambling . . . or so it appears.
A Disturbing 'State' of Affairs (29 May 2006)
U.S. Rep. Robert Scott, D-Va., recently said: "If we wanted to be effective in prosecuting illegal gambling over the Internet, we would prosecute individual gamblers." It appears that Congressman Scott's point of view is gathering steam, and the online gaming industry should be concerned.
Life After Prohibition? Evaluating the Impact of Pending U.S. Legislation (24 March 2006)
After eight years of seemingly-endless legislative proposals, committee debates, and defeats, news that United States lawmakers intended to propose yet another round of prohibitionist legislation piqued little interest among industry leaders in early 2006. The common refrain of the “Kyl Bill,” the “Leach Bill,” and the “Goodlatte Bill,” became little more than background noise in an environment of seemingly constant regulatory changes. However, in this author’s view, the online gambling industry has never been more vulnerable to adverse United States legislation than right now.
Will the Commerce Clause Save Online Gambling? (15 July 2005)
While issues such as international treaties, extraterritorial statutory application, and comity may pose difficult (if not insurmountable) barriers to the application of state law to a licensed offshore gambling enterprise with no other presence in the United States, another barrier may be lurking in the United States Constitution. The individual states may lack the constitutional authority to regulate the offering of online gambling services to their residents under the somewhat esoteric principal known as the “dormant” Commerce Clause.
The WTO Ruling - A Wolf in Sheep's Clothing (15 April 2005)
In the latest chapter in the World Trade Organization dispute between the United States and Antigua over U.S. regulation of cross-border Internet gambling, the online gaming industry has lost a round. Virtually all the favorable findings contained in the initial decision, relating to the inability of the United States to regulate online gambling on a worldwide basis, were undone in this appeal. This is quite a common occurrence in the legal field--a wonderful victory is snatched away by a reviewing tribunal, with the swipe of a pen.
The Benefits of Age Verification for Online Gambling (17 September 2004)
It is time for an innovative solution to the vexing problem of online age verification for gaming Web sites.
A Breakdown of the California Gambling Advertising Suit (16 August 2004)
The more the online gambling industry can do to focus its advertising on its desired target market--and avoid spillover effect onto minors, problem gamblers or the weak-willed-- the better it will fare in the courts and in the court of public opinion.
Advertising Online Casinos - An Analysis of the Legal Rights and Risks (14 October 2003)
With I-gaming advertising under the microscope in the United States, IGN has dusted off an old article (written in 2001) from attorney Lawrence Walters that provides a broad explanation of U.S. law as it applies to advertising Internet gambling services.