Brigham Young University Prelaw Review


Betting, Defining Sports, Esports, Electronic Sports, Gambling, Murphy v. NCAA, Polymorphic


With the Supreme Court ruling in Murphy v. NCAA, states can legalize sports betting. Many states have chosen to do so. Unfortunately, it is still unclear whether electronic sports, or Esports, is included in the legislations. This is due in part to society not seeing Esports as a true sport. For a growing, nearly billion dollar industry, this isn’t good news. The polymorphic approach can be a resolution to this situation. The polymorphic approach to sports allows states to decide if it is in their interest to view Esports as a sport in betting legislation. Based on the possible revenue through taxation of betting and increased law and order, it is in the state’s interest to take the polymorphic approach. States who are legalizing sports betting should explicitly include Esports in their betting legislation.

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