Gambling And The Law I Nelson Rose
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Nelson Rose Gambling And The Law School

Born	May 23, 1950 (age 69)
Alma mater	UCLA, Harvard Law School

I. Nelson Rose (born May 23, 1950) is an internationally known author and public speaker, and is recognized as one of the world's leading experts on gambling and gaming law.^[1]^[2]^[3]^[4] He is currently a Professor Emeritus at Whittier College and a Visiting Professor at the University of Macau. Rose is best known for his internationally syndicated column and 1986 book, Gambling and the Law.^[5]

Impact on legal gambling[edit]

NELSON ROSE ATTORNEY & PROFESSOR OF LAW 17031 ENCINO HILLS DRIVE ENCINO, CALIFORNIA 91436 (818) 788-8509 FAX: (818) 788-3104 www.GAMBLINGANDTHELAW.com ROSE@SPRINTMAIL.COM Gambling and the Law® The U.S. Justice Department Opinion on Internet Gaming: What’s at Stake for Tribes. Hastings Communications and Entertainment Law Journal Volume 15 Number 1 Article 3 1-1-1992 Gambling and the Law - Update 1993 I. Nelson Rose Follow this and additional works at:https://repository.uchastings.edu/. Aug 22, 2011 Professor I. Nelson Rose is an internationally known scholar, public speaker and writer and is recognized as one of the world's leading authorities on gambling law. A 1979 graduate of Harvard Law School, he is a tenured full Professor at Whittier Law School in Costa Mesa, California, where he teaches one of the first law school classes on. Nelson Rose is recognized at one of the leading authorities on gambling law, often serving as an expert witness and consultant to governments and industry. His books include Gaming Law in a Nutshell (1st and 2nd editions), Internet Gaming Law (1st and 2nd editions) and Gaming Law: Cases and Materials.

In 1979, while still a student at Harvard Law School, Rose developed the theory of the Third Wave of Legal Gambling.^[6] Examining the dates when laws had been enacted in the past, he concluded that legal gambling had twice before swept the nation. He correctly predicted that state lotteries, casinos and other forms of gambling would once again be made legal in the United States. According to the theory, legal gambling will continue to spread, until it is once again outlawed.

The Third Wave of Legal Gambling theory inspired both entrepreneurs and governments to expand legal gaming, in part because it showed how much money could be made by the initial operators. 'Suppose Prohibition of alcohol had just been repealed. The hypothetical owner of the first and only liquor store in a state would make a fantastic return on investment.' ^[7]

The Third Wave of Legal Gambling theory explains why the states differ so much in their approaches to gaming. Rose showed the legal problems created by prohibitions in state constitutions dating from the 19th century on lotteries. For example, in 1990, the Mississippi Supreme Court discussed Rose's Third Wave of Legal Gambling theory in oral argument, concluding that that state's ancient constitutional ban on 'lotteries' did not prevent the Mississippi Legislature from legalizing charity bingo.^[8] The next year the Legislature authorized casinos, making Mississippi the third leading casino state, after Nevada and New Jersey.

Rose has also been involved in other major developments involving legal gambling in the U.S. and abroad. He has worked with governments and industry in legalizing and regulating casinos, poker, bingo and lotteries. He also was instrumental in the introduction of contests of skill and subscription and other games with free alternative means of entry. He wrote the legal opinion for PurePlay.com, the world's largest no-purchase-necessary poker site.^[9]

Rose's testimony led to the introduction of Texas hold 'em and Pai Gow Poker into California cardrooms in the 1980s;^[10]^[11]^[12] His work with tribes and suppliers on the Indian Gaming Regulatory Act and in testifying on what is legal on Indian land^[13]^[14]^[15] helped lead to the creation of the modern tribal bingo hall and casino.

Gambling And The Law I Nelson Rose

In 1999, the California Supreme Court cited Gambling and the Law in striking down Proposition 5, which had won the most expensive initiative campaign battle in the nation's history, and which would have legalized tribal casinos as 'lotteries.'^[16] In 2006, the first NAFTA tribunal involving gaming adopted Rose's testimony, on behalf of the federal government of Mexico, on what constituted a slot machine as opposed to a game of skill.^[17] The North Dakota Supreme Court also adopted his position on what is a slot machine.^[18] The California Supreme Court adopted his testimony on what constituted a banking game, closing down the State lottery's Keno.^[19]

In 'Compulsive Gambling and the Law', Rose described how the views of society, and thus of the law, toward problem gambling are changing. In his writings and public presentations, he explained how courts and lawmakers were struggling with the concept that a person might bet too much because they were ill, rather than because they were morally weak.^[20] He incorporated the California Counsel on Problem Gambling, wrote the bill providing funding for the Texas Counsel on Problem Gambling. In 1990, he argued the case of Erickson v. Desert Palace, Inc., before the Ninth Circuit, on behalf of a 19-year-old boy who was denied a million-dollar slot machine jackpot by Caesars Palace, and asked the U.S. Supreme Court to hear the appeal.^[21] Rose was instrumental in getting governments and operators to put in place protections for compulsive and underage gamblers.^{[citation needed]}

Rose is the co-author of 'Internet Gaming Law' (1st^[22] and 2nd^[23] editions), Blackjack and the Law,^[24] and the first casebook on the subject, 'Gaming Law: Cases and Materials'.^[25] His most recent book, co-authored in 2012, is Gaming Law in a Nutshell.^[26] Rose is co-editor-in-chief of the Gaming Law Review & Economics.^[27] He is a consultant to governments and industry and has testified as an expert witness on gaming in administrative, civil and criminal cases.

Education and legal practice[edit]

Rose graduated from UCLA with a B.A. in 1973 and with a J.D. in 1979 from Harvard Law School. Immediately following graduation from Harvard, Rose moved to Hawaii to practice law. He passed the Hawaii and California bars and has also been admitted to practice in federal courts, including Ninth Circuit Court of Appeals and the United States Supreme Court.

While in Hawaii, Rose established the state's first eye bank, the Hawai'i Lions Eye Bank & Makana Foundation, in 1981. He helped get state law changed to allow donor stickers on drivers' licenses and permit trained nurses to harvest tissue. Rose served as legal counsel to the eye bank from 1981-1983.

Teaching[edit]

Rose joined what was then named Whittier College School of Law in 1973 as a Visiting Assistant Professor. Over the years, he was promoted to Full Professor with tenure. In Fall 1983, Rose developed and taught the first law school class on Gaming Law.^[28]^[29] Today there are at least 31 law schools with courses in Gaming Law, as well as graduate business schools and undergraduate colleges, many using the casebook Rose co-authored.

In 1993-1994, Rose became the first Visiting Scholar for the University of Nevada-Reno's Institute for the Study of Gambling and Commercial Gaming. His Gaming Law classes were open to undergraduates, graduate students, and practicing lawyers and regulators. At that time, Nevada had no law school, so Rose was the only person teaching Gaming Law in the nation's leading state for legal gaming.

In 2004, Rose taught a seminar on International Gaming Law for Whittier Law School's Summer Abroad program in China. He taught the same class the following years in Spain and France. He also taught classes on gaming law to the FBI; at colleges in Slo

Nelson Rose Gambling And The Law