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Assessment of the validity of bad actor provisions
Wednesday June 18,2014 : DO 'BAD ACTOR' CLAUSES VIOLATE THE U.S. CONSTITUTION?
Distinguished Harvard law professor says they do on three grounds....
The question of 'bad actors' - companies that continued to service the US market after the UIGEA passed in 2006 - has been at the heart of debate around online poker legalisation proposals recently, particularly in the political and tribal maneuvering in California, where two bills are currently before the Legislature
It's an issue in which Pokerstars and Full Tilt Poker parent the Rational Group have an interest, having paid hundreds of millions in settlements with the US Department of Justice and formed an alliance with the California-based Morongo tribes and leading commercial card rooms in the state.
In the latest development, a distinguished - and independent - Harvard law professor Laurence H. Tribe’s assessment of the validity of bad actor provisions in the two Californian legislative proposals will give Rational encouragement.
The learned academic says that, if challenged, "bad actor" clauses are unlikely to survive an attack based on federal constitutional grounds.
The Constitutional Law professor names three areas where "bad actor" provisions could be effectively defeated:
* Such clauses qualify as constitutionally prohibited “bills of attainder” - a class that “legislatively determines guilt and inflicts punishment upon an identifiable individual without provision of the protections of a judicial trial,” otherwise known as trial by legislature.
* The December 31, 2006 cut-off date used in the California bills is arbitrary and discriminates against Pokerstars in a commercial protectionism sense under the Constitution's Equal Protection Clause.
* The Californian proposals trigger serious constitutional issues in an intellectual property sense, prejudicing Pokerstars' IP in California through restriction and contravening the Takings Clause in the federal constitution.
Gambling News :
Live Dealer Now At Slotocash -
Live Dealer can be found in the left navigation menu under 'Live Dealer' when you, the player is logged in to instant play.
Betradar Launches US Sports Betting Solutions -
With only a few weeks to go until the betting and gambling world descends on ICE in London, Betradar have today announced that they will be launching a comprehensive range of tools and services to any company that will be looking to provide sports betting in a post-PASPA United States.
Final 12 For MPNPT Morocco -
Sunday on the MPN Poker Tour Morocco will see several trophies awarded at the Mazagan Beach Resort, with the largest going to the Main Event champion along with a prize of MAD 400,000 (c.€35,400).
MPNPT Morocco Updates -
Leading the 104 combined survivors from both flights is still Said El-Yousfi with 272,000 chips; visit the MPN Poker Tour blog for an end-of-day recap and full chip counts.
MPN Poker Tour Morocco Day 1A -
The MPN Poker Tour has returned to Morocco this week (January 11-14), featuring the MAD 1.5 million guaranteed Main Event, accompanying side events, and the activities and parties for which this tour has now become known on two continents.
2018 MPN Poker Classic -
The MPN announces the return of The Classic tournament series this January. The series is back following its successful €350,000 guaranteed debut in 2017. This time €500,000 is guaranteed, along with a once in a lifetime trip to Monaco for the Classic Champion.
PDC and Sportradar Renew Deal -
Following this month’s hugely successful World Championship, the Professional Darts Corporation (PDC) and long-standing partners Sportradar have renewed their multi-faceted cooperation that will see the leader in sports data and content continuing in their role as official data
Poker Yaar Joins MPN -
Available through download, instant play and mobile, Pokeryaar.com is live with Omaha, Hold’em and Five-Card poker variants, alongside MPN’s Fish Party, the industry’s only progressive jackpot SNGs.
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