I. Nelson Rose
Encyclopedia
I. Nelson Rose is an internationally known author
Author
An author is broadly defined as "the person who originates or gives existence to anything" and that authorship determines responsibility for what is created. Narrowly defined, an author is the originator of any written work.-Legal significance:...

 and public speaker, and is recognized as one of the world's leading experts on gambling
Gambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...

 and gaming law
Gaming law
Gaming law can be described as the set of rules and regulations that apply to the gaming or gambling industry. Gaming law is not a branch of law in the traditional sense but rather is a collection of several areas of law that include criminal law, regulatory law, constitutional law, administrative...

. He is currently a Distinguished Senior Professor
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...

 at Whittier Law School
Whittier Law School
Whittier Law School is a law school in Costa Mesa, California. Founded in 1966, it is a fully accredited ABA law school in Orange County, California. A private university, it is part of Whittier College.-History:...

 and a Visiting Professor at the University of Macau
University of Macau
The University of Macau, ;, established in 1981, was the first and currently the largest university in Macau, a former Portuguese colony. It was formerly known as University of East Asia , and was renamed the University of Macau in 1991. The university offers about 100 Doctoral, Master's and...

. Professor Rose is best known for his internationally syndicated column
Column
A column or pillar in architecture and structural engineering is a vertical structural element that transmits, through compression, the weight of the structure above to other structural elements below. For the purpose of wind or earthquake engineering, columns may be designed to resist lateral forces...

 and 1986 landmark book, Gambling and the Law.

Impact on legal gambling

In 1979, while still a student at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

, Professor Rose developed the theory of the Third Wave of Legal Gambling. 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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. 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.”

The Third Wave of Legal Gambling theory explains why the states differ so much in their approaches to gaming. Professor 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 Professor 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. The next year the Legislature authorized casinos, making Mississippi the third leading casino state, after Nevada and New Jersey.

Professor 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
Industry
Industry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...

 in legalizing and regulating casinos
Casinos
Casinos can refer to:*the plural of Casino*Casinos, Valencia, a municipality in Spain*The Casinos, an American popular music group...

, poker
Poker
Poker is a family of card games that share betting rules and usually hand rankings. Poker games differ in how the cards are dealt, how hands may be formed, whether the high or low hand wins the pot in a showdown , limits on bet sizes, and how many rounds of betting are allowed.In most modern 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.

Professor Rose’s expert testimony led to the introduction of Texas hold 'em
Texas hold 'em
Texas Hold 'em is a variation of the standard card game of poker. The game consists of two cards being dealt face down to each player and then five community cards being placed face-up by the dealer—a series of three then two additional single cards , with...

 and Pai Gow Poker
Pai gow poker
Pai Gow poker is an Americanized version of Pai Gow . The games of Pai Gow poker and Super Pan-9 were created by Sam Torosian and Fred Wolf.The game is played with a standard 52-card deck, plus a single joker...

 into California cardroom
Cardroom
A cardroom or card room is a gaming establishment that exclusively offers card games for play by the public. The term poker room is generally synonymous, since the gambling games played in such establishments are typically, and sometimes exclusively, variations of poker such as Texas hold 'em.Such...

s in the 1980s; His work with tribes and suppliers on the Indian Gaming Regulatory Act
Indian Gaming Regulatory Act
The Indian Gaming Regulatory Act is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act...

 and in testifying on what is legal on Indian land helped lead to the creation of the modern tribal bingo hall and casino.

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." In 2006, the first NAFTA tribunal involving gaming adopted Professor Rose’s testimony, on behalf of the federal government of Mexico, on what constituted a slot machine as opposed to a game of skill. The North Dakota Supreme Court
North Dakota Supreme Court
The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts....

 also adopted his position on what is a slot machine. The California Supreme Court adopted his testimony on what constituted a banking game, closing down the State lottery’s Keno
Keno
Keno is a lottery or bingo gambling game often played at modern casinos, and is also offered as a game in some state lotteries. A traditional live casino keno game uses a circular glass enclosure called a "bubble" containing 80 balls which determine the ball draw result. Each ball is imprinted...

.

In “Compulsive Gambling and the Law”, Professor 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. 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
Caesars Palace
Caesars Palace is a luxury hotel and casino located on the Las Vegas Strip in Paradise, Nevada, an unincorporated township in Clark County, Nevada, United States in the Las Vegas metropolitan area. Caesars Palace is owned and operated by Caesars Entertainment Corp....

, and asked the U.S. Supreme Court to hear the appeal. Professor Rose was instrumental in getting governments and operators to put in place protections for compulsive and underage gamblers.

Professor Rose is the co-author of "Internet Gaming Law" (1st and 2nd editions), Blackjack and the Law, and the first casebook on the subject, "Gaming Law: Cases and Materials". Professor Rose is co-editor-in-chief of the Gaming Law Review & Economics. 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

I. Nelson Rose graduated from UCLA with a B.A. in 1973 and with a J.D. in 1979 from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

. Immediately following graduation from Harvard, Professor Rose moved to Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

 to practice law. He passed the Hawaii and California bars and has also been admitted to practice in federal court
Federal court
Federal court may refer to a court of the national government in a country that has a federal system of government. Examples include:* United States federal courts** A particular federal court, such as the United States district courts....

s, including Ninth Circuit Court of Appeals and the United States Supreme Court.

While in Hawaii, Professor 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. Professor Rose served as legal counsel to the eye bank from 1981-1983.

Teaching

Professor 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 2007 his position was changed to Distinguished Senior Professor, similar to professor emeritus.

In Fall 1983, Professor Rose developed and taught the first law school class on Gaming Law. 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 Professor Rose co-authored.

In 1993-1994, Professor 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 Professor Rose was the only person teaching Gaming Law in the nation’s leading state for legal gaming.

In 2004, Professor 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 Slovenia
Slovenia
Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...

; and, at UNR’s professional training courses in Reno, Tahoe and Macau.

Professor Rose began co-teaching, with Professor Jorge Godinho, a graduate level class in Gaming Law at the Masters and Postgraduate Programs in International Business Law at the University of Macau in 2007. Most of the students have law degrees from China, Macau or countries in the Portuguese-speaking world, such as Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...

 and East Timor
East Timor
The Democratic Republic of Timor-Leste, commonly known as East Timor , is a state in Southeast Asia. It comprises the eastern half of the island of Timor, the nearby islands of Atauro and Jaco, and Oecusse, an exclave on the northwestern side of the island, within Indonesian West Timor...

. Professor Rose has taught the course every June since 2007. He has also participated as the lead judge for students defending their Masters’ theses on issues related to legal gambling.

Consultant and expert witness

Professor Rose has testified as an expert witness in administrative, civil and criminal cases throughout the United States, in Australia and New Zealand, including the first NAFTA tribunal on gaming issues. He has acted as a consultant to major law firms, international corporations, licensed casinos, Indian tribes, and local, state and national governments, including the states of Arizona, California, Delaware, Florida, Illinois, Michigan, New Jersey, Texas; the provinces of Ontario and Québec; and the federal governments of Canada, Mexico and the United States.

Professor Rose’s clients include regulators, such as the Arizona Department of Gaming, Delaware State Lottery (regulates sports books and racinos), Illinois Gaming Board, Texas Comptroller (regulated bingo) and New Jersey's Division of Gaming Enforcement. He has also worked with the largest operators, including Nevada and Atlantic City casinos, California cardrooms, state and national lotteries, race tracks, Indian tribes
Indian tribes
The India's tribal belts refer to contiguous areas of indigenous settlement of tribal people of India.-Northwest India:The Tribal Belt of Northwest India includes the states of Rajasthan, Gujarat, Maharashtra, and Karnataka. The tribal people of this region have origins which precede the Vedic...

 and online gambling
Online gambling
Online gambling, also known as Internet gambling and iGambling, is a general term for gambling using the Internet.-Online poker:Online poker tables commonly offer Texas hold 'em, Omaha, Seven-card stud, razz, HORSE and other game types in both tournament and ring game structures...

 operators.

Professor Rose has testified as an expert on legal gambling before the California Legislature, Hawaii House of Representative's Finance Committee, New Mexico Legislature
New Mexico Legislature
The New Mexico Legislature is the legislative branch of the state government of New Mexico. It is a bicameral body made up of the New Mexico House of Representatives and the New Mexico Senate....

 and Oregon Governor's Task Force on Gaming. He has worked with the Florida State Senate on Indian gaming, the Florida Department of Business & Professional Regulation’s Division of Pari-Mutuel Wagering on poker rooms, and the Washington State Gambling Commission
Washington State Gambling Commission
The Washington State Gambling Commission is an agency of the government of the State of Washington, founded in 1973 as the state's gaming control board, which is responsible for enforcing gambling laws and regulations. This organization is the second oldest national agency of such a type...

 on casinos.

Professor Rose has testified as an expert in cases involving casino gaming; lotteries, including keno and the New York and California State Lotteries; bingo, including mechanical devices in Texas and California; Indian gaming; skill versus chance; the meaning of gambling terms and the legality of proposed games. He has been cited in numerous published court decisions, including quoted by the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

s of North Dakota and California.

Public speaking

With the rising interest in gambling throughout the world, Professor Rose has addressed such diverse groups as the National Conference of State Legislatures
National Conference of State Legislatures
The National Conference of State Legislatures is a bipartisan non-governmental organization established in 1975 to serve the members and staff of state legislatures of the United States...

, Congress of State Lotteries of Europe and the National Academy of Sciences
United States National Academy of Sciences
The National Academy of Sciences is a corporation in the United States whose members serve pro bono as "advisers to the nation on science, engineering, and medicine." As a national academy, new members of the organization are elected annually by current members, based on their distinguished and...

. He has presented scholarly papers on gambling in Nevada, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, Antigua
Antigua
Antigua , also known as Waladli, is an island in the West Indies, in the Leeward Islands in the Caribbean region, the main island of the country of Antigua and Barbuda. Antigua means "ancient" in Spanish and was named by Christopher Columbus after an icon in Seville Cathedral, Santa Maria de la...

, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...

, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

 and the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....

.

Publications

I. Nelson Rose began writing his internationally syndicated column, "Gambling and the Law", in 1983 for Gambling Times magazine. He later self-syndicated the column to other publications, both on and off the Internet, directed at laymen and professionals interested in the legal gambling industries. In 1991, he was granted the federal trademark on "Gambling and the Law" "For: syndicated and featured articles appearing in a variety of magazines and newspapers; and books, on the topic of gambling."

Gambling and the Law columns appear in approximately 100 magazines, newspapers and journals, including Casino Enterprise Management, Poker Player, Harvard Medical School
Harvard Medical School
Harvard Medical School is the graduate medical school of Harvard University. It is located in the Longwood Medical Area of the Mission Hill neighborhood of Boston, Massachusetts....

's The Brief Addiction Science Information Source (BASIS), iGaming Business, Casino City Times, Bingo Bugles, CasinoCompendium.com, The GameMaster Online, American Casino Guide and Gaming Law Review & Economics.

Professor Rose also writes for scholarly journals and books, usually using his trademark Gambling and the Law. Recent articles include: “The Third Wave of Legal Gambling," in the Villanova Sports & Entertainment Law Journal"; "Leading Law Cases on Gambling," in William N. Thompson, "The International Encyclopedia of Gambling" (ABC-Clio 2010); "Internet Gambling and the Law," in the Richmond Journal of Global Law and Business; "The International Law of Remote Wagering," in the John Marshall Law Review; and "The Explosive But Sporadic Growth of Gambling in Asia," in the Harvard Asia Pacific Review
Harvard Asia Pacific Review
The Harvard Asia Pacific Review is a semi-annual journal about the Asia-Pacific Region published by students at Harvard University...

.

Some of his writings include: “Of Course It’s a Depression”, “Casinos on Cruse Ships, Why Not on Airplanes?”, “The New UIGEA Regulations: Opportunities for Operators”, "Betting on Beanie Babies", "The Rise and Fall of the Third Wave: Gambling Will Be Outlawed in Forty Years”, “Compulsive Gambling and the Law”, and “Prohibition 2.0: The Unlawful Internet Gambling Act of 2006 Analyzed”. His columns and articles are often discussed in the news media, even in non-English language outlets. For example, "Cuba Will Have Casinos, Again", caused a stir in Latin America.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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