Some Reflections on the past, Present and State-Dependent Future of Lotteries in American Gaming Law

Abstract

This article discusses the past, present, and possible future of lottery playing in the U.S. in the legal context. After the introduction in Part I, Part II examines the history and development of lottery playing in the U.S. Part III discusses the development of lottery playing in the U.S. and the role that public policy plays in court determinations of the legality of lotteries. Part IV discusses lottery legalization in the U.S., while Part V addresses an example of the financial success of lotteries and presents some criticisms of lotteries as tax vehicles in lieu of taxation by legislative mandate. Part VI defines lotteries as a type of gambling in the U.S., and Part VII assesses the legal impact on public policy of legislative changes in state lottery laws. Part VIII reflects upon some of the consequences of state legalization of lotteries; then Part IX is the conclusion.