Some interesting legal analysis on fantasy football leagues, poker, and UIGEA.
http://thelegalblitz.com/blog/2011/1...federal-crime/
Why is online poker illegal under this same logic? Doesn’t it require skill as well?
Historically, there has been some diversity in the classification of poker by court opinions. There are older state court opinions that support classifying poker as either a game of chance or a game of skill. The Supreme Courts of Montana and Oregon have held that poker is a game of skill “with one player pitting his skills and talents against those of other players.” In contrast, the Supreme Court of Ohio has held that poker is a game of chance. In response to court opinions that classify poker as a skill game, some state legislative bodies passed statutory prohibitions on poker or card games in general, or changed the threshold for finding the gambling element of chance in order to include poker as a prohibited game. Likewise, the courts in New York have identified poker as a game of chance within the context of gambling prohibitions, even though there may be some significant skill involved in the game.
In states that use the predominance test, the legality of poker may depend on the type of poker game played and how it is played. Some forms of poker take less skill than others. Likewise, a skilled poker player has a better opportunity to demonstrate skill in a tournament as opposed to a single hand.
