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BGonline.org Forums
Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act
Posted By: Alfred Mamlet In Response To: Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act (lenny)
Date: Friday, 24 August 2012, at 5:04 p.m.
I disagree with several points in the previous post.
1. Jack Weinstein is a "leading" federal district court judge. He has been a judge for 45 years, is the author of one of the most authoritative books on evidence and he is regularly cited by other courts throughout the country. Wikipedia says he "is widely regarded as one of the most respected and influential living judges in America." His 120 page opinion demonstrates that he is thoughtful and analytical judge. His reputation and skill will be considered by DOJ when they consider whether to appeal, the appellate court if they do appeal, and virtually any court in the country that considers a prosecution under the U.S. Gambling Act for poker or any other game that arguably requires skill.
2. No state court has ever considered the issue in this case: whether the "gambling" element in the U.S. Gambling Act requires luck to predominate. Some state courts have considered similar issues under their state statutes but not under this federal statute.
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