Harvard law professors Nesson and Dershowitz

[LearnedfromTV]

According to this article in the Boston Herald, two high profile Harvard law professors are advocating the legalization of online poker.

http://www.bostonherald.com/business...icleid=1039633

I was aware of the Nesson angle through 2p2 poster Foucault, who is connected with the study group Nesson has organized and has posted trip reports of meetings. I did not realize Dershowitz was representing an online sportsbook.

Dershowitz is a divisive figure, and I'm not up on the relevant politics enough to know how beneficial having him on our side is, but it's certainly noteworthy.

Thoughts?

[oldbookguy]

Nice article, but so inaccurate!

First though, great to have Harvard and that Alan guy on our side, now, how do we contact them?

We need to write them and let them, and the paper know, poker is NOT illegal to play!

My response to the paper:

Sir,
I am writing concerning the article written by By Scott Van Voorhis Monday, October 22, 2007 concerning online poker titled - Profs back online poker Harvard lawyers work to overturn gaming ban.

Voorhis states, “Poker players pining for a return of Internet gaming now have the law on their side. Harvard Law, that is” and later states, “A pair of top Harvard Law School professors have taken up an unlikely cause - the legalization of online poker.”

A little known fact outside the poker world is that the UIGEA did NOT ban Internet Gambling. The UIGEA made it a crime to transfer funds to sites that ARE illegal Internet gambling, a major difference.

As an example, World Winner, a company located in Newton, Ma. Offers online wagering everyday, entirely legal. Games classified as ‘SKILL’. These games are even available via AOL & MSN, right next to the free games and childrens games. These games include such card games as Solitaire, Hearts, Spades and Free Cell. So, the question is, if these are legal ‘SKILL’ games, is poker illegal? Certainly the element of chance is no greater in poker than anyother card game, correct?

I would enjoy seeing a story on this, LEGAL Internet wagering and asking, in this light, where does poker fit in?


obg

[Foucault]

OBG,

I know how to contact them, but it sounds like your message is really more for the paper than for the profs. And it's not precisely true that online poker is legal. There isn't a clear prohibition against the playing of it, and the arguably applicable statutes such as the Wire Act haven't been enforces, though the Justice Department has warned that they don't consider it legal to play.

If I were a high-profile lawyer like Nesson or Dershowitz, I would certainly not be playing poker online right now.

[TheEngineer]

[ QUOTE ]
Justice Department has warned that they don't consider it legal to play

[/ QUOTE ]

Can you cite this warning (beyond that B.S. FBI "informational" web page done a few months ago by some intern)? I couldn't find anything from the DoJ against playing. Thanks.

[oldbookguy]

The letter was sent to the paper, not the prof's, though I have found a contact site.

Read carefully, I do not state poker is legal, only that skill gaming is, listing the games and asking, where does poer fit this legal model?

obg

[TruePoker CEO]

Mr. Dershowitz is representing Gary Kaplan, formerly of BetOnSports, in his argument that the Antigua decision by the WTO bars prosecution of Kaplan. His name appears on the brief filed on Kaplan's behalf on that point.

Generally speaking, the brief is well-written and better than similar arguments presented, I think, in the iMega civil case. While we are all awaiting the iMEGA ruling, which ruling may or may not touch on this issue, the WTO/Charming Betsy issue has been unavoidably raised in a criminal matter involving the Wire Act and sportsbetting.

[Wynton]

[ QUOTE ]

Generally speaking, the brief is well-written

[/ QUOTE ]

Mr. Dershowitz, I'm sure, will be greatly relieved at this seal of approval.

[Cactus Jack]

[ QUOTE ]
[ QUOTE ]

Generally speaking, the brief is well-written

[/ QUOTE ]

Mr. Dershowitz, I'm sure, will be greatly relieved at this seal of approval.

[/ QUOTE ]

Was that necessary?

[Wynton]

I'm sorry, it was obnoxious and unnecessary.

But I just couldn't help find it a little amusing to read a comment about the writing ability of Alan Dershowitz, who is generally considered one of the preeminent appellate attorneys in the country, regardless of any political baggage. (He also has a bevy of Harvard law students always willing to volunteer helping him.)