Gaming Law Schools
By Sharon Harris

Like many other professions, the practice of law is constantly evolving. Following graduation, today’s attorneys have a growing choice of legal fields, career opportunities, and diverse public and private practices.

As a bona fide industry, gaming has opened up new doors for many lawyers. Just 30 years ago, within the professional lifetime of thousands of currently practicing attorneys, only Nevada offered legal casino gaming. Those who chose the Silver State as their home base actively practiced in the field.

The legal landscape has changed. Virtually every state now has some type of gaming, which generates billions in revenues. Since the introduction of the first gaming law course at California’s Whittier Law School in 1983, legal opportunities and challenges have required the expertise of skilled gaming attorneys.

As gaming has expanded throughout the United States, numerous law schools have determined that offering appropriate coursework would provide an invaluable career direction for their graduates. The following prominent law schools have included gaming in their curriculum.

University of Nevada, Las Vegas
William S. Boyd Law School
Las Vegas, Nevada

In 1996, William S. Boyd Law School (BLS) officials at the University of Nevada at Las Vegas (UNLV) decided that because of their location in the world’s gaming Mecca, it made sense to develop a gaming law program. Students immediately reacted favorably to the coursework and the instructors.

The law school and gaming law curriculum aim to educate students about Nevada’s economy and its needs. Uniquely situated in Nevada, BLS may offer gaming law courses that encourage graduates to take leadership positions in the gaming industry. Due to expanding opportunities within Nevada, the student body includes individuals from diverse backgrounds with multiple life experiences. Many, especially the part-time students, enter the law school program with experience in the workforce as employees of local casinos. Some have prior connections within the gaming industry, and others are new to gaming law.

Most are Nevada residents, but BLS recruits out-of-state students with a broader perspective. The school also encourages minority students to apply and matriculate, and in its 10-year history, the minority enrollment has increased. Students may apply for financial aid and scholarships, based on merit and need. The school’s admissions committee determines the criteria for awarding financial aid.

BLS provides more gaming law courses than any other school, and currently offers three main courses:

• Gaming Law: This course explores public policy issues, the federal role in gaming regulation, the economics of gaming, the creation of gaming control systems, licensing procedures, ethical requirements for gaming lawyers, accounting, internal controls and taxation, gaming contracts, crimes, advertising, entertainment, legislation, problem gambling, and practical approaches to legal representation. It is useful since attorneys practice gaming law in 48 states.

• Gaming Law Policy: This course offers a study of the law relating to gaming activities with an emphasis on the laws, policies and procedures that have developed through legislative actions, court decisions and the regulatory activities of administrative agencies. All students must complete projects and papers in lieu of a final examination.

• Special Topics – U.S. Federal Gaming Law: This course provides basic information about federal gaming law, including laws concerning Native American casinos, plus details on interstate, international and online wagering. It also examines the transportation of wagering devices.

Courses have been taught by many of Nevada’s most prominent gaming figures, including Anthony Cabot of Lewis and Roca; Robert Faiss of Lionel, Sawyer & Collins; Nevada Gaming Control Board member Mark Clayton; and the late Shannon Bybee, the first director of UNLV’s International Gaming Institute. Professor Steve Johnson has overseen the coursework, ensuring that the courses meet stringent academic standards.

Students taking gaming law also participate in co-curricular activities, including Law Journal and Society of Advocates (the moot court program), similar to other students. The International Masters of Gaming Law (IMGL) sponsors an award for excellence in gaming law writing. Lionel Sawyer & Collins also awards its annual "Most Valuable Student Award of the Gaming Law Program," presented for a student’s overall achievements in the gaming law classes.

The school’s location offers greater job opportunities than elsewhere through industry exposure and networking. Director of Career Services Cynthia Asher helps students find employment in the public and private sectors and in the gaming industry. The Career Services Office and the Gaming Law Society, a student organization, conduct gaming law career and information fairs.

BLS is evaluating how to expand the program and course offerings. Such expansion could include creating an institute or center on gaming law, establishing a gaming law journal, continuing legal education and certificate programs, publishing books, adding more courses, and developing the international aspects of gaming law.

Cooley Law School
Lansing, Michigan

Since it was founded in 1972, Cooley Law School has grown to become the largest law school in the United States. The independent law school was named to honor Thomas M. Cooley, a 19th century justice on the Michigan Supreme Court. Cooley operates Juris Doctor, joint degree, and Master or Law programs on three campuses: Lansing, suburban Oakland County and downtown Grand Rapids.

The Cooley mission is to create a superior program that prepares students for employment. Most faculty members are former practitioners and can effectively offer a practical perspective in the classroom. Cooley also focuses on professionalism and ethics throughout its curriculum.

Gaming Law is an elective, open to any Cooley student. The Gaming Law class is recommended for those who are pursuing a concentration in administrative law. IMGL President Robert W. Stocker II of Dickinson Wright PLLC in Lansing is an adjunct professor. He teaches Business Planning each term. Stocker has also taught the Gaming Law course every fall for the past 10 years. He says the elective course typically has an enrollment of 16 to 24 third-year students.

"Prior to taking the course, these students rarely understand that gaming law blends Constitutional law, the concept of sovereignty, regulation, statutory enforcement and contract law," Stocker says. "The exams are practical and open book, so the students may take them home."

Students attend Cooley from all over the United States and several countries around the world. Many are older students who are seeking a law degree as a second career. Those students with solid credentials—good undergraduate grades and LSAT scores—are generally offered scholarships. Almost half of Cooley’s fall 2007 entering class had earned scholarships.

Statistically, the Cooley student body includes the nation’s largest African-American and second-largest minority student enrollment. Celebrating its 35th anniversary, there are more than 12,000 Cooley graduates worldwide.

To fulfill graduation requirements, Cooley students must participate in an in-house clinical experience or an externship working side-by-side with a licensed attorney. The school has over 1,700 approved externship sites, including the Nevada Attorney General’s office and the Michigan Attorney General’s office. Both have sections that focus on gaming regulation and gaming establishments.

Cooley continues to increase its roster of approved sites. Any firms specializing in casino law would be a welcome addition. Cooley externs are typically third-year students, working for credit rather than payment in their chosen field of practice.

Cooley and the IMGL presented New Frontiers in Gaming, a gaming law symposium, in 2005. The conference sessions discussed cutting-edge legal issues of importance to the gaming industry. The symposium emphasized topics such as the Detroit-Windsor casinos, responsible gaming, gaming developments in specific geographic areas, Bingo, slot machines, Native American and First Nation gaming, and charitable gaming.

According to Stocker, Cooley conducted a directed study program in fall 2006. Students who had taken his course developed a comprehensive study of the states by researching, reviewing and summarizing all gaming laws, rules and case authorities within every state and Washington D.C. "That information is going on the IMGL website and will be updated annually," Stocker says.

Cooley provides students and alumni with career assistance and placement services through its Career and Professional Development Office. Any student interested in gaming law has the opportunity to interact one-on-one with a career counselor who will work with that student to recognize and apply for potential employment opportunities.

Drake University Law School
Des Moines, Iowa

Never underestimate the power of an alumni group. Dean David Walker and Professor of Gaming Law Keith Miller realized the potential influence of the Drake alumni community when they campaigned to introduce gaming law into the school’s law school curriculum.

Former Iowa Supreme Court Justice Chester C. Cole established Drake University Law School, one of the 25 oldest law schools in the United States, in 1881. Cole served on the bench from 1864 to 1876.

The idea for the institution was originated at other schools, but eventually settled on at Drake. There, Miller says, they developed a "strong orientation to the bench and bar." As the only law school in Des Moines, Iowa’s capital city, Drake has a strong legislative practice.

Thanks to alumni feedback at a Las Vegas reception three years ago, Miller developed the gaming law program in 2007. Several Drake graduates had relocated to Las Vegas and were working in various capacities within the gaming industry.

Walker and Miller realized that with a population of 3 million, Iowa offered as many gaming activities as any other state. "We have land-based, tribal, riverboat, parimutuel dog and horse racing, and a state lottery. There are numerous opportunities within the state for a career path in gaming," says Miller.

Like other law schools, Drake requires specific courses in the first year. Miller explains: "After the first year, aside from a few other required courses, most classes are electives. For students interested in focusing on gaming law, I recommend Gaming Law, Administrative Law, Business Associations, Antitrust and International Trade. They should also write an independent research paper with me on a topic of interest. I also encourage them to seek clerkships and internships with firms, regulators and companies in the gaming law area."

Drake emphasizes preparation for legal research and writing. Its Constitutional Law Center is one of four chosen for an endowment from Congress. According to Miller, 95 percent of Drake students are employed within nine months of graduation. Although some may study for out-of-state bar examinations, 90 percent do take the Iowa test. Its 450 law students represent true diversity. While most are from the Midwest, more than 25 states are represented. The student body has also included international students from France and China. Two-thirds have entered law school straight from undergraduate colleges, but one-third are seeking a career change.

Drake does offer financial opportunities to worthy candidates. Miller says, "Drake does not offer specific gaming scholarships, but through its generosity, does award $3 million to $4 million in scholarship funds each year."

Several Drake alumni have gone on to successful, lucrative gaming careers. In Las Vegas, New York New York CEO Lorenzo Creighton began his career in public service in Iowa, writing racing regulations. Michael Mersch worked in the Nevada Attorney General’s office. He is now the associate counsel for Ultimate Fighting Championship, the leading brand for the mixed martial arts, boxing and wrestling. Mersch works for regulation within the industry.

In September 2008, Drake will conduct a symposium co-sponsored by the IMGL, whose efforts are headed by President Robert Stocker and past President Anthony Cabot. In 2009, the Drake Law Review, recognized for excellence, will publish papers from the symposium.

Iowa is enjoying an evolving economic foundation. "Gaming will help ensure economic development by helping to attract business. It injects dollars and diversity into the economy so that Iowa is not dependent on agriculture. By working with alumni and creating a good career development office, our law school graduates can become a part of that positive economy," says Miller.

University of Mississippi
University, Mississippi

Years before Mississippi legalized riverboat gaming, Ronald J. Rychlak, MDLA, professor of law and associate dean for academic affairs at the University of Mississippi (Ole Miss), began working in gaming law. He joined the faculty at Ole Miss in 1987, and wrote some law review articles on gaming law.

After the passage of riverboat gaming legislation in Mississippi, Rychlak spoke at one of the first Southern Gaming Summit conferences in the mid-1990s. During the conference, Jackson attorney Dan Hise approached Rychlak about team-teaching a course on gaming law.

"Unfortunately, there were no commercial texts, so for several years I used materials, including cases and law review articles, that I selected and had bound at a local printing place," Rychlak says.

The course proved to be very popular, and Rychlak currently teaches it as a seminar. The class reads from the text, and all students must make a presentation and write a paper by the end of the semester.

Rychlak praises his students’ commitment to the course. He states: "My students take their papers very seriously. I explain to them that the field is so new and exciting that there is a great demand for well-written papers. I am usually able to get a handful published out of each class."

In 2000, Rychlak was asked to participate in a textbook project, which was published by Lexis-Nexis. The book, called Gaming Law Cases and Materials, ensured better coverage in the class, and Rychlak regularly updates the information.

Industry growth along the Gulf Coast has spurred greater student interest. "The class is composed of upper-level law students. Many are excited to enter the gaming industry, be it in-house, of counsel, as a plaintiff’s attorney or as a government regulator. Our students recognize that gaming is an exciting field," Rychlak says.

The course has become so popular that there is sufficient demand to support it every year. However, due to scheduling and other coursework requirements, Old Miss is only able to offer the program every other year.

From the beginning, both the law school and the state have encouraged Rychlak’s course. "I never experienced any resistance from the faculty or administration here at the law school," he says. "The Bar has been especially accommodating. I usually take the class to a meeting of the Mississippi Gaming Commission, and the lawyers and officials could not be nicer."

Over the years, Rychlak has invited guest lecturers to the class. Some notable speakers include Bill Boyd, former Chief Martin of the Choctaw Tribe, and numerous Mississippi gaming lawyers and regulators, including the current and former executive directors.

Graduates may seek assistance from the placement office at the university, which offers general help in finding employment. However, most firms in Mississippi do some gaming law, so graduates may actually begin working on gaming legal work fairly quickly.

Rychlak reflects on the changes in Mississippi as they relate to gaming. He says: "I guess the most interesting thing is that Mississippi used to have a law barring state universities from training employees for casinos. The basis of the law was that Mom and Pop did not want Junior to take Blackjack Dealing 101 at Ole Miss. The administration was initially concerned as to whether this law would create any problems. They eventually spoke to the Attorney General’s office to ensure that my course, which focuses on teaching lawyers and not casino employees, was permitted."

The John Marshall Law School
Chicago, Illinois

The John Marshall Law School is an independent law school located in Chicago’s "Loop" district. Established in 1899, it was named for renowned 19th century U.S. Supreme Court justice John Marshall.

Adjunct Professor of Gaming Law Cory Aronovitz, a 1993 alumnus of The John Marshall Law School, has taught the Gaming Law class since 1999. Prior to graduation, Aronovitz became involved in gaming. He published a gaming-related article for the Software Law Journal, worked as a law clerk for the Illinois Gaming Board, and received an award from the University of Nevada for his contributions to scholarly writing in the area of gaming law.

After meeting with then Dean Robert Gilbert Johnston and then Associate Dean for Academic Affairs John E. Corkery (who is currently the dean) in 1998, Aronovitz submitted a course description and syllabus.

Aronovitz explains: "I had both as professors. They supported my pursuit of a career in gaming law. I had successfully practiced since graduation, working as legal counsel for the Illinois Gaming Board, and in private practice in Atlantic City and Chicago. I had published, and gaming was already expanding in Illinois. Since no other gaming law courses were offered in Chicago, the school anticipated its appeal to students."

Twenty students enrolled in the first class. "It was well received and is still a student favorite," Aronovitz says. "The innovative coursework received media coverage from the legal community, including an article published in Chicago Lawyer." The class is now included in the Intellectual Property (IP) track.

The class is offered as 10 three-hour sessions, one night per week. The 2008 class is scheduled from May to late July. Aronovitz finds teaching rewarding and challenging, requiring him to remain current on legal trends in the gaming industry.

Aronovitz prepares coursework materials, and begins with an analysis of criminal and regulatory Illinois gaming law. This includes statute and case law, regulations and administrative actions, federal criminal gaming laws, Internet issues, Native American gaming, advertising, tax, dram shop and IP. Class discussions examine current events while also explaining various casino games.

Over the years, several prominent speakers have addressed the class. These guest lecturers include IMGL co-founders Anthony Cabot and Frank Catania. The speakers group has also included in-house counsel from Illinois casinos, the administrator and chief legal counsel of the Illinois Gaming Board, authors, compulsive gamblers, and non-profit agency representatives.

The school and class hosted an Illinois Gaming Law Symposium, and The John Marshall Law Review dedicated a 2007 issue to gaming in conjunction with the IMGL meeting in Chicago. The class is most recognized for its field trip to an Illinois casino, where students met with compliance officers, legal counsel and gaming board agents. They also toured the back of the house.

Students fall into several categories: traditional second-year law students, joint J.D.-LL.M. students, those enrolled in the evening division, and attorneys returning to law school for the LL.M. degree.

"Most desire to learn something new and take advantage of a course not widely offered. Gaming employees have not audited the class. A few students have worked in gaming after taking the course, one as a law clerk for the Illinois Gaming Board and one in the state’s charitable gaming agency. Several students have had gaming-related articles published in law reviews and journals," says Aronovitz.

However, The John Marshall Law School graduates have confronted limited employment opportunities within the region. Aronovitz states: "Only a few students have worked in the field, although several with interest have tried to find gaming law employment. Positions often require experience as a general practicing attorney or regulator. Given the Illinois market’s size, there are few openings, and many students are unwilling to relocate to a larger gaming market."