TECHNOLOGY, INNOVATION, AND GAMING LAW
LAW 790-1012
Syllabus, Policies, and Procedures
Professor Gemignani
Fall Semester and 2023
Time: 7:25 a.m. – 8:50 a.m.
Days of the Week: Mondays and Wednesdays
Classroom Location: BSL TBA
Phone: 702-809-3554
E-Mail: ggemignani@gmail.com
Office Hours: On request
Office Location: Location on request
Course Description
The gaming industry operates in a highly regulated environment that includes federal statutes, state statutes, and state regulations. Meanwhile, technology innovations are impacting all other industries that are not subject to similar regulatory restrictions.
Required and/or Recommended Books & Materials
Course materials will be distributed by e-mail and also made available through the class website, www.gamingtechnologylaw.com.
Asynchronous (online at times that work for you) will be available through YouTube. Links to YouTube videos will be listed on www.gamingtechnologylaw.com. Each pre-recorded video will have an accompanying quiz or assignment that must be turned in the week of the assignment to get credit toward your grade.
Other course materials include:
- The Nevada Gaming Control Act, Regulations of the Nevada Gaming Commission, and gaming license application forms and related documents. Class members may access these materials at the Nevada State Gaming Control Board website, http://gaming.nv.gov/.
Other course materials will be provided without charge and will be provided through e-mail or in class and may be in pdf, HTML, or MP3 format.
Learning Outcomes for the Course
This course will focus on how technological innovations and developments are impacting laws and regulations that are unique to regulated gaming.
Grading/Participation/Exams
Grades will be based 95%-100% on the exam and up to 5% on class exercises, class participation. This mix may be adjusted after the first class, based upon class preferences. Grading will adhere to the Boyd Law School Student Policy Handbook.
The final examination will be open-book and open-note. The exam will include multiple choice and written essay questions on any topic discussed in class or contained in materials provided by the instructors
William S. Boyd School of Law
The Remote Law Classroom & Zoom Etiquette
This course is intended for in-person learning. However, given the public health challenges of the last three years, experience has shown there is a chance the class will move to a remote course to promote efforts of public health officials to limit public health risks.
In the event of a public health issue, this class may move to a remote based course, meaning that there are no in-person meetings and all course meetings will occur virtually. This course, however, is not an online, self-paced, asynchronous course. Students are expected to keep pace with readings and assignments throughout the semester and to attend virtual classes.
You should have your camera on during live online sessions. I understand that attending class remotely from home presents challenges for students with family responsibilities. If you need to tend to a family-related issue, please remember to mute yourself, and feel free to temporarily turn off your camera until you are able to return your focus to class. You may petition for an exception to this camera requirement.
You should behave in class much as you would in court or in-person. In particular, students should:
- Treat each other with respect.
- Be on time. Students should not leave a class session early unless they are in desperate discomfort or must tend immediately to a crisis.
- Students should not read other material, check email, message/chat or surf the web while in a class session.
- Dress appropriately and consider your location and what is viewable in your camera.
Public Health
Students must adhere to all UNLV public health directives and follow guidance and directions communicated by the Boyd School of Law. Students who do not comply with these policies may be asked to leave the classroom. Refusal to follow the guidelines may result in further disciplinary action according to the UNLV Student Conduct Code, including being administratively withdrawn from the course. The health situation in Southern Nevada may change and new directives and guidelines issued.
Students must keep apprised of health directives issued by the University and pay attention to communications from the law school administration.
The law school strongly encourages all of its students to receive the Covid-19 vaccination, including booster shots.
This syllabus was drafted in the context of the health situation in Clark County in January 2023. Law school courses are subject to adjustment in line with the conditions affecting the community, University, law school, or this particular section or class. If that becomes the case, notice of and details any adjustments will be provided. In general, should public health circumstances change, corresponding changes to the syllabus may be necessary as well.
Attendance (Student Policy Handbook, 4.02a)
Regular and punctual class attendance is required. Individual faculty may establish more specific attendance policies. Because law school is a collaborative learning experience, attendance in class benefits all students. Further, course material is cumulative, meaning that each successive class builds upon material previously covered. Students who fail to attend class meetings will be at a disadvantage. Students are responsible for obtaining any and all information given, materials distributed, and assignments made, during missed classes.
Policy on Recording Classes (Student Policy Handbook, 6.02)
No student may audio-record or video-record any class, or arrange for it to be recorded, without the permission of the course instructor. Course instructors may allow or disallow recording on such occasions and on such terms as they deem advisable. The instructor may rescind permission anytime during the course. The recording policy is subject to exception necessary to provide students with accommodations under the Americans with Disabilities Act.
Coursework Policy (Student Policy Handbook, 2.02)
Pursuant to ABA standards, J.D. students are expected to spend 42.5 hours of combined in-class and out-of-class work over the semester for each academic course credit received.
Academic Success Program / CASE
The Boyd Academic Success Program assists students in removing barriers to academic success. This includes reviewing past exams, giving sample exams or hypotheticals, evaluating study habits, and assisting with time and stress management issues. The Academic Success Program also provides a series of pre-bar exam lectures to assist in preparing to take the bar, as well as opportunities for thoughtful feedback and individualized assistance in bar preparation through the bar prep period.
Law Library Resources
The Wiener-Rogers Law Library provides resources to support students’ access to information. Reference librarians are available for consultation in person or by phone or email. For library services and resources, see Library Resources.
Academic Misconduct
Acceptance to the William S. Boyd School of Law (the Law School) represents much more than admission to the study of an intellectual discipline. The privilege of admission comes with a unique set of responsibilities, not only to fellow students, but to the Law School, to the legal profession, and to the public. The legal profession demands the highest degree of trustworthiness, honesty and public integrity. As future members of that profession, students of the Law School are bound to observe principles that reflect the same high standards that govern the practice of law. This Student Honor Code (the Honor Code) sets forth conduct that is prohibited, and it establishes minimum standards for student professional responsibility. The standards of conduct in the Honor Code are in addition to the standards set forth in the UNLV Student Conduct Code and the Law School Student Policy Handbook. Violations of the Honor Code will be subject to the procedures and sanctions of the Honor Code.
Academic integrity is a legitimate concern for every member of the University community. We all share in upholding the fundamental values of honesty, trust, respect, fairness, responsibility, and professionalism. By choosing to join the UNLV community, students accept the expectations of the Student Academic Misconduct Policy, and are encouraged to always take the ethical path whenever faced with choices.
Students enrolling at UNLV assume the obligation to conduct themselves in a manner compatible with UNLV’s educational mission. An example of academic misconduct is plagiarism. Plagiarism is using the words or ideas of another person, from the Internet or any other source without proper citation of the source(s). See the Student Conduct Code, https://www.unlv.edu/studentconduct/student-conduct.
UNLV Policies and Disclosures
Public Health Directives
Face coverings are currently optional for all faculty and students in the classroom. Students must follow all active UNLV public health directives while enrolled in this class. UNLV public health directives are found at Health Requirements for Returning to Campus, https://www.unlv.edu/coronavirus/health-requirements. Students who do not comply with these directives may be asked to leave the classroom. Refusal to follow the guidelines may result in further disciplinary action according to the UNLV Student Conduct Code, https://www.unlv.edu/sites/default/files/page_files/27/StudentConduct-Code.pdf, including being administratively withdrawn from the course.
Academic Misconduct
Academic integrity is a legitimate concern for every member of the University community. We all share in upholding the fundamental values of honesty, trust, respect, fairness, responsibility, and professionalism. By choosing to join the UNLV community, students accept the expectations of the Student Academic Misconduct Policy, and are encouraged to always take the ethical path whenever faced with choices. Students enrolling at UNLV assume the obligation to conduct themselves in a manner compatible with UNLV’s educational mission. An example of academic misconduct is plagiarism. Plagiarism is using the words or ideas of another person, from the Internet or any other source without proper citation of the source(s). See the Student Conduct Code, https://www.unlv.edu/studentconduct/student-conduct.
Auditing a Course
Auditing a course allows a student to continue attending the lectures and/or laboratories and discussion sessions associated with the course, but the student will not earn a grade for any component of the course. Students who audit a course receive the same educational experience as students taking the course for a grade, but will be excused from exams, assessments, and other evaluative measures that serve the primary purpose of assigning a grade.
Classroom Conduct
Students have a responsibility to conduct themselves in class and in the libraries in ways that do not interfere with the rights of other students to learn, or of instructors to teach. Use of devices such as cellular phones and pagers, or other potentially disruptive activities are only permitted with the prior explicit consent of the instructor.
Students are specifically prohibited to record classes without instructor authorization, including online/remote classes (either audio only, or video and audio). The instructor may rescind permission at any time during the class. If a student does not comply with established requirements or obstructs the functioning of the class, the instructor may initiate an administrative withdrawal of the student from the course.
Since the COVID-19 pandemic forced some instruction to be delivered remotely starting in Spring 2020, numerous students have asked instructors to record their synchronous classes, so that they can access them at their convenience. Instructors who agree to record their classes (audio only, or video and audio) should inform students in advance. Recorded lectures may not be broadly released to anyone, but made available exclusively to those students enrolled in the class during the particular academic term. Recorded lectures must be stored securely, and are subject to the Nevada System of Higher Education’s Records Retention Policy, meaning that the recordings can only be deleted 120 days after the end of class (i.e., after grades are posted). Once this requirement is met, the recordings should be deleted. Class recordings are protected from disclosure, as they are deemed part of an educational record under the Family Educational Rights and Privacy Act (FERPA).
Copyright
The University requires all members of the University Community to familiarize themselves with and follow copyright and fair use requirements. You are individually and solely responsible for violations of copyright and fair use laws. The University will neither protect nor defend you, nor assume any responsibility for student or employee violations of fair use laws. Violations of copyright laws could subject you to federal and state civil penalties and criminal liability, as well as disciplinary action under University policies. Additional copyright policy information is available at https://www.unlv.edu/provost/copyright.
Disability Resource Center (DRC)
The UNLV Disability Resource Center (Campus Resource Center (CRC), across Harmon from the Lied Library, https://www.unlv.edu/drc, telephone 702-895-0866) provides resources for students with disabilities. Students who believe that they may need academic accommodations due to a permanent disability, temporary or permanent medical need, or academic support due to pregnancy are encouraged to contact the DRC as early as possible in the academic term. A Disabilities Specialist will discuss what options may be available to you. Students who are already registered with the DRC should request their accommodations online each semester, and make an appointment to discuss their accommodations with their instructors.
Final Examinations and Study Week
The University requires that final exams given at the end of a course occur on the date and at the time specified in the Final Exam schedule. The general schedule is typically available at the start of the semester, and the classroom locations are available approximately one month before the end of the semester. See the Final Exam Schedule, https://www.unlv.edu/registrar/calendars.
Identity Verification and Online Course Requirements
All UNLV students must use their Campus-issued ACE ID and password to log in to WebCampus-Canvas.
UNLV students enrolled in online or hybrid courses are expected to read and adhere to the Student Academic Misconduct Policy, https://www.unlv.edu/studentconduct/misconduct/policy, which states that “acting or attempting to act as a substitute for another, or using or attempting to use a substitute, in any academic evaluation or assignment” is a form of academic misconduct. Intentionally sharing ACE login credentials with another person may be considered an attempt to use a substitute, and could result in investigation and sanctions, as outlined in the Student Academic Misconduct Policy. UNLV students enrolled in online courses are also expected to read and adhere to the Acceptable Use of Computing and Information Technology Resources Policy, https://www.it.unlv.edu/policies/acceptable-use-computing-and- information-technology-resources-policy, which prohibits sharing university accounts with other persons without authorization. To the greatest extent possible, all graded assignments and assessments in UNLV online courses should be hosted in WebCampus-Canvas or another UNLV-managed platform that requires ACE login credentials for access.
Incomplete Grades
The grade of “I” (Incomplete) may be granted when a student has satisfactorily completed three-fourths of course work for that semester/session, but cannot complete the last part of the course for reason(s) beyond the student’s control and acceptable to the instructor, and the instructor believes that the student can finish the course without repeating it. For undergraduate courses, the incomplete work must be made up before the end of the following regular semester. Graduate students receiving “I” grades in 500-, 600-, or 700-level courses have up to one calendar year to complete the work, at the discretion of the instructor. If course requirements are not completed within the period indicated, a grade of “F” will be recorded, and the student’s GPA will be adjusted accordingly. Students who are fulfilling an Incomplete grade do not register for the course, but make individual arrangements with the instructor who assigned the “I” grade.
Library Resources
Librarians are available to consult with students on research needs, including developing research topics, finding information, and evaluating sources. To make an appointment with a subject expert for this class, please visit the Libraries’ Research Consultation website, https://guides.library.unlv.edu/appointments/librarian. You can also ask the library staff questions via chat and text message at https://ask.library.unlv.edu/.
Missed Classwork
Any student missing class, quizzes, examinations, or any other class or laboratory work because of observance of religious holidays will be given an opportunity during that semester to make up the missed work. The make-up opportunity will apply to the religious holiday absence only. It is the responsibility of the student to notify the instructor within the first 14 calendar days of the course for Fall and Spring courses (except for modular courses), or within the first 7 calendar days of the course for Summer and modular courses, of their intention to participate in religious holidays which do not fall on state holidays or periods of class recess. For additional information, please visit the Missed Classwork policy, under Registration Policies, on the Academic Policies webpage, https://catalog.unlv.edu/content.php?catoid=39&navoid=10666.
In accordance with the policy approved by the Faculty Senate regarding missed class time and assignments, students who represent UNLV in any official extracurricular activity will also have the opportunity to make up assignments, provided that the student submits official written notification to the instructor no less than one week prior to the missed class(es).
The spirit and intent of the policy for missed classwork is to offer fair and equitable assessment opportunities to all students, including those representing the University in extracurricular activities. Instructors should consider, for example, that in courses which offer a “Drop one” option for the lowest assignment, quiz, or exam, assigning the student a grade of zero for an excused absence for extracurricular activity is both contrary to the intent of the Faculty Senate’s policy, and an infringement on the student’s right to complete all work for the course.
This policy will not apply in the event that completing the assignment or administering the examination at an alternate time would impose an undue hardship on the instructor or the University that could be reasonably avoided. There should be a good faith effort by both the instructor and the student to agree to a reasonable resolution. When disagreements regarding this policy arise, decisions can be appealed to the Department Chair/School Director, College/School Dean, and/or the Faculty Senate Academic Standards Committee.
For purposes of definition, extracurricular activities may include, but are not limited to academic recruitment activities, competitive intercollegiate athletics, fine arts activities, liberal arts competitions, science and engineering competitions, and any other event or activity sanctioned by a College/School Dean, and/or by the Executive Vice President and Provost.
Rebelmail
Rebelmail is UNLV’s official email system for students and by University policy, instructors and staff should only send emails to students’ Rebelmail accounts. Rebelmail is one of the primary ways in which students receive official University communications, information about deadlines, major Campus events, and announcements. All UNLV students receive a Rebelmail account after they have been admitted to the University. Sending emails within WebCampus-Canvas is also acceptable.
Title IX
UNLV is committed to providing an environment free of all forms of unlawful discrimination including sexual and gender-based discrimination, harassment, and violence like sexual assault, intimate partner violence, and stalking. If you, or someone you know, has experienced or is experiencing these types of behaviors, know that you are not alone. Resources and support are available. To learn more or to report an incident, please visit the Office of Equal Employment and Title IX website at https://www.unlv.edu/compliance. Please be aware that as an instructor, I am not a confidential resource, and I will need to report incidents of sexual misconduct to UNLV’s Title IX Coordinator. You can also report concerns directly using the online reporting form, at https://cm.maxient.com/reportingform.php?UnivofNevadaLasVegas&layout_id=18, or via email at titleixcoordinator@unlv.edu or 702-895-4055. For confidential support in matters of sexual violence, relationship/family violence, or stalking, contact the Care Center at https://www.unlv.edu/carecenter or 702-895- 0602.
Tutoring and Coaching
The Academic Success Center (ASC), at the Claude I. Howard Building, provides tutoring, academic success coaching, and other academic assistance for all UNLV undergraduate students. For information regarding tutoring subjects, tutoring times, and other ASC programs and services, please visit the ASC website, http://www.unlv.edu/asc or call 702-895-3177. The ASC is located across from the Student Services Complex (SSC). Academic success coaching is located on the second floor of SSC A, Room 254. Drop-in tutoring is located on the second floor of the Lied Library, and on the second floor of the College of Engineering building (TBE A 207).
UNLV Writing Center
One-on-one or small group assistance with writing is available free of charge to UNLV students at the Writing Center, https://writingcenter.unlv.edu/, located in the Central Desert Complex, Building 3, Room 301 (CDC 3–301). Walk-in consultations are sometimes available, but students with appointments receive priority assistance. Students may make appointments in person or by calling the Center, telephone 702-895-3908. Students are requested to bring to their appointments their Rebel ID Card, a copy of the instructions for their assignment, and two copies of any writing they have completed on their assignment.
988 FREE 24/7 SUICIDE & CRISIS LIFELINE
In addition to campus resources such as the Counseling and Psychological Services (CAPS) website at https://www.unlv.edu/caps, visiting the YOU@UNLV website at https://you.unlv.edu/, and Early Alert (for graduate students, at https://www.unlv.edu/graduatecollege/academy/early-alert), you may now call or text 988 or chat at 988lifeline.org if you or someone you know is in crisis and in need of support.
Diversity Statement
As an institution of higher learning, UNLV represents a rich diversity of human beings among its faculty, staff, and students, and is committed to cultivating a campus environment that values diversity, practices inclusion, and actively promotes equitable experiences and outcomes. Accordingly, the University supports understanding and appreciation of all members of its community, regardless of race, sex, age, color, national origin, ethnicity, creed, religion, disability, sexual orientation, gender, gender identity, marital status, pregnancy, genetic information, veteran status, or political affiliation. Please see University Statements and Compliance, https://www.unlv.edu/about/statements-compliance.
A successful learning experience requires mutual respect and trust between the students and the instructor. Accordingly, the instructor asks that students be willing to listen to one another’s points of view, acknowledging that there may be disagreements, keep discussion and comments on topic, and use first person, positive language when expressing their perspectives.
UNLV Land Acknowledgement
UNLV is situated on the traditional homelands of Indigenous groups, including the Nuwu or Nuwuvi, Southern Paiute People, descendants of the Tudinu, or Desert People. We honor and offer gratitude for those who have stewarded the land; for the land itself; and for the opportunity to cultivate a thriving, diverse, inclusive, and just scholarly community here today that works for a better tomorrow for all.
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ASSIGNMENTS: EX: in-class & out-of-class assignments and due dates, if known.
| 26-Aug-24 | Introduction – Class Policies and Expectations & Expectations Round Table |
| 28-Aug-24 | Elements of Gaming |
| 2-Sep-24 | NO CLASS – LABOR DAY |
| 4-Sep-24 | Basic Gaming Concepts |
| 9-Sep-24 | Basic Gaming Law Concepts – Federal and State Concurrent Jurisdiction – Foundations of Gaming Regulation In the U.S. |
| 11-Sep-24 | Computing Technology & Internet Basics – Part 1 |
| 16-Sep-24 | Internet Basics – Part 2 |
| 18-Sep-24 | Internet and Computer Technology Wrap Up |
| 23-Sep-24 | IP Law Overview – & Patents |
| 25-Sep-24 | Trademarks & Copyright |
| 30-Sep-24 | Rights of Publicity & Non-Disclosure |
| 2-Oct-24 | Federal Law – The Federal Wire Act Part 1 |
| 7-Oct-24 | Federal Law – The Federal Wire Act Part 2 |
| 9-Oct-24 | Federal Law – The Illegal Gambling Business Act |
| 14-Oct-24 | Federal Law – The Unlawful Internet Gambling Enforcement Act, Travel Act and Wagering Paraphernalia Act |
| 16-Oct-24 | Online Gaming – Issues |
| 21-Oct-24 | Social Gaming – Issues |
| 23-Oct-24 | Nevada Technology Approvals |
| 28-Oct-24 | Sports Wagering |
| 30-Oct-24 | AI |
| 4-Nov-24 | FANTASY SPORTS (VIDEO) |
| 6-Nov-24 | LOBBYING AND STATUTORY SOLUTIONS (GUEST SPEAKER) |
| 11-Nov-24 | VETERANS DAY |
| 13-Nov-24 | Encryption |
| 18-Nov-24 | Block Chain & Peer-to-peer Wagering |
| 20-Nov-24 | Cyber Security |
| 25-Nov-24 | Esports |
| 26-Nov-24 | REVIEW |
*Please note that the above schedule and topics are subject to change to accommodate guest lecturers and events occurring during the semester
Final Exam Date: TBD