Bet the Process - Sports Law with Gabe Feldman

Podcast Release Date: 2025-11-25
Podcast Link: https://open.spotify.com/episode/6wNDsk1ufbOaB7WRHmM12h
hagrinBPR Review Date: 2025-11-29
Rating:

Notes:
Bias - Not a subject area I know a lot about or really care a lot about so no grade for this one since I would have no real way of evaluating.

Rufus Picks -
Penn State
Virginia Tech
Louisiana Monroe

6:30 - Gabe Feldman section starts. Professor, Director of Tulane Sports Law. Hottest area of sports law have been in the college arena.

Bunch of NIL talk, “circumventing the cap” talk, 22% rule, etc. Enforcement - “what determines a valid deal?”. Must have a valid business with a valid product available to the public. Mentions there is a black box algorithm that determines how this all gets determined

Mentions that the NCAA has been losing a bunch of these cases which is why they are angling for an antitrust exception, but Gabe doesn’t believe it will get bipartisan support. Mentions a recent settlement wasn’t agreed to by all plaintiffs which is why the NCAA is trying to get this exception otherwise they will get continually sued.

23:00 - Prediction Markets: The big issue here is that they are trying to stay regulated only by the CFTC and stay out of that sports betting regulation framework. 29:00 - if this does get to the Supreme Court this could get settled in around 2ish years. 31:00 - mentions that DraftKings only doing PMs in states without their sportsbook operation in order to “hedge their bets” and protect their licensing.

33:30 - Gambling Controversies - bunch of the same stuff as usual. 40:00 - Rufus falls into the trap that I hear a lot about temptation and salary and then Gabe correctly brings up the guys who make a lot of money because I think people forget about the expenditure side of the equation far too easily. For a lot of these guys, it goes out even faster than it comes in.

47:15 - Threats to Sports Betting: Gabe thinks more “friction” is coming vs rolling the full thing back.

49:45 - Rufus brings up this idea that sportsbooks should get out of the Responsible Gambling area entirely and ship it to some other 3rd party entity. Interesting idea. Gabe mentions you might need a federal framework.

57:30 - Sweepstakes Model: “Does seem like it’s a dying breed.” Makes a prediction that in 5 years we will see more of a federal structure than we do today.