Last month Ken Paxton, Texas Attorney General, declared daily fantasy sports a form of illegal gambling in Texas. With this announcement Paxton joins the increasing number of attorney generals (NY, IL, VT) across the nation that have declared war against popular fantasy sports sites like FanDuel and DraftKings. Paxton claims the daily fantasy leagues are distinct from traditional fantasy leagues where “there is no house that takes a cut.” Further, Paxtonargues, “Texas law only requires partial chance for something to be gambling; it does not require that chance predominate.” Daily fantasy leagues have countered Paxton’s announcement claiming that fantasy leagues are games of skill, which are authorized in Texas.
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Chandler Howell is an Entertainment and Sports Highlight Contributor for the Harvard Journal of Sports and Entertainment Law and a current first year student at Harvard Law School (Class of 2018).