Andrew Kim

Steve.

We've seen all the fed courts greatest hits, such as ordinary preemption, complete preemption, Grable, abstention (several kinds!), ripeness, conflicting canons of statutory interpretation, and people improperly quoting "elephants in mouseholes," for some reason.

I've unfortunately spent most of my time on the Other Site, as all of the Degenerate Gamblers are over there. But I popped back on here to say #appellatebluesky, #appellatesky, or whatever we're calling it now should follow the developments on sports prediction markets.

These platforms maintain that they offer financial services that shouldn’t be considered wagers. But are they really so different? “Pragmatically, I think for the retail individual, they don’t see a difference,” says Kim. “I think retail individuals trading on these platforms are not thinking of it as not gambling. They’re just thinking of it as one more outlet for them to participate in the opportunity to put money on an event.” Recent research supports this, with a study from the American Gaming Association finding that most Americans view sports-related prediction markets as a form of gambling.10 But at the same time, Kim sees some legitimate arguments from these platforms that they are offering swaps and not wagers, at least when it comes to a strict reading of the law. Slide from a report by the American Gaming Association, titled “Nearly All Americans Recognize Sports Events Contracts as Gambling, Not a Financial Instrument”. Contents: “What are prediction markets most like? Thinking specifically about sports related prediction contracts now. Imagine a scenario where you pay 50 cents to buy a contract that the New York Yankees will win tonight’s game. If the Yankees win, you’ll be paid $1, if they lose you would lose your 50 cents and have nothing. Would you consider this specific type of sports prediction market to be:” Pie chart, showing 85% say “A form of 10% gambling, like sports betting”, 6% say “A financial instrument, like options or commodity futures”, 10% say “Not sure”. (via the American Gaming Association)

While the law is argued in court, the distinction may not ultimately matter much to its customers. “Pragmatically, I think for the retail individual, they don’t see a difference,” said @andrewkim.bsky.social, a lawyer specializing in gaming law.

I feel like CAFed is like the *least* partisan federal court of appeals...

Me, telling the story of D.C.: “So, there was an agency called DOGE, named after something called a memecoin. A gentleman by the name of Big Balls worked for DOGE….”

Rehearing en banc in 3... 2... 1...

Hey Siri, play "Upgrade U" by Beyonce

This is an incredibly niche thought, but do women just have Revolutionary War military costumes in their closet, or what? So many Hamilton videos have popped up out of nowhere.

Using the "decline and suggest new time" function on Outlook is an act of aggression

Chris, we need to talk about the absolutely criminal accommodation rates at the Fringe...

The beatings will continue until morale improves.

YouTube video by WIRED Law Professor Answers Supreme Court Questions | Tech Support | WIRED

me: mindlessly watching videos on YouTube

YouTube: www.youtube.com/watch?v=x_iM...

@stevevladeck.bsky.social

Between Les Liaisons Coldplayeuses and Donald Trump's signature being used for [censored], it's been a helluva 24 hours for this country.

So proud.

Some of us have dysfunctional ABCC11 genes, thank you very much

Could have sworn 2019 was last year

My colleague @andrewkim.bsky.social and I were proud to partner with Planned Parenthood in opposing certiorari in this case!

Is this the monkey's paw response to me saying earlier this year that the Court should take up more Rule 23 cases?

About that

Welp

Just got off a red-eye, which lasted longer than this ceasefire.

Weird flex, but ok

Shockingly, I have actually practiced before the CIT (once).

Did not see USCIT coming in off the top rope

Was the ship named Icarus

Kudos to the man playing Civ VI on this four-hour flight. Live your truth.

It's all fun and games until you're the only person up at 2am who knows how to run a Table of Authorities

First President-Pope Emeritus.

Well, he's also a Peruvian citizen, so I'm really asking about both.