On-Demand Video
CC

Gambling and Public Health – What Lawyers and Judges Need to Know


  • City:
  • Start Date:2023-05-08 20:00:00
  • End Date:2025-05-08 20:00:00
  • Length:
  • Level:Intermediate
  • Topics:Ethics

$249.00 ["ProPass"]

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Overview

In 2013, the American Psychiatric Association classified gambling disorder as an addiction on the same level as heroin, opioids, tobacco, alcohol, and cocaine. Recently, the World Health Organization recognized that gambling disorder and gambling-related harm constitute a significant global public health challenge.

In 2018, the United States Supreme Court decision in Murphy v NCAA, 584 U.S. ­­­­(2018) struck down the Professional and Amateur Sports Protection Act (“PASPA”) clearing the way for states to legalize online and casino sports gambling. This has resulted in an unprecedented situation where government is a full business partner with private industry promoting a known addictive product.

The results are astounding. In 2022, people in America lost more than $60 billion dollars to the gambling industry. In March 2023, in Pennsylvania alone, people lost more than half a billion dollars in a single month.. Sports, entertainment, and media are consumed with gambling advertising, and this raises concerns about public health policy and the First Amendment. From Washington DC to State capitals across the country, elected officials and lawyers are just beginning to comprehend the legal and public health impact connected to the unprecedented expansion of the gambling industry.

This seminar will closely examine the need to bring public health regulation, reform, and litigation to the gambling industry and its establishment partners. A panel of experts will discuss the unprecedented expansion of the gambling industry, the potential ethical failures of the “responsible gaming” model, parallels with tobacco litigation and reform, the momentum to regulate gambling advertising and promotion, and the public health risks associated with gambling disorder and gambling related harm.

All attendees will receive the course materials as a digital book.

Recorded in May 2023.

Faculty

John Keenan

John graduated with honors from Harvard in 1986, with a government concentration, and in 1989 graduated from Suffolk University Law School. He graduated from the Harvard Kennedy School with a Master’s Degree in Public Administration. John worked first as a litigator, then as a public defender, followed by work combating insurance fraud. He is admitted to practice in all Massachusetts State Courts, the Federal District Court for the District of Massachusetts, the Federal First Circuit Court of Appeals, and the United States Supreme Court. John served as Executive Secretary/Chief of Staff to former Quincy Mayor Jim Sheets. Shortly after, he served as Executive Director of the Norfolk County Retirement System. John was appointed to the Quincy City Council in 2003, and was elected Councilor at Large the following year. In 2010, he was elected to the Massachusetts State Senate, where he proudly serves his hometown of Quincy, as well as Abington, Braintree, Hanover, Holbrook, and Rockland. In the Senate, John has advocated for his district and has spearheaded legislative responses to public health issues, such as tobacco reform, substance use prevention, treatment and recovery, and mental health treatment access. John resides in Quincy with his wife, Jeanne Hopkins. They have three sons.

Richard Daynard JD, PhD

Professor Daynard is at the forefront of an international movement to establish the legal responsibility of the tobacco industry for tobacco-induced death, disease and disability. He is president of the law school’s Public Health Advocacy Institute, chairs its Tobacco Products Liability Project and helped initiate its new Center for Public Health Litigation. Recently, he has worked with PHAI on issues involving obesity, gambling, opioids, gun control and e-cigarettes. Professor Daynard has written or co-authored more than 90 articles. He teaches in the areas of public health law, strategic litigation and interdisciplinary studies, and has lectured about legal issues in the control of tobacco and obesity in 54 countries as well as chaired 25 national and international conferences on these subjects. Professor Daynard is frequently honored, most recently with Northeastern University’s Pioneer Award. In 2019, he received the Robert Morris, Sr. Award for Courage in Litigation from the Massachusetts chapter of the American Board of Trial Advocates (ABOTA). Professor Daynard has been the principal investigator in grants and contracts from the National Cancer Institute, the Massachusetts Department of Public Health, the American Legacy Foundation and the Robert Wood Johnson Foundation. Professor Daynard’s academic interests currently center of the intersections among law, public policy and the behavioral sciences, and he teaches courses in the field both to law students and to undergraduate honors students.

Mark Gottlieb

Mark Gottlieb is a public health and research attorney who has worked in the field of commercial tobacco control for nearly 30 years. He joined the staff of Northeastern Law’s Public Health Advocacy Institute (PHAI) in 1993 where he has been the executive director since 2004. PHAI was founded more than 40 years ago by University Distinguished Professor Richard A. Daynard, JD, Ph.D., who serves as its president. Professor Gottlieb’s primary professional focus has been on legal and regulatory interventions to reduce the morbidity and mortality associated with tobacco industry products. He has been working with the American Academy of Pediatrics on commercial tobacco issues since 2006 and serves on the editorial board of the international pediatrics journal, Children. His research and advocacy interests also include gun violence prevention, predatory gambling and food policy. Professor Gottlieb strongly believes that Public Health Advocacy must promote social justice and address health inequities. A bibliography of his scholarly work is available here. Professor Gottlieb’s litigation work includes tobacco personal injury cases, e-cigarette consumer protection actions, and the defense of health regulations through PHAI’s Center for Public Health Litigation. Mark Gottlieb also serves as the president of the board of directors for the Institute for Health and Recovery. He has directed the Public Health Advocacy Clinic to train and engage Northeastern University law students in public health advocacy since 2014.

Michael Fagan

Michael Fagan served as an Assistant U.S. Attorney (AUSA) for the Eastern District of Missouri for twenty-five years, until February 2008, and now consults on domestic and transnational criminal law and procedure, anti-money laundering, counterterrorism, intelligence, and emergency planning issues. Selected as Coordinator of the Anti-Terrorism Advisory Council in 2001, Mike governed regional counterterror efforts in that role for over six years and continues today as General Counsel to the St. Louis Fusion Center and as a Special Advisor to the Missouri Office of Homeland Security. The U.S. Department of Justice conferred on Mike the National Exceptional Service Award and the EOUSA Director’s Award. In addition to decades of gaining convictions in highly-sensitive and complex cases, Mike was the architect of proceedings resulting in approximately $150 million in forfeiture and tax judgments in favor of the United States. During his twenty-five year tenure as an AUSA, Mike served as a Special Attorney to the United States Attorney General from 1995 to 1997 and, within the past three years, served as a Special AUSA to address complex international money laundering and drug trafficking challenges. During the 1980s, he also served for three years as the Regional Coordinator for the Organized Crime Drug Enforcement Task Force. Mike taught at the National Advocacy College, as well as lectured at international, law school, corporate, law enforcement, and college training sessions. Presently, as an adjunct professor at Washington University School of Law, he teaches advanced law students courses addressing International Money Laundering, Corruption, and Terrorism and provides Constitutional Law and Criminal Procedure instruction to police agencies. Prior to joining the Department of Justice in 1983, he spent a year as a litigator at Bryan, Cave, McPheeters, and McRoberts (now Bryan Cave Leighton Paisner LLC), in St. Louis. Mike began his law career as an Assistant Circuit Attorney for the City of St. Louis, after graduating from Washington University School of Law in 1977. He played D-1 college football at Southern Illinois University at Carbondale, from which he graduated with honors in 1974.

Cheryl Moss (Ret.)

Retired Judge Cheryl Moss served on the bench for 20 years. In 2001, Judge Moss was the first judge to implement problem gambling assessments in domestic relations cases. In November 2018, Judge Moss became the first judge to preside over Nevada’s first Gambling Treatment Diversion Court (GTDC). In addition to her judicial duties, Judge Moss volunteered her time to serve as a member of the Subcommittee on Legal Issues, created by the Governor’s Advisory Committee on Problem Gambling. Judge Moss graduated Magna Cum Laude from the George Washington University, Washington DC, then attended the Columbus School of Law, Catholic University of America, Washington, DC, where she graduated in the top 25% of her class. Judge Moss joined the Nevada Bar in 1997, the District of Columbia Bar in 1995, and the Maryland Bar in 1994. Before taking the bench, she was in solo practice. Judge Moss is a member of the Nevada District Judges Association, the International Masters of Gaming Law, the State Bar of Nevada Gaming Law Section, the Clark County Bar Association, and previously served on the Board of Trustees of the Clark County Law Library. Judge Moss is the daughter of the late Dr. Rena M. Nora, Chief of Psychiatry, Las Vegas VAMC, and pioneer in treating problem gamblers. 

Liz Ritchie

Liz is a retired psychotherapist who worked in the NHS for many years. She co-founded Gambling with Lives with her husband Charles after their son Jack took his life in 2017. She is a member of the NICE committee on Gambling: Diagnosis, Identification and Management.

Paul Tonko

Congressman Paul Tonko represents New York’s 20th Congressional District, including the communities of Albany, Schenectady, Troy, and Saratoga Springs. He represents all of Albany and Schenectady Counties and parts of Rensselaer and Saratoga Counties. He is serving his eighth term, after first being sworn into Congress in 2009. Paul serves on the Energy and Commerce Committee, the oldest standing committee in the House, created in December of 1795. Tonko is the Ranking Member of the Energy and Commerce Subcommittee on Environment, Manufacturing, & Critical Materials. In addition to serving on the Energy and Commerce Subcommittee on Energy, Climate, and Grid Security, and Subcommittee on Oversight & Investigations, he is also a member of the Committee on Science, Space, and Technology. He has previously served on the Natural Resources Committee, the Education and Labor Committee, and the Budget Committee.

Harry Levant MA PCC, ICGC-1, JD

Harry Levant is an Internationally Certified Gambling Counselor and mental health therapist in private practice and directs the gambling treatment program with Ethos Treatment, LLC in Broomall and Jenkintown, PA. Harry is also proud to serve as an adviser to the Public Health Advocacy Institute at Northeastern University. He is also a doctoral student at Northeastern and his research, dissertation, and thesis are focused on developing a public health approach to prevent harm related to gambling and gambling disorder. Harry holds a Master’s in Professional Clinical Counseling from La Salle University and a Juris Doctorate from Temple University School of Law. Has been recognized as an Internationally Certified Gambling Counselor (ICGC-I). He is a member of numerous professional organizations including the American Counseling Association, the Pennsylvania Counseling Association, Chi Sigma Iota National Honor Society for Counselors, Stop Predatory Gambling, and Lawyers Concerned for Lawyers of Pennsylvania. Harry is also a public health advocate and appears on television and radio addressing the prevention and treatment of gambling disorder. He is the author of the law review commentary “Upon Further Review, the NFL Gambling Strategy is a Risk to Public Health” and co-author with Professor Richard Daynard and Professor Mark Gottlieb of the Boston Globe article, “Massachusetts Makes a Losing Bet on Gambling”. Harry is also a gambling addict in recovery. He made his last bet on April 27, 2014. On that day, gambling addiction brought him within seconds of taking his life. “Gambling is a known addictive product and gambling disorder is an addiction just like alcohol, drugs, and tobacco”. One out of every two people struggling with gambling disorder will experience suicidal ideation and one in five will attempt suicide. Gambling disorder typically presents with other co-occurring mental health and substance disorder problems and can cause devastating harm to people and families. The good news is that help is available and with appropriate treatment recovery is possible. “It is a privilege to work at Ethos where we treat and support people and families struggling to overcome gambling addiction. I am grateful to the Pennsylvania Bar Institute for the opportunity to serve on this distinguished panel and present important public health information to the Pennsylvania legal community”.

Brian Quinn Esq.

Mr. Quinn is a licensed attorney in Pennsylvania who currently serves as the Education and Outreach Coordinator for Lawyers Concerned for Lawyers of Pennsylvania, Inc., a Lawyers Assistance Program established in 1988 for the purpose of helping lawyers, judges and law students recover from alcoholism, drug addiction and mental health disorders. Mr. Quinn obtained his undergraduate degree in 1970, his law degree in 1973 and a certificate in Drug and Alcohol counselling in 2012, from Villanova University. Prior to his work with Lawyers Concerned for Lawyers, he was a private practitioner for over 40 years and has also worked in the field of Alcohol and Drug Counseling in suburban Philadelphia. Mr. Quinn is a past member of the Board of Directors of Lawyers Concerned for Lawyers of Pennsylvania and served as a peer volunteer for over six years prior to accepting his current role as the organization’s Educator in 2017. He has written and presented on lawyer wellness topics to law firms, Bar Associations and legal education providers for state, national and international groups as well.

Paula Borradaile Esq.

Ms. Borradaile is a hearing officer in Chester County where she primarily hears equitable distribution cases. Prior to becoming a hearing officer, she worked as family law attorney in the five county Philadelphia area four fourteen years. Ms. Borradaile also clerked for the Superior Court of New Jersey Family Division in Cumberland County, New Jersey. Ms. Borradaile is a member, and past president, of the Doris Jonas Freed American Inn of Court, a professional organization dedicated to promoting legal excellence, civility and professionalism. She is also a member of the family law sections of the Pennsylvania, and Chester County Bar Associations. Ms. Borradaile received her B.S.B.A from the University of Richmond and her J.D. from Villanova University School of Law.


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