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The Unresolved Debate Over Skill, Luck, and State Sovereignty

In the United States, one common way gambling is defined is by using the dominance test. Simply put, it’s for the courts to decide whether an activity is predominantly a matter of chance.

It sure sounds academic, but it really is the determining factor between games of skill and games of chance. Many lawmakers have pondered this fact when deciding where poker fits into that puzzle.

The reason is that if players flip a card, it’s always random, but the betting decisions at the table aren’t. The legal system repeatedly finds itself embroiled in disputes over the precise demarcation of gambling activity boundaries.