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Predicting the future of prediction markets

3 February 2026

By I. Nelson Rose
Prediction markets are growing rapidly, especially as platforms begin offering contracts tied to sporting events. MarketWatch published a new article examining this expansion and the regulatory questions it raises, and I was pleased to contribute to the discussion.

The article focuses on a core issue:
Are these sports-related event contracts financial instruments or gambling?

In my comments, I explained that prediction markets often present their contracts as economic or financial products rather than wagers. This positioning places them under the oversight of federal regulators, primarily the Commodity Futures Trading Commission (CFTC), instead of state gambling regulators. The distinction matters because the regulation of gambling is typically handled by individual states, each with its own rules, requirements, and prohibitions.

If courts or regulators ultimately determine that certain prediction-market contracts fall under gambling laws rather than financial regulations, the legal landscape for these platforms could change significantly. These questions are now at the center of ongoing legal and administrative disputes, and the outcome will influence how prediction markets may operate in the future.

The MarketWatch piece provides a clear overview of the current landscape, the arguments being raised, and why these issues matter for both the gambling and financial sectors. I appreciate the opportunity to contribute my perspective based on decades of work in gambling law and regulation.
Predicting the future of prediction markets is republished from iGamingNews.com.
 

Gambling tax hike threatens professionals

7 July 2025
Professional and high-stakes poker players, sports bettors and handicappers are about to be taxed out of business. Either that or they will move their action overseas to foreign jurisdictions that don’t report gambling winnings to the IRS. As a lawyer, I must warn you that the Internal Revenue Code requires Americans to report their income from everywhere in the world. ... (read more)
 

Regulator drops appeal in prediction market case

13 May 2025
I must start by saying I like prediction markets. Allowing people to trade event contracts, that is, make bets on future real-world events, has led to extraordinarily accurate forecasts. Of course, it invites insider trading. But that is not always bad. In 2003 the Pentagon’s Defense Advanced Research ... (read more)
 

New Jersey to allow esport competitors to bet on themselves

21 February 2025
What could possibly go wrong? New Jersey Assembly Bill No. 2172 has passed out of committee and now will be voted on by the entire Assembly. A companion bill is being considered in the State Senate. If either bill passes both houses and is signed by Governor Phil Murphy, betting on esports will be greatly expanded. ... (read more)

Next 10 Articles >

  • Featured Articles

What should daily fantasy sports do now?

The two big daily fantasy sports (DFS) operators, FanDuel and DraftKings, and their backers are, in the immortal words of former President George H.W. Bush, in "deep-doodoo." But lawyers with legal shovels can probably dig them out.As recently as last year, the DFS industry's problems were relatively insignificant. ... (read more)
 

Gambling and the Law: Are daily fantasy sports legal?

Technology is speeding up changes in the world of gaming. It took almost two centuries for poker to evolve from Straight Poker – five paper cards dealt face down with no draw – to Internet Hold ‘Em linking players using computers in different states and even on different continents. Decades passed before ... (read more)
 

Gambling and the Law: Culture clash

It is not easy to do business in Asia. Or in the U.S.This is especially true of heavily regulated businesses, like legal gaming. And the problems are compounded when an individual who is a product of one culture wants to expand into a foreign market.Sometimes, the barriers are structural. How, for example, ... (read more)
 

Gambling and the Law: Be Afraid! Be Very Afraid!

Opponents of legal gambling are notorious within the industry for making up numbers. Robert Goodman, for example, is a discredited "anti" and the founder of the grandly named, though now defunct, "United States Gambling Research Institute." He is infamous for proclaiming, "The American Insurance ... (read more)
 

Gambling and the Law: 'Blackjack and the Law' wins case for casino

In one of the very first cases heard by the federal court in Las Vegas in 2011, Harrah’s (now renamed Caesars) once again won the right to kick out card-counters. Roger L. Hunt, Chief U.S. District Judge for Nevada, based his decision, in part, on a book I co-authored in 1998, BLACKJACK AND THE ... (read more)
I. Nelson Rose
Professor I. Nelson Rose is an internationally known scholar, public speaker and writer and is recognized as one of the world's leading authorities on gambling law. A 1979 graduate of Harvard Law School, he is a tenured full Professor at Whittier Law School in Costa Mesa, California, where he teaches one of the first law school classes on gaming law.

Professor Rose is the author of more than 300 books, articles, book chapters columns. He is best known for his internationally syndicated column, "Gambling and the Law ®," and his landmark 1986 book by the same name. His most recent book is a collection of columns and analysis, co-authored with Bob Loeb, on Blackjack and the Law.

A consultant to governments and industry, Professor Rose has testified as an expert witness in administrative, civil and criminal cases in the U.S., Australia and New Zealand, and has acted as a consultant to major law firms, international corporations, licensed casinos, players, Indian tribes, and local, state and national governments, including Arizona, California, Florida, Illinois, Michigan, New Jersey, Texas and the federal governments of Canada and the United States.

With the rising interest in gambling throughout the world, Professor Rose has spoken before such diverse groups as the F.B.I., National Conference of State Legislatures, Congress of State Lotteries of Europe, United States Conference of Mayors, and the National Academy of Sciences. He has presented scholarly papers on gambling in Nevada, New Jersey, Puerto Rico, England, Australia, Antigua, Portugal, Italy, Argentina and the Czech Republic.

He is the author of Internet Gaming Law (1st & 2nd editions), Blackjack and the Law and Gaming Law: Cases and Materials.

I. Nelson Rose Websites:

www.gamblingandthelaw.com

Books by I. Nelson Rose:

> More Books By I. Nelson Rose

I. Nelson Rose
Professor I. Nelson Rose is an internationally known scholar, public speaker and writer and is recognized as one of the world's leading authorities on gambling law. A 1979 graduate of Harvard Law School, he is a tenured full Professor at Whittier Law School in Costa Mesa, California, where he teaches one of the first law school classes on gaming law.

Professor Rose is the author of more than 300 books, articles, book chapters columns. He is best known for his internationally syndicated column, "Gambling and the Law ®," and his landmark 1986 book by the same name. His most recent book is a collection of columns and analysis, co-authored with Bob Loeb, on Blackjack and the Law.

A consultant to governments and industry, Professor Rose has testified as an expert witness in administrative, civil and criminal cases in the U.S., Australia and New Zealand, and has acted as a consultant to major law firms, international corporations, licensed casinos, players, Indian tribes, and local, state and national governments, including Arizona, California, Florida, Illinois, Michigan, New Jersey, Texas and the federal governments of Canada and the United States.

With the rising interest in gambling throughout the world, Professor Rose has spoken before such diverse groups as the F.B.I., National Conference of State Legislatures, Congress of State Lotteries of Europe, United States Conference of Mayors, and the National Academy of Sciences. He has presented scholarly papers on gambling in Nevada, New Jersey, Puerto Rico, England, Australia, Antigua, Portugal, Italy, Argentina and the Czech Republic.

He is the author of Internet Gaming Law (1st & 2nd editions), Blackjack and the Law and Gaming Law: Cases and Materials.

I. Nelson Rose Websites:

www.gamblingandthelaw.com

Books by I. Nelson Rose:

> More Books By I. Nelson Rose