Breaks down the legal fight over whether sports event contracts are "swaps" under the Commodity Exchange Act, which would give the CFTC exclusive jurisdiction and preempt state gambling laws. Courts are split across 19 pending federal lawsuits, with the Third Circuit ruling in Kalshi's favor. The case hinges on how broadly to read two phrases in Dodd-Frank's swap definition and will likely reach the Supreme Court within two years.

Uses Kalshi's "mentions markets" (contracts that pay off if a specific word is said at a press conference) to illustrate a structural problem: prediction markets require crisp binary boundaries, but reality rarely provides them. Disputes over whether Cardi B "performed" at the Super Bowl, whether Zelenskiy "wore a suit," and what counts as a "word" show that platforms need linguists and philosophers as much as traders.

European regulators face a classification problem: prediction market contracts could be gambling, MiFID II derivatives, or something else entirely, and different Member States treat them differently. Proposes a structured 'Prediction Test' modeled on Malta's Financial Instrument Test for crypto-assets, which would systematically categorize contracts through exclusion to determine which regulatory regime applies.

Congressional Research Service legal sidebar analyzing whether and how insider trading law applies to prediction markets. Walks through SEC Rule 10b-5, CFTC Rule 180.1, the STOCK Act, and Title 18 criminal statutes, then examines the CFTC's February 2026 advisory on two Kalshi enforcement actions. Identifies the core gap: existing law requires breach of a duty, but many prediction market insiders (e.g., a political candidate betting on his own race) may not owe one. Surveys four pending bills in the 119th Congress that would close this gap in different ways.

Written by a former CFTC General Counsel, argues that courts in sports event contract litigation are overlooking the strongest basis for CFTC jurisdiction: the Commodity Exchange Act's 'commonly known to the trade' catchall, which classifies any transaction the derivatives industry calls a swap as one. Since every exchange, broker, and clearinghouse involved treats sports event contracts as swaps, the test resolves the federal preemption question cleanly while preserving state authority over off-exchange sports betting.

Quantifies when prediction markets become structurally cheaper than derivatives for pricing binary institutional risk. Analyzes 87 contracts across 11 categories and finds that high-VRP categories like Bitcoin (4.83%) and elections already cross the displacement threshold, while FOMC markets compressed from a 12 percentage point cost gap to under 2 points between 2024 and 2026. Frames the cost differential as "apparatus rent" paid for constructed dealer infrastructure that event contracts can bypass.

Critiques Kalshi's 2025 measles cases market as an example of prediction markets being applied to inappropriate domains. Argues that turning a public health crisis into a speculative instrument is ethically questionable and reflects poorly on the industry's judgment about which events deserve tradeable contracts.

Explains how prediction markets work and debunks the common misconception that market prices equal probabilities. Breaks down why risk-free rates, opportunity costs, and spreads create systematic price deviations from true beliefs.