Abstract
This Article challenges traditional financial regulation by exploring how prediction markets- initially developed as sophisticated tools for collective forecasting- increasingly resemble gambling venues. These platforms, once designed to harness crowd wisdom, have transformed into high-stakes ecosystem where engagement-driven features blur the boundary between forecasting and betting. This evolution presents a dual challenge: on one hand, certain platforms, including regulated ones, offer innovative avenues for price discovery and risk hedging; on the other, their gamblified design exposes users to significant behavioral and financial risks. Through comprehensive empirical analysis of gamblification and self-determination manipulation across five prediction market interfaces, the Article demonstrates how these platforms embed betting and gaming mechanics into event contracts, exposing users to gambling-like volatility and manipulation. Drawing on public health, economic, behavioral psychology, addiction scholarship and through the lens of Self-Determination Theory, the analysis reveals how these platforms employ betting terminology and operations while generally denying gambling classification directly contradicting their own claims and replicating the very traits they purport to disavow. Commercial gambling is often portrayed as harmless leisure or a concern for a small subset of pathological gamblers; however, the price and pain it inflicts are at an all-time peak. In the U.S., gambling has long been regulated-initially to curb fraud and organized crime, and later to mitigate the escalating public health risks of high-speed betting that may cause devastating financial, psychological, and social consequences, particularly among vulnerable users. Recent financial deregulation trends, including policy shifts toward crypto markets, further complicate this landscape by weakening consumer and investor protections. This Article examines how prediction markets repackage traditional betting as financial activity. While they offer informational and liquidity benefits, prediction markets also pose risks of systemic instability and predatory financial exploitation. Amid high-profile legal disputes between prediction market platforms and federal or state regulators-and evolving regulatory interpretations in the post-Chevron administrative law-we argue that policymakers must craft a framework that safeguards prediction markets' legitimate functions while protecting consumers from excessive gamblification. By examining the diverse operational models, regulatory challenges, and technological innovations shaping the prediction market industry, this Article provides a comprehensive analysis of their legal and policy implications. Ultimately, the Article calls for robust, consumer-centric regulatory reforms that incorporate interdisciplinary insights from law, behavioral science, technology, and public health to address both the economic merits and the inherent behavioral hazards of modern prediction markets while examining their placement on the spectrum of luck vs. skill and gambling vs. forecasting. 
| Original language | English |
|---|---|
| Pages (from-to) | 90-169 |
| Journal | Fordham Intellectual Property, Media & Entertainment Law Journal |
| Volume | 36 |
| Issue number | 1 |
| State | Published - Jun 2025 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 10 Reduced Inequalities
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