Deanna Newton (Pepperdine), Tenure Mismatch Theory: Rethinking Federal Housing Subsidies Through Property Law, 80 Tax L. Rev. ___ (2026):

Researchers estimate that the United States has “3.8 million fewer homes” than are needed; yet, existing housing subsidies often fail to produce long-term affordable housing. This Article makes two novel contributions to the literature by positioning the problem at the intersection of property law and tax law. It argues that the failure of federal housing subsidies is not merely a problem of inadequate funding, poor targeting, or lax oversight, but a legal design problem rooted in the interaction of property law and tax law.

Mirit Eyal (Alabama) & Jay A. Soled (Rutgers), Smart Bets, Unequal Odds: A Case Study of Tax Bias in AI Gambling:

In the age of mobile wagering apps and algorithmic predictions, gambling has become ubiquitous, frictionless, and increasingly driven by artificial intelligence. This shift has been further accelerated by the emergence of AI-governed event-contract platforms that blur the line between gambling, prediction markets, and financial derivatives. Yet, while most participants lose money or break even, the federal tax system frequently taxes them as if they have realized economic gain.

How so? High-income and sophisticated taxpayers are more likely to itemize deductions and offset gambling winnings with losses, while low- and middle-income taxpayers typically claim the standard deduction and receive no such offset. As a result, two taxpayers engaging in identical wagering or event contract activity can face radically different tax liabilities, including taxation on phantom income and the loss of other tax benefits. These disparities are exacerbated in AI-driven markets, where rapid, high-frequency transactions generate taxable “wins” divorced from economic reality.

This Article exposes how the rise of AI-powered gambling and event-contract platforms has amplified a structural inequity embedded in the Internal Revenue Code.