Law Commons^™

Regulatory Sandboxes Enable Pragmatic Blockchain Regulation, Joshua Durham

Washington Journal of Law, Technology & Arts

Since blockchain technology supports digitally-native money, the centralized chokepoints that governments have traditionally targeted to regulate commerce no longer apply to our (digital) property. However, competent regulation furthers basic public policy goals and should enable responsible innovation of this promising technology. This Article discusses pragmatic policies that enable responsible innovation by cultivating regulatory expertise required to write enforceable rules. Responsible innovation is necessary because unlike the early internet, where programmers could manipulate simple colors and text on webpages, these same individuals can now create financial services applications that manipulate actual money—we are faced with an inescapable reality that more is …

Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón

University of Miami Inter-American Law Review

Technology is changing our everyday lives at a faster rate every minute from artificial intelligence and medical advances in robotics to the upcoming self-driving cars. Every sector of our lives is being impacted, disrupted, and constantly altered by innovations, including our finances. In the developed markets, fintech, or financial technology, is the new and exciting area of product innovation for financial services. The innovations rely on the internet, blockchain technology, and the new and highly controversial digital currencies. Consequently, new digital platforms and mobile applications create new possibilities while being accessible to more people at a lower cost across borders. …

Mobile Banking: The Answer For The Unbanked In America?, Catherine Martin Christopher

Catholic University Law Review

In the United States, the poor often lack access to mainstream banking services. Instead, they rely on expensive, poorly regulated alternatives like check cashers, payday lenders, pawnshops, and auto title lenders. These financial products jeopardize poor people’s financial and physical security. In pushing adoption of traditional banking products, both government officials and private enterprise have attempted to craft solutions to the banking access problem, but so far these attempts have fallen short. This Article asserts that mobile banking may be a transformative technology that can significantly increase financial inclusion in the United States.

The Article discusses current statistics and demographics …

It's Critical: Legal Participatory Action Research, Emily M.S. Houh, Kristin Kalsen

Michigan Journal of Race and Law

This Article introduces a method of research that we term “legal participatory action research” or “legal PAR” as a way for legal scholars and activists to put various strands of critical legal theory into practice. Specifically, through the lens of legal PAR, this Article contributes to a rapidly developing legal literature on the “fringe economy” that comprises “alternative lending services” and products, including but not limited to pawnshops, check cashers, payday lenders, direct deposit loans, (tax) refund anticipation loans, and car title loans. As importantly, this article also contributes to the related fields of critical race theory, feminist legal theory, …

Unclaimed Financial Assets And The Promotion Of Microfinance, Andrew W. Hartlage

Michigan Law Review First Impressions

State governments can effectively promote domestic entrepreneurship in low-income communities and simultaneously fulfill their duties as conservator s of unclaimed property, by lending unclai med financial assets-in-trust at preferential interest rates to in-state microfinance providers. This plan presents an alternative to charitable contributions, though it does not resolve the tension between for-profit and not-for-profit microfinance providers. Such a scheme could be a significant funding source for many microfinance operations in the United States today. Even a small portion of the yearly intake of unclaimed assets would be substantial enough to support fully most microfinance loan portfolios. Also, reinvestment of unclaimed …

In Search Of Justice: Increasing The Risk Of Business With State Sponsors Of Terror, Gabriel C. Lajeunesse

Michigan Law Review First Impressions

If the aims of tort law are deterrence, compensation, and provision of equitable distribution of risks, U.S. anti-terrorism laws have been margin-ally effective at best. Though Congress has passed legislation providing causes of action to U.S. victims of terrorism, compensation of victims is often difficult and terrorists are rarely deterred. Attempts to provide such recourse include the Antiterrorism Act of 1991 ("ATA"), the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and the Flatow Amendment to the Foreign Sovereign Immunities Act ("FSIA"). These attempts, however, are not enough.

Waging War With Wal-Mart: A Cry For Change Threatens The Future Of Industrial Loan Corporations, Zachariah J. Lloyd

Fordham Journal of Corporate & Financial Law

No abstract provided.

Introduction, Richard Marsico

NYLS Law Review

No abstract provided.

Strategic Planning For Financial Institutions In A New Legal And Economic Environment, Carl Felsenfeld, William T. Lifland, Ernest T. Patrikis, Frank Scifo, William J. Sweet Jr.

Fordham Journal of Corporate & Financial Law

No abstract provided.

Financial Modernization: What's In It For Communities?, Lawrence J. White

NYLS Journal of Human Rights

No abstract provided.

Sec Release 1092 On The Investment Advisers Act Of 1940: Applicability Of The Investment Advisers Act To Financial Planners And Other Persons Who Provide Financial Services

Washington and Lee Law Review

No abstract provided.