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Introduction: The Rise Of Fintech, Andrew F. Tuch
Introduction: The Rise Of Fintech, Andrew F. Tuch
Scholarship@WashULaw
This foreword introduces "The Rise of Fintech," a series of essays published in a symposium issue of the Washington University Journal of Law & Policy. The contributions examine the structure of firms and markets, considering fintech activities occurring within existing firms and regulatory perimeters and activities that spill over the boundaries we currently take for granted. The contributors examine the emerging regulatory responses to fintech, taxonomizing them. They consider which regulatory approaches, or ecosystems, will best help fintech to develop. They examine how fintech applies to fundraising, examining initial coin offerings (ICOs) and equity crowdfunding, techniques that attract attention for …
Smart Contracts And The Illusion Of Automated Enforcement, Danielle D'Onfro
Smart Contracts And The Illusion Of Automated Enforcement, Danielle D'Onfro
Scholarship@WashULaw
This symposium essay explores the barriers to deploying smart contracts in the consumer finance space: the humans themselves, existing consumer protection laws, and the other businesses who have financial contracts with consumers but that cannot deploy smart contracts. These three barriers render perfectly automated enforcement all but impossible. Nevertheless, there may be room for modifiable smart contracts in the consumer financial space although these contracts may be only marginally more efficient than traditional contracts.