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Full-Text Articles in Law
Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari
Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari
Fordham Journal of Corporate & Financial Law
Blockchain technology is increasingly permeating the everyday lives of countless people. Applications of the cutting-edge technology range from secured banking to tracking mortgage titles. A particular blockchain technology, dubbed “smart contracts,” has the potential to revolutionize how individuals and companies securely contract with each other. Smart contracts, however, are not widely employed, mainly because potential users are uncertain of their enforceability as contracts under existing state contract laws. Similar skepticism slowed the acceptance of electronic signatures in the late 1990s, but was resolved ultimately through a model uniform act recognizing electronic signatures’ effectiveness across interstate borders. This Note proposes a …
Risk-Averse Contract Interpretation, Aditi Bagchi
Risk-Averse Contract Interpretation, Aditi Bagchi
Faculty Scholarship
No abstract provided.
Voluntary Obligation And Contract, Aditi Bagchi
Voluntary Obligation And Contract, Aditi Bagchi
Faculty Scholarship
Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not reflect our individual moral constitutions — our values, virtues, vices, the set of reasons we reject and the set …