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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 …
Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen
Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen
Fordham Law Review
Home and business owners increasingly rely on alarm systems to protect against theft and property damage. When a burglary or fire occurs and an alarm service customer discovers that the alarm company negligently failed to call the police or fire department, the customer understandably would expect redress for the company’s failure to provide its service. Many customers would be surprised, though, to discover that an alarm company’s liability is often contractually limited to a relatively token amount unrelated to the cost of the service, even when the alarm company is negligent. Some states view these limitations of liability as exculpatory …
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Fordham Law Review
We live in a world permeated with technology. Through our online accounts we write emails, we store pictures, videos, and documents, we pay bills and conduct financial transactions, we buy digital books and music, and we manage loyalty programs. Digital assets have quickly replaced physical letters, pictures, books, compact discs, and documents stored in filing cabinets and shoeboxes. The emergence of digital assets raises pressing questions regarding the treatment of digital assets at an account holder’s death. Unlike digital assets’ physical counterparts, an account holder does not control the ultimate fate of digital assets. Instead, digital assets are controlled by …
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
Fordham Urban Law Journal
This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …
The Uniform Commerical Code As Federal Law: United States V. Kimbell Foods, Inc., Louis S. Robin
The Uniform Commerical Code As Federal Law: United States V. Kimbell Foods, Inc., Louis S. Robin
Fordham Urban Law Journal
This Note examines the origins, history, and current standing of federal common law in light of the U.S. Supreme Court's decision Eerie Railroad v. Tompkins. Furthermore, the Note will look to see the impact of state law and the Uniform Commercial Code in the creation of federal common law. Finally, the Note will analyze how the U.S. Supreme Court's decision, U.S. v. Kimbell Foods, Inc., impacts the use of the U.C.C. as federal law.