Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bitcoin (2)
- 2022 UCC Amendments (1)
- Accountability (1)
- And developing a “public option” to compete with private domination. (1)
- And in some cases abandoning (1)
-
- Article 12 (1)
- Artificial intelligence (1)
- Artificial intelligence (AI) (1)
- CBDC (1)
- Central banks (1)
- Commercial law (1)
- Consumer protection (1)
- Content moderation (1)
- Contracts (1)
- Controllable electronic records (1)
- Corporate law (1)
- Credit cards (1)
- Cryptocurrencies (1)
- Cryptocurrency (1)
- Data privacy (1)
- Debit cards (1)
- Digital constitution (1)
- Digital protectionism (1)
- Digital regulation (1)
- Digital society (1)
- Digital wallets (1)
- Enhancing whistleblower protections (1)
- European Union (EU) (1)
- Financial regulation (1)
- Fintech (1)
Articles 1 - 4 of 4
Full-Text Articles in Science and Technology Law
A Public Technology Option, Hannah Bloch-Wehba
A Public Technology Option, Hannah Bloch-Wehba
Faculty Scholarship
Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.
Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
Faculty Scholarship
Bitcoin and the other cryptocurrencies spawned by the innovation of blockchain programming have exploded in prominence, both in gains of massive market value and in dramatic market losses, the latter most notably seen in connection with the failure of the FTX cryptocurrency exchange in November 2022. After years of investment and speculation, however, something crucial has faded: the original use case for Bitcoin as a system of payment. Can cryptocurrency-as-a-payment-system be saved, or are day traders and speculators the actual cryptocurrency future? This article suggests that cryptocurrency has been hobbled by a lack of foundational commercial and consumer-protection law that …
The Failure Of Market Efficiency, William Magnuson
The Failure Of Market Efficiency, William Magnuson
Faculty Scholarship
Recent years have witnessed the near total triumph of market efficiency as a regulatory goal. Policymakers regularly proclaim their devotion to ensuring efficient capital markets. Courts use market efficiency as a guiding light for crafting legal doctrine. And scholars have explored in great depth the mechanisms of market efficiency and the role of law in promoting it. There is strong evidence that, at least on some metrics, our capital markets are indeed more efficient than they have ever been. But the pursuit of efficiency has come at a cost. By focusing our attention narrowly on economic efficiency concerns—such as competition, …
Europe's Digital Constitution, Anu Bradford
Europe's Digital Constitution, Anu Bradford
Faculty Scholarship
This Article uncovers the fundamental values underlying the European Union’s expansive set of digital regulations, which in aggregate can be viewed as Europe’s “digital constitution.” This constitution engrains Europe’s human-centric, rights-preserving, democracy-enhancing, and redistributive vision for the digital economy into binding law. This vision stands in stark contrast to the United States, which has traditionally placed its faith in markets and tech companies’ self-regulation. As a result, American tech companies today are regulated primarily by Brussels and not by Washington. By highlighting the distinctiveness and the global reach of the European digital constitution, this Article challenges the common narrative that …