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Full-Text Articles in Law

Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi Nov 2021

Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi

Research Collection Yong Pung How School Of Law

Miners, forgers, hobbyists, traders – different rules apply. Just don’t assume crypto investment is somehow immune to taxation.


Blockchain & Secured Transactions Proceedings Of The 2021 Spring Conference: The Impact Of Blockchain On The Practice Of Law: Presentation 4, Heather Hughes Jul 2021

Blockchain & Secured Transactions Proceedings Of The 2021 Spring Conference: The Impact Of Blockchain On The Practice Of Law: Presentation 4, Heather Hughes

Articles in Law Reviews & Other Academic Journals

Secured transactions are governed by Uniform Commercial Code Article 9. UCC Article 9 governs any extension of credit secured by personalty. If you think about it, this statute governs a massive swath of market activity: secured credit facilities, margin trading of securities, asset securitizations, and purchase money transactions for goods, I could name more. But it's a statute that's very wide ranging. Given this expansive scope, blockchain-based transaction platforms have numerous implications for lawyers who deal with secured transactions. In my brief time here, I'm going to identify just two of them.


The Unfair Treatment Of Cryptocurrencies By The U.S. Internal Revenue Service, Antonio Alverez Lorenzo Jun 2021

The Unfair Treatment Of Cryptocurrencies By The U.S. Internal Revenue Service, Antonio Alverez Lorenzo

Blockchain Law

This paper explores the challenges the cryptocurrency industry has been confronting in the United States due to the unfairness of the tax policies issued by the United States Internal Revenue Service. Cryptocurrency service providers, miners, investors and general consumers are being prevented from taking advantages of special tax treatments as compared to other similar properties, commodities and securities. Tax legislation has not kept pace with the development of emerging cryptocurrency technologies that enable otherwise traditional types of revenue to be generated.


How To Regulate Blockchain’S Real-Life Applications: Lessons From The California Blockchain Working Group, Michele Benedetto Neitz Jan 2021

How To Regulate Blockchain’S Real-Life Applications: Lessons From The California Blockchain Working Group, Michele Benedetto Neitz

Publications

How should legislators write a law regulating a brand-new technology that they may not yet fully understand? With the advent of blockchain and other advanced computational technologies, this generation of legislators faces more complex questions than their predecessors. Drawing on the author’s experience as a member of California’s Blockchain Work-ing Group, this Article offers guidance to lawmakers, lawyers, and industry leaders seek-ing to draft effective laws regulating real-life applications of blockchain technology. This cutting-edge Article will do two things for its readers: (1) encourage them to be informed participants in conversations relating to federal and state blockchain regulation, and (2) …


Congress, Don't Rush Regulating Crypto (Opinion), Angela Walch Jan 2021

Congress, Don't Rush Regulating Crypto (Opinion), Angela Walch

Faculty Articles

A sprawling infrastructure bill is the wrong venue for regulating an industry as complex and systemically important as crypto.


Should Central Banks Use Distributed Ledger Technology And Digital Currencies To Advance Financial Inclusion?, Michael S. Barr, Adrienne A. Harris, Lev Menand, Karin Thrasher Jan 2021

Should Central Banks Use Distributed Ledger Technology And Digital Currencies To Advance Financial Inclusion?, Michael S. Barr, Adrienne A. Harris, Lev Menand, Karin Thrasher

Other Publications

This paper examines how central banks might use distributed ledger technology (“DLT”) to improve access to safe and affordable financial products and services. We consider how central banks might use DLT to advance objectives such as Anti-Money Laundering (“AML”) compliance and discuss both central bank digital currencies (“CBDC”) and private digital currencies. We consider implementation challenges for these new approaches relating to interoperability, privacy, and efficiency. We conclude that financial inclusion is far from an assured outcome: central banks must work to ensure that any new technologies they adopt or foster do not exclude marginalized groups and instead focus with …