Securitizing Digital Debts,
2020
Texas A&M University School of Law
Securitizing Digital Debts, Christopher K. Odinet
Faculty Scholarship
The promise of financial technology (“fintech”) and artificial intelligence (“AI”) in broadening access to financial products and services continues to capture the imagination of policymakers, Wall Street, and the public. This has been particularly true in the realm of fintech credit where platform companies increasingly provide online loans to consumers, students, and small businesses by harnessing AI underwriting and alternative data. In 2019 alone fintech lenders represented nearly 50% of total non-credit card, unsecured consumer loan balances in the United States. One of the most prevalent ways fintech credit firms operate is by securitizing the online loans they help originate. …
Are Centralized Cryptocurrency Regulations The Answer? Three Countries; Three Different Directions,
2020
Brooklyn Law School
Are Centralized Cryptocurrency Regulations The Answer? Three Countries; Three Different Directions, Rani Shulman
Brooklyn Journal of International Law
Virtual currencies have undoubtably been a topic of conversation and uncertainty for some time. Many countries have jumped ahead of the industry and regulated cryptocurrencies, while others have taken a back seat to see exactly how the market responds. This Note explores the history behind cryptocurrency and Blockchain and how governments worldwide have dealt with the growing concern regarding regulation of the often volatile and decentralized industry. By way of comparative analysis, this Note examines how China, Switzerland, and the United States have taken measures to either embrace or repudiate the industry, as well as how they have succeeded and …
Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia,
2020
Brooklyn Law School
Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia, Michael Cooper
Brooklyn Journal of International Law
In 1976, Congress set out to remedy the haphazard and politically influenced system by which foreign states were granted sovereign immunity from United States’ courts. Its remedy was the Foreign Sovereign Immunities Act (FSIA), which explicitly put the power to determine whether a foreign state should be granted immunity from a court’s jurisdiction in the hands of the judiciary. Moreover, with some minor exceptions, the FSIA did not explicitly contemplate any involvement from the executive branch in reaching those determinations. However, given that concerns involving foreign relations inherently arise when a foreign state is sued in U.S. courts, the courts …
Regulation Of Lobster Bait Alternatives In New England,
2020
Rhode Island Sea Grant Law Fellow
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation,
2020
Brigham Young University Law School
Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash
BYU Law Review
No abstract provided.
Law School News: Distinguished Research Professor: John Chung 05-24-2020,
2020
Roger Williams University School of Law
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
In Conspicuous Terms-- Arbitration Agreements For The Modern Reasonable App User,
2020
William & Mary Law School
In Conspicuous Terms-- Arbitration Agreements For The Modern Reasonable App User, Michelle Dunbar
William & Mary Business Law Review
Two recent decisions regarding the validity of arbitration agreements in mobile apps have come to opposite conclusions despite utilizing the same legal standard and concerning the same app—Uber. While the Federal Arbitration Act strongly favors the validity and importance of arbitration agreements, it appears that judge’s subjectivity based on common knowledge and understanding of apps is influencing the outcome of cases concerning the validity of these arbitration agreements. To the modern app user, are these terms really inconspicuous? For businesses, this could mean that instead of competing in an already saturated app market by enhancing their design and integrating branding …
Kill Cammer: Securities Litigation Without Junk Science,
2020
William & Mary Law School
Kill Cammer: Securities Litigation Without Junk Science, J. B. Heaton
William & Mary Business Law Review
Securities litigation is a hotbed of junk science concerning market efficiency. This Article explains why and suggests a way out. In its 1988 decision in Basic v. Levinson, the Supreme Court endorsed the fraud on the market presumption for securities traded in an efficient market. Faced with the task of determining market efficiency, courts throughout the nation embraced the ad hoc speculations of a first-mover district court that proclaimed, in Cammer v. Bloom, how to allege (and presumably prove) facts that would do just that. The Cammer court’s analysis did not rely on financial economics for its notions, but instead …
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond,
2020
Brooklyn Law School
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, Aaron Doyer
Journal of Law and Policy
Pennsylvania, like other states, has struggled over the past few decades to apply the policy principles of product defect law—a tort characterized by strict liability. Because strict liability bypasses the traditional requirement in tort that a plaintiff prove the defendant’s negligence, and instead requires only a showing that the plaintiff was injured by a product sold in a defective condition, these inquiries raise a deceptively simple question: who sells? Recently, in a landmark case in Pennsylvania, the Third Circuit made waves by declaring Amazon.com, an enormous online marketplace, the legal “seller” of a product shipped and sold by a vendor …
Corporations Hybrid: A Covid Case Study On Innovation In Business Law Pedagogy,
2020
University of New Hampshire School of Law
Corporations Hybrid: A Covid Case Study On Innovation In Business Law Pedagogy, Seth C. Oranburg, David D. Tamasy
Law Faculty Scholarship
A worldwide pandemic is forcing schools to close their doors. Yet the need to teach students remains. How can faculty – especially those who are not trained in technology-mediated teaching – maintain educational continuity? This Essay provides some suggestions and relatively quick and easy strategies for distance education in this time of coronavirus. While it is written from the perspective of teaching law school, it can be applied to teaching other humanities such as philosophy, literature, religion, political theory, and other subjects that do not easily lend themselves to charts, graphs, figures, and diagrams. This Essay includes an introductory technology …
Introduction To The Covid-19 Symposium On International Economic Law In The Global South,
2020
Dalhousie University Schulich School of Law
Introduction To The Covid-19 Symposium On International Economic Law In The Global South, Olabisi D. Akinkugbe, James Thuo Gathii, Titilayo Adebola, Nthope Mapefane
Articles, Book Chapters, & Popular Press
The COVID-19 pandemic has disrupted all facets of human relations on a magnitude not witnessed in the post-World War II era. Due to the interdependence of countries in the international system, it is not surprising that the unfolding public health crisis has had significant ramifications for the functioning of the global economy as well. In responding to this global health crisis, and the associated fallouts, the academic community has a crucial role to play in finding solutions to the hydra-headed problems we all face. Driven by this sense of urgency and responsibility, AfronomicsLaw put out a call for contributions in …
Contract Lore As Heuristic Starting Points,
2020
University of Missouri - Kansas City, School of Law
Contract Lore As Heuristic Starting Points, Colin P. Marks
Faculty Works
This article examines the concept of “contract lore,” a term used to describe commonly repeated propositions about contract law that may not accurately reflect how courts actually decide cases. Prior scholarship has suggested that the persistence of such statements reflects aspirational thinking among contract scholars and practitioners, maintained through a form of cognitive dissonance. This article challenges that explanation and instead argues that many examples of contract lore are better understood as heuristic starting points used in legal analysis. Rather than functioning as definitive statements of law, these propositions provide an initial framework from which students, lawyers, and judges begin …
Foreword--Comparative Corporate Law & Governance,
2020
Vanderbilt University Law School
Foreword--Comparative Corporate Law & Governance, Dan W. Puchniak, Randall S. Thomas
Vanderbilt Journal of Transnational Law
Despite the challenges posed by Covid-19, especially for the student editors of the Journal, this special issue has been published on time and has been superbly edited. On behalf of the authors, NUS Law, and the Law & Business Program of Vanderbilt Law School, we would like to express our sincere appreciation to the editor in chief, Joshua D. Minchin, and the entire editorial team of the Vanderbilt Journal of Transnational Law for their remarkable skill, effort, and dedication in these challenging times. Your performance gives us great hope that the future is extremely bright.
The Impossibility Doctrine In Commercial Contracts: An Empirical Analysis,
2020
Brooklyn Law School
The Impossibility Doctrine In Commercial Contracts: An Empirical Analysis, Uri Benoliel
Brooklyn Law Review
The impossibility doctrine – under which a contracting party has no duty to perform the agreement if performance thereof is rendered impossible – is a basic building block of U.S. contract law. The prevailing law-and-economics analysis of this doctrine suggests that when contract performance becomes impossible, courts should assign the contractual risk of non-performance to the superior risk bearer, i.e., to the party that can bear said risk at least cost. This article empirically tests, for the first time, the economic theory of the impossibility doctrine. It first hypothesizes that most sophisticated parties to commercial contracts are unlikely to adopt …
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality,
2020
University of Georgia School of Law
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher
Georgia Journal of International & Comparative Law
No abstract provided.
Maine Corporation Law & Practice,
2020
University of Maine School of Law
Maine Corporation Law & Practice, Gregory S. Fryer
Maine Law Review
The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …
Maine Corporation Law & Practice,
2020
University of Maine School of Law
Maine Corporation Law & Practice, Gregory S. Fryer
Maine Law Review
The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …
Developing Robust And Coherent Regional Trade Policy Could Quell The Chaos Surrounding Land Border Closures In Nigeria,
2020
Dalhousie University Schulich School of Law
Developing Robust And Coherent Regional Trade Policy Could Quell The Chaos Surrounding Land Border Closures In Nigeria, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Despite the pivotal roles played in the establishment and reform on the Economic Community of West African States (ECOWAS) among other continental initiatives in Africa, significant questions remain whether Nigeria is truly committed to a meaningful regional economic integration regime in the implementation phase. The recent inquest into Nigeria’s regional trade policy has exacerbated because of two major occurrences.
First, Nigeria’s delay in signing the African Continental Free Trade Area Agreement (AfCFTA) led to critical reactions on the readiness of one of Africa’s largest economies to embrace a continental rules-based trade regime. Others, including me, however argued that Nigeria’s delay …
Who Carries The Burden Of Proving Causation In An Erisa Section 409(A) Suit For Breach Of Fiduciary Duty?,
2020
University of Cincinnati
Who Carries The Burden Of Proving Causation In An Erisa Section 409(A) Suit For Breach Of Fiduciary Duty?, Edward Rivin
University of Cincinnati Law Review
No abstract provided.
Business Trusts In China: A Reality Check,
2020
University of Hong Kong
Business Trusts In China: A Reality Check, Lusina Ho
University of Cincinnati Law Review
No abstract provided.
