The Sec Proposed Cybersecurity Infrastructure Rules And New Disclosure Requirements,
2025
Texas A&M University School of Law
The Sec Proposed Cybersecurity Infrastructure Rules And New Disclosure Requirements, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig
Faculty Scholarship
In addition to regulation of securities market issuers, the Securities & Exchange Commission (SEC) is also responsible for regulation of those entities that provide the networks, either electronic or physical, that enable the functioning of our securities markets. On February 9, 2022, the Commission published a Release for Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development Companies containing proposals that, if adopted, would establish a new cybersecurity incident reporting and disclosure regime and require registered investment advisers (“advisers”) and investment companies (“funds”) to implement policies and procedures designed to address cyber risks. The comment period for …
The Gamification Of Banking,
2025
University of Oklahoma College of Law
The Gamification Of Banking, Colleen Baker, Christopher K. Odinet
Faculty Scholarship
Gamification is coming to banking. This phenomenon is already gain-ing ground in advertising, healthcare, manufacturing, and, more recently, with the GameStop and AMC meme stock saga in securities trading. The idea behind gamification is to make transactions seem fun, playful, and even casino-like in order to elicit habit-forming, addictive-like effects with consumers. This Article argues that the rise of financial technology (“fintech”) firms and their ever-growing business relationships with incumbent financial institutions has created the necessary conditions for gamification to take hold in the banking sector. In order to explore this observation, we undertake a study of current examples of …
Traditional And Computational Canons,
2025
Texas A&M University School of Law
Traditional And Computational Canons, Eric H. Martinez
Faculty Scholarship
As part of the rise of modern textualism, dictionaries and linguistic canons have become a ubiquitous part of legal interpretation. One longstanding question is whether judges citing these tools sincerely attempt to follow the meaning of a text, or if their invocation is merely window-dressing for a preferred outcome. The practical significance of this question extends across all major doctrinal areas, and with the Supreme Court’s overturning of Chevron deference, its importance is only to grow, as courts are now instructed to use every tool at their disposal to resolve ambiguity when interpreting a law. This Article is the first …
Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant,
2025
Carlton Fields LLP
Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk
Scholarly Works
This is an amicus curiae brief filed by Brian L. Frye, Jess Miers, and Mateusz Blaszczyk in support of ROSS Intelligence, Inc., arguing that Thomson Reuters's claim for copyright infringement should be dismissed.
Tribal Sovereign Immunity: Absolute Authority Or Accountability,
2025
University of Montana
Tribal Sovereign Immunity: Absolute Authority Or Accountability, Kekek Jason Stark
Public Land & Resources Law Review
In the wake of the recent United States Supreme Court decision of Trump v. United States, the Court determined that the President as Chief Executive is immune from conduct associated with official acts.3 The question that emanates from this opinion is how will this decision affect Indian Country and tribal court determinations of tribal sovereign immunity? This article will attempt to address this question. I begin with the Anishinaabe story of Bebaamosed miinawaa Gawigoshko’iweshiinh (The Trickster and the Little Scary Bird)5 in an attempt to understand the complicated nature of tribal sovereign immunity.
Discovering The Doctrine Of Discovery,
2025
University of Montana
Discovering The Doctrine Of Discovery, Douglas Lind
Public Land & Resources Law Review
The doctrine of discovery is a concept in crisis. A principle of public international law associated with the so-called Age of Discovery, the doctrine of discovery is commonly said to have authorized European nations to claim the lands of indigenous peoples and establish settlements on the basis of “discovery” alone. Today, with good reason, the doctrine is widely condemned. The United Nations has denounced it as “the very foundation of genocide.” Describing its manifest injustices against indigenous cultures, dominion, and sovereignty as “devastating, far-reaching and intergenerational,” the UN Economic and Social Council has called for the doctrine to be categorically …
Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files,
2025
University of Montana
Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle
Public Land & Resources Law Review
The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.
Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes,
2025
University of Montana
Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth
Public Land & Resources Law Review
The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs.
Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe,
2025
University of Montana
Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett
Public Land & Resources Law Review
No abstract provided.
Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency,
2025
University of Montana
Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams
Public Land & Resources Law Review
No abstract provided.
Access To Algorithmic Justice Working Paper: Introducing The A2aj’S Canadian Legal Data: An Open-Source Alternative To Canlii For The Era Of Computational Law,
2025
Lincoln Alexander School of Law, Toronto Metropolitan University
Access To Algorithmic Justice Working Paper: Introducing The A2aj’S Canadian Legal Data: An Open-Source Alternative To Canlii For The Era Of Computational Law, Simon Wallace, Sean Rehaag
Commissioned Reports, Studies and Public Policy Documents
The Access to Algorithmic Justice project (A2AJ) is an open-source alternative to the Canadian Legal Information Institute (CanLII). At a moment when technology promises to enable new ways of working with law, CanLII is becoming an impediment to the free access of law and access to justice movements because it restricts bulk and programmatic access to Canadian legal data. This means that Canada is staring down a digital divide: wellresourced actors have the best new technological tools and, because CanLII has disclaimed leadership, the public only gets second-rate tools. This article puts CanLII in its larger historical context and shows …
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets,
2025
Brooklyn Law School
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Brooklyn Journal of Corporate, Financial & Commercial Law
The European Union’s Markets in Crypto-Assets Regulation (“MiCA”) created a harmonized framework to regulate digital asset issuance and services that were not already covered by existing regulations. Notably, MiCA requires virtual asset providers to adhere to the Financial Action Task Force Recommendation 16 (“FATF”), also known as the Travel Rule. Though the Travel Rule has existed for almost 20 years, its application to crypto asset transfers is entirely new. The purpose of the Travel Rule is to detect and prevent money laundering and terrorist financing, but its application to cryptocurrency wallet transactions is criticized for being overly burdensome and invasive …
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games,
2025
Brooklyn Law School
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Brooklyn Journal of Corporate, Financial & Commercial Law
Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …
Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?,
2025
West Virginia University College of Law
Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?, Abby O'Hern
West Virginia Law Review
The opioid crisis is a significant public health emergency, intensified by the rise of synthetic opioids such as fentanyl. Lawmakers have described fentanyl as “terroristic in nature” due to its often-fatal properties. According to the Center for Disease Control (“CDC”), an estimated 107,543 people died from drug overdoses in the United States in 2023. As fentanyl use has surged, it has increasingly shaped public health policy through harm reduction initiatives, expanded addiction treatment resources, and legislative reforms aimed at curbing overdose deaths. Artificial Intelligence (“AI”) now plays a dual role in this evolving crisis. While AI technologies offer valuable tools …
Crypto Regulation In The Time Of Trump,
2025
Prairie View A&M University
Crypto Regulation In The Time Of Trump, Lawrence J. Trautman
Michigan Technology Law Review
Donald Trump’s election as president during November 2024 results in perhaps the most dramatic philosophical change in approach to governmental regulation in over ninety years. The Great Depression of the 1930s created a need for regulatory reform and resulted in the advent of such new regulatory frameworks as the U.S. Securities and Exchange Commission (SEC). It has been the purpose of the SEC to create and nurture efficient securities markets enabling vibrant capital formation while preventing fraud upon the investing public. At issue is the contrast between the regulatory regime in place since 1933-34 and the Trump Administration’s desire to …
Inside Ai,
2025
American University Washington College of Law
Inside Ai, Charles Duan
Contributions to Books
It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …
The Regulatory Challenges Raised By The Evolution From Open Banking To Banking-As-A-Service,
2025
Singapore Management University
The Regulatory Challenges Raised By The Evolution From Open Banking To Banking-As-A-Service, Nydia Remolina Leon
Research Collection Yong Pung How School Of Law
In May 2024, a company in California suddenly made headlines across the financial press. Synapse Financial Technologies, once hailed as a pioneer in the next wave of financial innovation, filed for bankruptcy. The company had promised to revolutionize banking by providing “Banking-as-a-Service” (BaaS): an invisible layer of technology that allowed apps to plug directly into the financial system.
Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance,
2025
Singapore Management University
Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao
Research Collection Yong Pung How School Of Law
Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This …
Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1],
2025
Boston University School of Law
Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson
Faculty Scholarship
The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …
Initial Coin Offerings As An Alternative Method For Raising Capital: Legal Considerations And Regulatory Solutions In Indonesia,
2025
University of Indonesia
Initial Coin Offerings As An Alternative Method For Raising Capital: Legal Considerations And Regulatory Solutions In Indonesia, Juwita Patty Pasaribu, Febby Mutiara Nelson, Topo Santoso, Fransiska Ari
Indonesia Law Review
Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern …
