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VOL. 6 NO. 2


ARTICLES


RESOLVING NFT AND BLOCKCHAIN DISPUTES

by Amy J. Schmitz, John Deaver Drinko-Baker & Hostetler Professor of Law at The
Ohio State University Moritz College of Law

Published: Jun 24, 2023
The Author proposes that online arbitration may be the best means for
efficiently and fairly resolving NFT and blockchain-related disputes.


TOWARDS AN EFFECTIVE REGULATORY AND GOVERNANCE FRAMEWORK FOR CENTRAL BANK
DIGITAL CURRENCIES

by Nancy Michail, PhD Candidate at Macquarie Law School and Niloufer Selvadurai,
Professor of Technology Law and Director of Research and Innovation at Macquarie
Law School

Published: Jun 24, 2023
This paper critically analyzes the current legal scholarship and legal reform
discourse of nations around the world with respect to central bank digital
currencies and presents a taxonomy for measuring efficacy.


ESSAYS


WE GOT THE KINGDOM, WE GOT THE KEY: CORPORATE BANKRUPTCY AND CRYPTOCURRENCY

by Stephen J. Lubben, Harvey Washington Wiley Professor of Law at Seton Hall
University School of Law

Published: Jun 24, 2023
The Author doubts the need for substantial changes to the Bankruptcy Code with
respect to cryptocurrency, and instead advocates for slight changes along with
continued skepticism about subsidizing purported innovation through changes to
bankruptcy law.


THE CROWN, THE MARKET AND THE DAO

by Maury Shenk, Senior Advisor at Steptoe & Johnson LLP, Sven Van Kerckhoven,
Professor of Business and Economics and Vice-Dean at Brussels School of
Governance (VUB), and Jonas Weinberger, Co-Founder & Legal Consultant at IBPL,
DLT360

Published: Jun 24, 2023
Upon analyzing competing factors, on balance, the Authors question the notion
that all DAOs should be considered as constituting general partnerships, discuss
different possible avenues for their legal treatment, and provide
recommendations for regulators and adjudicators.


THE CASE FOR ON-CHAIN PRIVACY AND COMPLIANCE

by Shlomit Azgad-Tromer, CEO and Chief Legal Officer at Sealance Corp., Joey
Garcia, Director and Head of Legal & Regulatory Affairs at Xapo Bank, and Eran
Tromer, Associate Research Scientist at Columbia University

Published: Jun 24, 2023
We argue that advances in cryptography and blockchain technology can overcome
the false binary choice between privacy and compliance, via blockchain-native
solutions that permit on-chain compliance programmable and tailored to
jurisdictional needs and enforced by consensus rules.









VOL. 6 NO. 1


ARTICLES


ESG, CRYPTO, AND WHAT HAS THE IRS GOT TO DO WITH IT?

by Nizan Packin, Professor of Law at Baruch College, City University of New York
and Sean Stein Smith, Assistant Professor at Lehman College, City University of
New York

Published: Jan 10, 2023
ESG in general and an agenda focused on sustainability in particular can and
should be applied to taxation to ameliorate the impact of the crypto industry on
society and the planet.


BLOCKCHAIN GAMES AND A DISRUPTIVE CORPORATE BUSINESS MODEL

by Xuan-Thao Nguyen, Pendleton Miller Professor of Law at University of
Washington School of Law

Published: Jan 10, 2023
Blockchain games and their characteristics open new conversations on novel ways
of addressing the wealth gap and income inequality, exploring property ownership
possibilities, and encouraging the blurring of work and play culture.


ESSAYS


NFTS, INCENTIVES AND CONTROL: TECHNICAL MECHANISMS AND INTELLECTUAL PROPERTY
RIGHTS

by David J. Kappos, Partner and Co-Chair of the IP Practice at Cravath, D. Scott
Bennett, Partner at Cravath, Michael E. Mariani, Partner at Cravath, Sasha
Rosenthal-Larrea, Partner at Cravath, Daniel M. Barabander, Associate at
Cravath, and Callum A.F. Sproule, Associate at Cravath

Published: Jan 10, 2023
By dispelling blockchain misconceptions, highlighting the code in certain NFT
smart contracts on the Ethereum blockchain, and probing the concept of ownership
through the lens of IP law, we can demystify what NFT “ownership” really means
for both creators and NFT holders.



TRANSFERS AND LICENSING OF COPYRIGHTS TO NFT PURCHASERS

by Michael D. Murray, Spears Gilbert Associate Professor of Law at the
University of Kentucky

Published: Jan 10, 2023
This Article explores the question of what, if any, of the copyrights to
tokenized works should be transferred or licensed to NFT purchasers, and
clarifies issues of copyright transfer and licensing in the world of NFTs and
blockchains.


WHEN JURISDICTION RULES MEET BLOCKCHAIN: CAN THE OLD BOTTLE CONTAIN THE NEW
WINE?

by Yueh-Ping (Alex) Yang, Associate Professor at National Taiwan University
Department of Law

Published: Jan 10, 2023
The Author proposes an effect-based jurisdiction rule limited by a de minimis
exception to mitigate blockchain’s impact on conduct-based jurisdiction rules,
enhance legal certainty, and promote international coordination.








VOL. 5 NO. 2


ARTICLES


DISCLOSURE, DAPPS AND DEFI

by Chris Brummer, Agnes N. Williams Professor of Law at Georgetown University
Law Center

Published: Jun 29, 2022
With respect to DeFi, this Article highlights ambiguities inhabiting legacy
disclosure obligations and offers a conceptual roadmap for assisting developers
and regulators. Furthermore, it introduces a series of crypto-native tools to
modernize disclosure delivery in DeFi systems.


BUILDING BANKS BETTER: A PLAN TO PUT PUBLIC CAPITAL BACK TO PUBLIC USE

by Robert Hockett, Edward Cornell Professor of Law at Cornell Law School

Published: Jun 29, 2022
In this Article, we have found the distinction between public and private
investment capital, seen why the public and private sectors must manage their
own shares of the aggregate, and designed a full architecture (including digital
P2P Citizen & Business wallets) to enable that.


BLOCKCHAIN, TRADE, AND THE GLOBAL SOUTH: ENTRENCHING SUPPLY CHAIN ROLES

by Antonia Eliason, Associate Professor at University of Mississippi School of
Law

Published: Jun 29, 2022
The application of blockchain in supply chain logistics in a way that benefits
both the Global North and the Global South requires making blockchain technology
accessible to Global South participants and implementing measures to reduce the
potential for exploitation.


ESSAY


THE ART OF THE TOKEN

by Brian L. Frye, Spears-Gilbert Professor of Law at University of Kentucky Law
School

Published: Jun 29, 2022
The Author's NFT projects show how NFTs are de facto securities, reflect on the
history of securities art, investigate what it means to own an NFT, and
illustrate the copyright puzzles posed by NFTs.


COMMENT


REGULATING FOR BLOCKCHAIN ECOSYSTEM DEVELOPMENT MEANS GETTING PAST THE STUMBLING
BLOCK OF REGULATORY INCREMENTALISM

by Syren Johnstone, Executive Director of the LLM (Compliance & Regulation)
Programme at The University of Hong Kong, Faculty of Law

Published: Jun 29, 2022
This paper explores why we need to think differently about the oversight of
cryptoassets to avoid the costs of incrementalism, and proposes how we might
develop a more meaningful regulatory response that better engages with
blockchain’s fundamental characteristics.









VOL. 5 NO. 1


ARTICLE


WHEN THE MEANS UNDERMINE THE END: THE LEVIATHAN OF SECURITIES LAW AND
ENFORCEMENT IN DIGITAL-ASSET MARKETS

by Yuliya Guseva, Professor of Law at Rutgers Law School

Published: Jan 05, 2022
Through empirical and policy analysis, this Article explores a fundamental
disconnect between the statutory objectives of the Securities and Exchange
Commission and the actual outcome of its policies in digital-asset markets.


ESSAYS


SMART COURTS, SMART CONTRACTS, AND THE FUTURE OF ONLINE DISPUTE RESOLUTION

by Julien Chaisse, Professor at City University of Hong Kong, Faculty of Law and
Jamieson Kirkwood, Research Fellow at the Chinese University of Hong Kong,
Faculty of Law

Published: Jan 05, 2022
The Authors present a critical assessment of ODR+ mechanisms to settle Belt &
Road Initiative disputes (primarily smart courts and smart contracts).


SHOULD CENTRALIZED EXCHANGE REGULATIONS APPLY TO CRYPTOCURRENCY PROTOCOLS?

by Samantha Altschuler, Co-President of Harvard Law School Blockchain & FinTech
Initiative

Published: Jan 05, 2022
Direct legal regulation is not the most efficient primary tool for regulating
DEX protocols. Code is. When DEX protocol’s architecture falls short is when the
law should step in to supplement code in order to shape behavior to ensure
maximum public value for minimum public cost.


DISTRIBUTED LEDGER TECHNOLOGY IN INTERNATIONAL TRADE: RETHINKING THE ROLE AND
NECESSITY OF THE CUSTOMS DECLARATION

by Mark L. Shope, Assistant Professor of Law at the National Yang Ming Chiao
Tung University School of Law

Published: Jan 05, 2022
The use of distributed ledger technology-based tools and smart contracts for
customs compliance purposes subjects the idea of a “declarant” or “declaration”
to potential re-characterization.


COMMENT


THE BLOCKCHAIN DEFENSIVE PATENT LICENSE AS AN ALTERNATIVE TO FORKING BITCOIN TO
BLOCK THE ASICBOOST PATENT

by Thomas Plunkett, Assistant Professor of Blockchain Technologies at Harrisburg
University of Science and Technology

Published: Jan 05, 2022
The AsicBoost patent controversy led to the creation of the Blockchain Defensive
Patent License and may also have influenced the creation of the Cryptocurrency
Open Patent Alliance.








VOL. 4 NO. 2





BLOCKCHAIN & PROCEDURAL LAW SYMPOSIUM PAPERS, PART 2 OF 2

With the Max Planck Institute Luxembourg for Procedural Law


THE RISE OF DECENTRALIZED AUTONOMOUS ORGANIZATIONS: OPPORTUNITIES AND CHALLENGES

by Aaron Wright, Clinical Professor of Law at Benjamin N. Cardozo School of Law

Published: Jun 30, 2021
The Author explores the nature of DAOs and highlights several areas where states
and regulators can adapt existing legal regimes to potentially accommodate DAOs.
Part of the Blockchain & Procedural Law seminars (Max Planck Institute
Luxembourg for Procedural Law).



BITCOIN GOVERNANCE AS A DECENTRALIZED FINANCIAL MARKET INFRASTRUCTURE

by Hossein Nabilou, Assistant Professor of Law & Finance at University of
Amsterdam Law School

Published: Jun 30, 2021
The existing governance arrangements in the Bitcoin network have been largely
successful in dealing with major crises that would have otherwise become
existential threats to it. Part of the Blockchain & Procedural Law seminars (Max
Planck Institute Luxembourg for Procedural Law).



DYNAMISM IN FINANCIAL MARKET REGULATION: HARNESSING REGULATORY AND SUPERVISORY
TECHNOLOGIES

by Pedro Magalhães Batista, Research Associate, Institute of Law & Economics at
University of Hamburg and Wolf-Georg Ringe, Professor of Law & Finance at
University of Hamburg

Published: Jun 30, 2021
The interplay of RegTech and SupTech should be at the forefront of regulatory
activity in the near future. The Authors examine the challenges of relevant
blockchain proposals. Part of the Blockchain & Procedural Law seminars (Max
Planck Institute Luxembourg for Procedural Law).



EXERCISING DIGITAL SOVEREIGNTY OVER BLOCKCHAINS: A CASE STUDY FROM FRANCE

by Lily Martinet, Senior Research Fellow at the Max Planck Institute Luxembourg
for Procedural Law

Published: Jun 30, 2021
Via a study of digital sovereignty and its blockchain interactions, this paper
shows the tensions and frictions born from the last twenty years of the
Internet’s evolution. Part of the Blockchain & Procedural Law seminars (Max
Planck Institute Luxembourg for Procedural Law).



WHEN ONLINE DISPUTE RESOLUTION MEETS BLOCKCHAIN: THE BIRTH OF DECENTRALIZED
JUSTICE

by Federico Ast, Founder & CEO at Kleros and Bruno Deffains, Professor at
Université Paris 2 Panthéon Assas

Published: Jun 30, 2021
This paper reviews the main theoretical principles underlying the nascent field
of decentralized justice and the early empirical experience in real life use
cases. Part of the Blockchain & Procedural Law seminars (Max Planck Institute
Luxembourg for Procedural Law).



CONCLUDING REMARKS OF THE SEMINAR ON BLOCKCHAIN AND PROCEDURAL LAW: BLOCKCHAIN
AND THE PROBLEM OF INJUSTICE

by Antoine Garapon, Secretary General at the Institut des Hautes Études Sur la
Justice and Jean Lassègue, Researcher at the Centre National de la Recherche
Scientifique

Published: Jun 30, 2021
These concluding remarks aim at following up on the presentations that took
place at the Max Planck Institute Luxembourg by clarifying three closely related
philosophical and anthropological issues that emerged during the seminars.



ESSAY


STABLECOINS: A BRAVE NEW WORLD?

by Anastasia Melachrinos, Product Manager, DeFi Market Data at Kaiko and
Christian Pfister, Project Manager, Directorate General Financial Stability and
Operations at the Banque de France

Published: Jun 30, 2021
The Authors assess the contributions of stablecoins, then the macroeconomic
risks they generate, and finally, the responses that these risks merit.








VOL. 4 NO. 1





BLOCKCHAIN & PROCEDURAL LAW SYMPOSIUM PAPERS, PART 1 OF 2

With the Max Planck Institute Luxembourg for Procedural Law


INTRODUCTION TO THE SYMPOSIUM FOR BLOCKCHAIN AND PROCEDURAL LAW: LAW AND JUSTICE
IN THE AGE OF DISINTERMEDIATION

by Edouard Fromageau, Lecturer at the University of Aberdeen, Lily Martinet,
Senior Research Fellow at Max Planck Institute Luxembourg for Procedural Law,
and Alain Zamaria, Research Fellow at Max Planck Institute Luxembourg for
Procedural Law

Published: Jan 04, 2021



BLOCKCHAIN-BASED CORPORATE GOVERNANCE

by Wulf A. Kaal, Professor at University of Saint Thomas School of Law
(Minneapolis)

Published: Jan 04, 2021
On-chain DAO governance enables dynamic regulatory features that facilitate
unprecedented decentralized regulatory solutions. Part of the Blockchain &
Procedural Law seminars (Max Planck Institute Luxembourg for Procedural Law).



SHAREHOLDER VOICE IN COMPLEX INTERMEDIATED PROXY SYSTEMS: BLOCKCHAIN TECHNOLOGY
AS A SOLUTION?

by Anne Lafarre, Assistant Professor of Business Law at Tilburg University and
Christoph Van der Elst, Professor of Business Law and Economics at Tilburg and
Ghent Universities

Published: Jan 04, 2021
Blockchain technology can address the main problems with the current
intermediated proxy voting and engagement systems. Part of the Blockchain &
Procedural Law seminars (Max Planck Institute Luxembourg for Procedural Law).



BODIES WITHOUT ORGANS: LAW, ECONOMICS, AND DECENTRALISED GOVERNANCE

by J.G. Allen, Senior Research Fellow at Humboldt-Universität zu Berlin Centre
for British Studies

Published: Jan 04, 2021
The Author inquires, "How should a DAO be apprehended by a legal system?" Part
of the Blockchain & Procedural Law seminars (Max Planck Institute Luxembourg for
Procedural Law).



SOVEREIGNTY AND AUTONOMY VIA MATHEMATICS

by Helen Eenmaa, Research Fellow in Information Technology Law and Founder of
the Information Technology Law Research and Study Programme at University of
Tartu School of Law

Published: Jan 04, 2021
Mathematical certainty and certainty with respect to some technologies are able
to sustain and produce particular relations within a state. Part of the
Blockchain & Procedural Law seminars (Max Planck Institute Luxembourg for
Procedural Law).



THE IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGIES IN CHINESE COURTS

by Tian Lu, PhD Candidate in Intellectual Property Law at Maastricht University

Published: Jan 04, 2021
Blockchain technologies are operating as useful supplements within the Chinese
judicial system. Part of the Blockchain & Procedural Law seminars (Max Planck
Institute Luxembourg for Procedural Law).



ESSAY


BLOCKCHAIN M&A: THE NEXT LINK IN THE CHAIN

by F. Dario de Martino, M&A Partner and Co-Head of Blockchain & Crypto at Allen
& Overy LLP

Published: Jan 04, 2021
An overview of key drivers and unique valuation, due diligence, and integration
hurdles for the current wave of blockchain M&A.


COMMENT


LEVERAGING BLOCKCHAIN FOR GREATER ACCESSIBILITY OF MACHINE LEARNING MODELS

by Justin D. Harris, Senior Software Developer at Microsoft

Published: Jan 04, 2021
The new framework Decentralized & Collaborative AI on Blockchain is proposed in
the spirit of democratizing AI. The original version of this paper was published
at
https://www.microsoft.com/en-us/research/blog/leveraging-blockchain-to-make-machine-learning-models-more-accessible.








VOL. 3 NO. 2


ARTICLES


CALL FOR MULTI-STAKEHOLDER COMMUNICATION TO ESTABLISH A GOVERNANCE MECHANISM FOR
THE EMERGING BLOCKCHAIN-BASED FINANCIAL ECOSYSTEM, PART 2 OF 2

by Yuta Takanashi, Deputy Director for Fintech and Innovation at the Financial
Services Agency (JFSA, Japan's financial regulator), Shin’ichiro Matsuo,
Research Professor of Computer Science at Georgetown University, Eric Burger,
Research Professor of Computer Science at Georgetown University, Clare Sullivan,
Visiting Professor at the Georgetown Law Center, James Miller, Columbia
Institute for Tele-Information Affiliated Researcher at Columbia Business
School, and Hirotoshi Sato, Vice President in the Digital Transformation
Division at Mitsubishi UFJ Financial Group

Published: Jun 27, 2020
Regulators need to cooperate with other stakeholders including the engineering
community, businesses and users to achieve regulatory goals, and should
establish a multi-stakeholder governance mechanism for the coming
blockchain-based financial ecosystem.



SECONDARY MARKETS IN DIGITAL ASSETS: RETHINKING REGULATORY POLICY IN CENTRALIZED
AND DECENTRALIZED ENVIRONMENTS

by Syren Johnstone, Executive Director of the LLM (Compliance & Regulation)
Programme at The University of Hong Kong, Faculty of Law

Published: Jun 27, 2020
While centrality has been a useful and hitherto inevitable nexus point for
regulatory agencies, the prospect of alternative decentralized environments
signals a need to reconsider how regulatory oversight can work to service its
intended functions.



ESSAY


TREASURY GROWTH DIVIDENDS

by Robert Hockett, Edward Cornell Professor of Law and Finance at Cornell Law
School

Published: Jun 27, 2020
The Author proposes a specific use for Treasury-issued ‘Digital Greenbacks’ and
TreasuryDirect Digital Wallets -- equitable distribution as ‘Treasury Growth
Dividends’ under normal circumstances, and deployment as a countercyclical
policy lever under abnormal circumstances.


BLOCKCHAIN & TAX SYMPOSIUM PAPERS


TAXING BLOCKCHAIN FORKS

by Mattia Landoni, Federal Reserve Bank of Boston and Assistant Professor at
Southern Methodist University, Cox School of Business and Gina C. Pieters,
Assistant Instructional Professor at the University of Chicago, Department of
Economics and Research Fellow at the Cambridge Centre for Alternative Finance

Published: Jun 27, 2020
The tax treatment of cryptocurrency forks presents unique challenges. This
Article provides evidence that each issue complicates the determination of
income realization, or basis apportionment. We compare three existing approaches
for assets acquired without a purchase.


FACEBOOK’S LIBRA: THE NEXT TAX CHALLENGE FOR THE DIGITAL ECONOMY

by Allison Christians, H. Heward Stikeman Chair in Tax Law at McGill University,
Faculty of Law and Mahwish Tazeem, JD/BCL, McGill University

Published: Jun 27, 2020
The Authors lay out Libra’s design concept, the problems it seeks to solve, and
the potential implications of its successful launch on the redesign of the
global tax system that is already in progress.








VOL. 3 NO. 1


ARTICLES


CALL FOR MULTI-STAKEHOLDER COMMUNICATION TO ESTABLISH A GOVERNANCE MECHANISM FOR
THE EMERGING BLOCKCHAIN-BASED FINANCIAL ECOSYSTEM, PART 1 OF 2

by Yuta Takanashi, Deputy Director for Fintech and Innovation at the Financial
Services Agency (JFSA, Japan's financial regulator), Shin’ichiro Matsuo,
Research Professor of Computer Science at Georgetown University, Eric Burger,
Research Professor of Computer Science at Georgetown University, Clare Sullivan,
Visiting Professor at the Georgetown Law Center, James Miller, Columbia
Institute for Tele-Information Affiliated Researcher at Columbia Business
School, and Hirotoshi Sato, Vice President in the Digital Transformation
Division at Mitsubishi UFJ Financial Group

Published: Jan 05, 2020
Regulators need to cooperate with other stakeholders including the engineering
community, businesses and users to achieve regulatory goals, and should
establish a multi-stakeholder governance mechanism for the coming
blockchain-based financial ecosystem.



BLOCKCHAIN AND THE FUTURE OF SECURED TRANSACTIONS LAW

by Heather Hughes, Professor at American University Washington College of Law

Published: Jan 05, 2020
Defining the relationship between blockchain-based smart contracts and secured
transactions law would situate emerging market activity in relation to a major
category of private-law rules that express longstanding policy choices.


ESSAYS


STABLE CRYPTOCURRENCIES: FIRST ORDER PRINCIPLES

by Craig Calcaterra, Professor of Mathematics at Metropolitan State University,
Wulf A. Kaal, Professor of Law at University of St. Thomas School of Law, and
Vadhindran Rao, Professor of Finance at Metropolitan State University

Published: Jan 05, 2020
The Authors introduce First Order Principles for stable cryptocurrencies. The
core design features and their interoperative feedback effects revolve around:
(1) burning coins through bonds vs. reserves, (2) transaction vs. holding taxes,
(3) repegging, and (4) governance.


THE CISG AND LIBRA: A MONETARY REVOLUTION FOR INTERNATIONAL COMMERCIAL
TRANSACTIONS?

by Sebastian Omlor, Professor of Law and Director of the Institute for Law and
Regulation of Digitalisation at the University of Marburg

Published: Jan 05, 2020
The UN Convention on Contracts for the International Sale of Goods shows an
openness to further developments and the evolution of money and currency. Even
if the Libra project fails, the technological concept must be considered
separately.


BLOCKCHAIN EVIDENCE IN COURT PROCEEDINGS IN CHINA – A COMPARATIVE STUDY OF
ADMISSIBLE EVIDENCE IN THE DIGITAL AGE (AS OF JUNE 4, 2019)

by Sylvia Polydor, Associate in Baker McKenzie's IP and Technology Practice
Group

Published: Jan 05, 2020
This Essay focuses on the admissibility of digital evidence in courts with an
emphasis on blockchain evidence. After comparing recognition criteria for courts
in China, the US, and European countries, it describes how to best address the
challenges identified.










VOL. 2 NO. 2


ARTICLES


BLOCKCHAIN DEVELOPMENT AND FIDUCIARY DUTY

by Raina S. Haque, Professor of Practice in Emerging Technologies at Wake Forest
University School of Law, Rodrigo Seira Silva-Herzog, Associate at Cooley LLP,
Brent A. Plummer, J.D. Candidate at Wake Forest University School of Law, and
Nelson M. Rosario, Adjunct Professor at Chicago-Kent School of Law

Published: Jun 28, 2019
With respect to the incentives and operations of prominent public blockchains,
the role played by core developers in the governance of these networks does not
exhibit the structural dynamics that warrant the imposition of fiduciary duty
for the benefit of cryptoasset holders.



BLOCKCHAIN AND PUBLIC COMPANIES: A REVOLUTION IN SHARE OWNERSHIP TRANSPARENCY,
PROXY VOTING AND CORPORATE GOVERNANCE?

by Federico Panisi, Ph.D. Candidate at the University of Brescia, SPILS 2020 at
Stanford Law School, Ross P. Buckley, Scientia Professor at UNSW Sydney, and
Douglas Arner, Kerry Holdings Professor in Law at The University of Hong Kong

Published: Jun 28, 2019
Blockchain could enable the tracking of share ownership through the complete
settlement cycle, enhancing the “shareholder democracy” of listed companies.



ESSAYS


MONEY’S PAST IS FINTECH’S FUTURE: WILDCAT CRYPTO, THE DIGITAL DOLLAR, AND
CITIZEN CENTRAL BANKING

by Robert Hockett, Edward Cornell Professor of Law and Finance at Cornell Law
School

Published: Jun 28, 2019
Fintech utopians are right that our money is changing, but wrong about what
change will look like. It will look like a digital dollar administered by a
"Citizens’ Fed."


THE CODE-IFICATION OF LAW AND ITS POTENTIAL EFFECTS

by Dr. Thorsten Kaeseberg, Head of the Competition and Consumer Protection,
Competition Issues of Digitalization Unit at the German Federal Ministry of
Economic Affairs and Energy

Published: Jun 28, 2019
Digital technologies can contribute to better-targeted regulation to coordinate
behavior and reduce risks. They may in particular reduce costs of regulation
where it is over- and under-inclusive thus far due to a lack of monitoring, data
crunching and predictive capabilities.


GDPR, BLOCKCHAIN AND THE FRENCH DATA PROTECTION AUTHORITY: MANY ANSWERS BUT SOME
REMAINING QUESTIONS

by Sonia Daoui, Attorney (Paris Bar), Stanford Ignite EEP at Stanford Business
School, Thomas Fleinert-Jensen, Founding Partner at Almain AARPI (Paris Bar),
Blockchain Committee Member at the French Standardization Association (AFNOR),
and Marc Lempérière, Partner at Almain AARPI (Paris and New York Bars)

Published: Jun 28, 2019
This Essay highlights the preliminary guidance issued by the French Data
Protection Authority on the interplay between the GDPR and blockchain
technology. It also provides a snapshot of the reflection conducted at the
European level as of March 2019.



CRYPTO-PIE IN THE SKY? HOW BLOCKCHAIN TECHNOLOGY IS IMPACTING INTELLECTUAL
PROPERTY LAW

by Dr. Birgit Clark, Lead Knowledge Lawyer for Baker McKenzie's IP and
Technology Practice and Ruth Burstall, Senior Legal Counsel at Johnson & Johnson
Innovation EMEA

Published: Jun 28, 2019
In the context of IP-heavy industries, blockchain and related distributed ledger
technology offer obvious possibilities for evidencing IP protection and
registration, either at the registry stage or in court during infringement
proceedings.










VOL. 2 NO. 1


ARTICLE


THE PERSISTENCE OF “DUMB” CONTRACTS

by Jeffrey M. Lipshaw, Professor at Suffolk University Law School

Published: Jan 21, 2019
This Article is an exploration of the similarities and differences, for lawyers,
not just of language and code, but also those aspects of human thinking and
interaction that will continue to be the most difficult to replicate on a
machine.


ESSAYS


DECONSTRUCTING DECENTRALIZED EXCHANGES

by Lindsay X. Lin, Legal Counsel at Interstellar and Stellar Development
Foundation

Published: Jan 05, 2019
The goal of this Essay is to explain the architectural structure of
decentralized exchanges, and the performance and security tradeoffs associated
with various architectural choices.


TAXONOMIES OF DIGITAL ASSETS: RECURSIVE OR PROGRESSIVE?

by Syren Johnstone, Executive Director of the LLM (Compliance & Regulation)
Programme at The University of Hong Kong, Faculty of Law

Published: Jan 05, 2019
This Essay discusses the development of taxonomies that seek to map digital
assets onto existing financial markets laws as a means of assisting regulatory
clarity.


BOOK REVIEW AND SYMPOSIUM REPORT


BLOCKCHAIN AND THE LAW: A CRITICAL EVALUATION

by João Pedro Quintais, Postdoctoral Researcher at the University of Amsterdam,
Institute for Information Law, Balázs Bodó, Senior Researcher at the University
of Amsterdam, Institute for Information Law, Alexandra Giannopoulou,
Postdoctoral Researcher at the University of Amsterdam, Institute for
Information Law, and Valeria Ferrari, PhD Candidate at the University of
Amsterdam, Institute for Information Law

Published: Jan 05, 2019



SYDNEY NODE, PART 2 OF 2

by Dr. Philippa Ryan, Barrister and Lecturer in the Faculty of Law, University
of Technology Sydney, Hannah Glass (B InSt, LLB), Solicitor in the Financial
Markets Team at King & Wood Mallesons, Sydney, Prof. Guido Governatori (PhD),
Senior Principal Researcher and Group Leader at Data61, CSIRO, Dr. David Lindsay
(BA, LLB, LLM, PhD), Professor in the Faculty of Law, University of Technology
Sydney, Andrew Lumsden (BA, LLB), Partner at Corrs Chambers Westgarth, Adjunct
Faculty Member in the Faculty of Law, University of Sydney, Ravi Nayyar, BCom
(Hons) LLB Student at the University of Sydney, Ben Salon (Dip PR and Comms, JD
Hons), Lawyer at Mills Oakley, Legal Tech Developer, Christopher Yong (BBus, LLB
Hons), Solicitor at Holding Redlich, and 1 more
+3
Published: Jan 05, 2019










VOL. 1 NO. 1


ARTICLE


CRYPTOCURRENCY AND THE SHIFTING IRS ENFORCEMENT MODEL

by Dashiell C. Shapiro, Tax Counsel with Shartsis Friese, previously a Trial
Attorney with the U.S. Department of Justice Tax Division

Published: Jun 23, 2018
Given the IRS’s steady shift to a more holistic tax enforcement approach, the
Author believes that the IRS is likely to take a broad-based approach to
cryptocurrency tax enforcement.


HARD FORKS ON THE BITCOIN BLOCKCHAIN: REVERSIBLE EXIT, CONTINUING VOICE

by Jeffery Atik, Professor at Loyola Law School, Los Angeles and George Gerro,
JD, Loyola Law School, Los Angeles

Published: Jun 23, 2018
Hirschman’s Exit/Voice conception shines explanatory light on stakeholder
responses in firms and states in moments of decline. We apply it here to the
Bitcoin blockchain, where it illuminates strange and unencountered qualities of
the reactive choices open to varied stakeholders.


ESSAYS


INITIAL COIN OFFERINGS: THE TOP 25 JURISDICTIONS AND THEIR COMPARATIVE
REGULATORY RESPONSES (AS OF MAY 2018)

by Wulf Kaal, Professor at University of Saint Thomas School of Law, Director of
the Private Investment Funds Institute, Minneapolis

Published: Jun 23, 2018
The Author codes the regulatory responses of the top 25 ICO jurisdictions in the
world and provides a comparative analysis of their respective regulatory
actions.


SYDNEY NODE, PART 1 OF 2

by Dr. Philippa Ryan, Barrister and Lecturer in the Faculty of Law, University
of Technology Sydney, Hannah Glass (B InSt, LLB), Solicitor in the Financial
Markets Team at King & Wood Mallesons, Sydney, Prof. Guido Governatori (PhD),
Senior Principal Researcher and Group Leader at Data61, CSIRO, Dr. David Lindsay
(BA, LLB, LLM, PhD), Professor in the Faculty of Law, University of Technology
Sydney, Andrew Lumsden (BA, LLB), Partner at Corrs Chambers Westgarth, Adjunct
Faculty Member in the Faculty of Law, University of Sydney, Ravi Nayyar, BCom
(Hons) LLB Student at the University of Sydney, Ben Salon (Dip PR and Comms, JD
Hons), Lawyer at Mills Oakley, Legal Tech Developer, Christopher Yong (BBus, LLB
Hons), Solicitor at Holding Redlich, and 1 more
+3
Published: Jun 23, 2018



2018 COMPUTATIONAL LAW & BLOCKCHAIN FESTIVAL DISCUSS SYMPOSIUM REPORTS

With Legal Hackers


OVERVIEW: A DECENTRALIZED APPROACH TO DEVELOPING TECHNOLOGY LAW AND POLICY ON A
GLOBAL SCALE

by Jameson Dempsey, Director at Legal Hackers, Residential Fellow at CodeX - The
Stanford Center for Legal Informatics

Published: Jun 23, 2018



HONG KONG NODE

by David T.L. Lam, Founder & Co-Organizer of Hong Kong Legal Hackers and
Legal.inno, P.C.LL. Candidate at the University of Hong Kong, Fellow at the
Asian Institute of International Financial Law

Published: Jun 23, 2018


MANILA NODE

by Amanda Dominguez, Lead, Government and Stakeholder Relations (Asia-Pacific)
at ConsenSys

Published: Jun 23, 2018


SÃO PAULO NODE

by Victor Maranhão, Co-Founder of São Paulo Legal Hackers and JurisIntel
(Introduction), Victor Doering, Masters Candidate at the Law School of The
University of São Paulo, Researcher at São Paulo Law School of FGV (PART I),
Rafael Bianchini, PhD Student of Law (USP), Analyst at the Brazilian Central
Bank (PART II), Gustavo Mascarenhas, PhD Candidate of Law at USP, Criminal Law
Attorney (PART III), and Ana Carolina Rodrigues, Graduate of the School of Law
at USP, Co-Founder of São Paulo Legal Hackers (PART III)

Published: Jun 23, 2018



SYDNEY NODE, PART 1 OF 2

by Dr. Philippa Ryan, Barrister and Lecturer in the Faculty of Law, University
of Technology Sydney, Hannah Glass (B InSt, LLB), Solicitor in the Financial
Markets Team at King & Wood Mallesons, Sydney, Prof. Guido Governatori (PhD),
Senior Principal Researcher and Group Leader at Data61, CSIRO, Dr. David Lindsay
(BA, LLB, LLM, PhD), Professor in the Faculty of Law, University of Technology
Sydney, Andrew Lumsden (BA, LLB), Partner at Corrs Chambers Westgarth, Adjunct
Faculty Member in the Faculty of Law, University of Sydney, Ravi Nayyar, BCom
(Hons) LLB Student at the University of Sydney, Ben Salon (Dip PR and Comms, JD
Hons), Lawyer at Mills Oakley, Legal Tech Developer, Christopher Yong (BBus, LLB
Hons), Solicitor at Holding Redlich, and 1 more
+3
Published: Jun 23, 2018



TARTU NODE

by Anne Veerpalu, PhD in IT Law Candidate at the University of Tartu, Attorney,
Visiting Lecturer of the IT Law Master's Programme at the University of Tartu,
Visiting Researcher at the Computer Science Department of University College
London

Published: Jun 24, 2018




ISSN 2688-4836 (Print)

ISSN 2688-481X (Online)

Stanford Journal of Blockchain Law & Policy
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