Category Archives: Symposia

On Settlement Finality and Distributed Ledger Technology, by Nancy Liao

by Guest Blogger — Friday, June 9, 2017

In their opening remarks at the March 3, 2017 roundtable, Carolyn Wilkins of the Bank of Canada and Andrew Hauser of the Bank of England described the efforts undertaken by their organizations to understand the capabilities and limitations of distributed ledger technology. Both central banks examined the potential use of distributed ledger technology in large-value […]

How Payments Law Can Help Drive Innovation, by Jessie Cheng

by Guest Blogger — Thursday, June 8, 2017

Distributed financial technologies (DFT) and protocols are gaining a foothold in important payment and settlement applications in global markets. The software developed by Ripple is one example of an enterprise solution for financial institutions that improves the efficiency of their cross-border payments. However, robust DFT must be paired with clear commercial rules that define and […]

The Firm as a Nexus of Smart Contracts? How Blockchain and Cryptocurrencies Can Transform the Digital Economy, by Christian Catalini

by Guest Blogger — Wednesday, June 7, 2017

Through his seminal work on transaction costs, Nobel laureate Ronald Coase highlighted key frictions that prevent organizations from relying exclusively on market transaction to achieve their goals. Uncertainty, asymmetric information and the risk of moral hazard, by undermining the ability to write complete and effective contracts, force organizations to internalize operations and depend on more […]

Blockchain Technology Regulations: Harnessing Potential Means Enabling, not Restricting, by Nina Gunther Kilbride

by Guest Blogger — Tuesday, June 6, 2017

As new uses of blockchain technology become more varied and appealing, the issue of appropriate regulatory structure is a common legal theme. Blockchain delivers a secure, tamper-evident digital evidence structure. Blockchains combine distributed computer networks and cryptography to make a better way of storing and proving who did what when. From a functional legal perspective, […]

Virtual Currencies – the Regulatory Challenges, by Ross Leckow

by Guest Blogger — Tuesday, June 6, 2017

People involved in FinTech live in a world of “what if?”, “how about?” and “why not?”. They gaze into an unknown future filled with unlimited possibilities for a more efficient and inclusive global financial system. But that future may also pose potentially devastating risks that are beyond the control of policy-makers. Nowhere is this dichotomy […]

Symposium Introduction: Why Does Blockchain Matter?, by Nancy Liao

by Guest Blogger — Monday, June 5, 2017

On March 3, 2017, industry leaders, policymakers, and academics converged at Yale Law School to discuss blockchain, a technology that some believe has the potential to disrupt current modes of providing core financial services and transacting in capital markets.  Over the course of the day, panelists debated the opportunities created by blockchain adoption, as well […]

APA Rulemaking Revision, Continued, by Ronald M. Levin

by Guest Blogger — Wednesday, Dec. 21, 2016

As part of this blog’s symposium on the ABA Section of Administrative Law and Regulatory Practice’s recent Report to the President-Elect, Bernie Bell has written a thoughtful commentary on the ABA’s 2016 proposals to revise the Administrative Procedure Act. I have something of a stake in those proposals, because I successfully presented them to the […]

Conclusion: Symposium on the ABA AdLaw Section’s 2016 Report to the President-Elect, by Emily Bremer and Paul Noe

by Emily Bremer — Friday, Dec. 16, 2016@emilysbremer

Over the last several weeks, we have hosted an online symposium on the 2016 Report to the President-Elect on Improving the Administrative Process, which was released by the ABA Section on Administrative Law and Regulatory Practice in advance of the presidential election. The symposium has generated a robust, diverse discussion of many of the recommendations […]

Regulatory Review for Independent Agencies, by Neomi Rao

by Guest Blogger — Wednesday, Dec. 14, 2016

The gap between textbook administrative law and actual practice exists in many areas, but perhaps nowhere more so than with respect to the so-called independent agencies. In theory, such agencies operate “independent” of the control and direction of the President. In practice, the White House has myriad mechanisms to oversee and even to control these […]

Promoting the Alternative to the Alternative to Courts, by Renée M. Landers

by Guest Blogger — Tuesday, Dec. 13, 2016

In A Report to the President-Elect of the United States 2016, the ABA’s Section of Administrative Law and Regulatory Practice calls attention to the opportunity to enhance to the efficiency of, and satisfaction with, the outcomes of agency adjudications by expanding the government’s commitment to using ADR techniques. Any discussion of ADR in the context […]