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Law and Blockchains

In: The Palgrave Handbook of Technological Finance

Author

Listed:
  • Stephen McKeon

    (University of Oregon)

  • Derek Edward Schloss

    (Collab+Currency)

Abstract

Digital currency is both global and decentralized and existing legal structures do not always map cleanly to this new technology. Further, digital currency is just one of many types of assets that will be recorded and transferred on blockchains. In this chapter, we review the literature on various aspects of the legal environment around blockchain applications such as smart contracts, cryptocurrencies, tokenized securities, and decentralized autonomous organizations (DAOs). We synthesize how these novel structures and assets are treated with regard to tax law, intellectual property (IP) law, and securities law. We focus primarily on U.S. law, but comment on the global legal environment where applicable.

Suggested Citation

  • Stephen McKeon & Derek Edward Schloss, 2021. "Law and Blockchains," Springer Books, in: Raghavendra Rau & Robert Wardrop & Luigi Zingales (ed.), The Palgrave Handbook of Technological Finance, pages 311-335, Springer.
    • Handle: RePEc:spr:sprchp:978-3-030-65117-6_13
    DOI: 10.1007/978-3-030-65117-6_13
    as

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    References listed on IDEAS

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    1. Michael J. Barclay & Terrence Hendershott, 2004. "Liquidity Externalities and Adverse Selection: Evidence from Trading after Hours," Journal of Finance, American Finance Association, vol. 59(2), pages 681-710, April.
    2. Kenneth S. Rogoff, 2016. "The Curse of Cash," Economics Books, Princeton University Press, edition 1, number 10798.
    3. David Yermack, 2017. "Corporate Governance and Blockchains," Review of Finance, European Finance Association, vol. 21(1), pages 7-31.
    4. Ritter, Jay R., 1987. "The costs of going public," Journal of Financial Economics, Elsevier, vol. 19(2), pages 269-281, December.
    5. Sean Foley & Jonathan R Karlsen & Tālis J Putniņš, 2019. "Sex, Drugs, and Bitcoin: How Much Illegal Activity Is Financed through Cryptocurrencies?," The Review of Financial Studies, Society for Financial Studies, vol. 32(5), pages 1798-1853.
    6. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    7. Michael J. Barclay, 2003. "Price Discovery and Trading After Hours," The Review of Financial Studies, Society for Financial Studies, vol. 16(4), pages 1041-1073.
    8. Bekaert, Geert, 1995. "Market Integration and Investment Barriers in Emerging Equity Markets," The World Bank Economic Review, World Bank, vol. 9(1), pages 75-107, January.
    9. Michel Rauchs & Andrew Glidden & Brian Gordon & Gina Pieters & Martino Recanatini & Francois Rostand & Kathryn Vagneur & Bryan Zhang, 2018. "Distributed Ledger Technology Systems. A Conceptual Framework," Cambridge Centre for Alternative Finance Reports 201810-dlts, Cambridge Centre for Alternative Finance, Cambridge Judge Business School, University of Cambridge.
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