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"Cryptoassets represent one of the most high-profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium, and Ripple's XRP -- so called 'utility tokens' used to access financial services -- to initial coin offerings that in 2017 rivaled...
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"The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are...
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An increasingly common response by regulators to what they view as undesirable market trends or challenges has been a sharp turn towards litigation to introduce novel legal theories and frameworks that could have been the product or subject of legislative or administrative rulemaking. The...
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This essay, written on the occasion of the 90th anniversary of the creation of the Bank for International Settlements, argues that soft law's origins in financial regulation lay in the particular institutional evolution of the BIS prior to the articulation of bank capital standards. As will be...
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Disclosures in initial coin offerings (ICOs) have ranged widely from informative to incomplete to fraudulent. Consequently, advocates for the investing public have, understandably, called for the registration of ICOs as securities to facilitate better disclosures. As this article shows, however,...
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