Blockchain Contract Law Bibliography

Nov 23, 2019 · 4 min read

Below is a collection of some Crypto Law Review articles exploring questions of contract law. (In reverse chronological order — most recent above, latest below.)

  1. Contract Law Around the World (November 22, 2019) (4m) (summary of K formation elements & standards from several jurisdictions, and intro to Schlesinger’s functionalist comparative law methodology)
  2. Contract Formation Under US Law (November 22, 2019) (12m) (intro to mutual assent & objective theory of K formation, without coverage of consideration)
  3. How to Form a Contract Under English Law? (November 21, 2019) (7m) (intro to K formation basics under English/Welsh law by reference to UK Jurisdiction Taskforce Legal Statement on Cryptoassets & Smart Contracts)
  4. The Myth of ‘Self-Enforcing’ Contracts (October 29, 2019) (11m) (analyzing usage of ‘self-enforcing contract’ terminology by economists like Hart & Holmström, and providing a legal realist critique of the risks of ‘self-enforcing contract’ rhetoric)
  5. Who Owns the Libra Association? (October 24, 2019) (5m) (basic textual analysis can expose patent and latent contractual ambiguities of great importance)
  6. Crypto Delisting Law & Policy (April 17, 2019) (6m) (what’s the scope of exchanges’ rights to delist previously-listed tokens?)
  7. Legal Frameworks for PoW → PoS (February 26, 2019) (17m) (before understanding the contract implications of PoS, we should ask a threshold question: what are all the different *potential* contractual lines of obligation between different PoW actors?)
  8. Are “Smart Contracts” Legal? (February 26, 2019) (1m) (quick-n-easy chart answering the question that everyone wants to make harder than it really is: are so-called SCs legal [contracts]? Answer: maybe. Deal with it!)
  9. Crypto’s Founding Fallacy (January 31, 2019) (26m) (critique of Szabo & progeny’s doctrinally-flawed and subjective conception of contract formation, with survey of negative consequences traceable directly to these misconceptions)
  10. Mattereum Litepaper {Pros & Cons} (November 1, 2018) (12m) (how some blockchain teams are trying to ‘contractize’ — and thereby, globalize — local property law)
  11. Why’s Szabo Afraid of “Smart Contract” Critiques? (October 16, 2018) (23m) (do you want to know how ‘smart contracts’ are enforced? So do we. We asked Szabo, realized he doesn’t know, and got blocked — lol)
  12. Crypto Debt Collection (October 1, 2018) (10m) (should you borrow or lend crypto if you don’t know how that debt instrument is going to be enforced?)
  13. Crypto Maximalism = RoboCops (August 28, 2018) (14m) (the only way “smart contracts” can be said to be “self-enforcing” is if enforcement is done by autonomous robotic law en-force-ment mechanisms — eg RoboCop; seems like SciFi FUD, until one realizes that #AutoRepoAuto & self-locking apartments were Szabo’s original SC illustrations)
  14. #CodeIsLaw … Maybe (August 24, 2018) (9m) (was the coder who pulled The DAO exploit an ‘attacker,’ a ‘hacker,’ a ‘breaching K party,’ or a non-breaching party of a #CodeIsLaw ‘contract’ — ?)
  15. Against “Smart Contracts” (July 14, 2018) (17m) (efforts by states to ‘legalize’ smart contracts via so-called “smart contract legislation” are only making things worse because they add to conceptual incoherence: the blockchain developers must demand coherence from themselves, first and foremost, because neither lawyers nor legislators are necessarily interest-aligned in producing the elusive elixir known as ‘legal certainty’ aka ‘regulatory clarity’).
  16. Contract Law Primer for DLT/Crypto (July 11, 2018) (18m) (Stormy Daniels helps explain the intersection of ‘smart contract’ ~ contract).
  17. Is Stanford’s Center for Blockchain Research Legal? (July 28, 2018) (11m) (when blockchain crews want to get together and form a pool or cartel of some sort, do they do that through contract or … ‘smart contract’ — ?)

And now, a cascade from oldest to youngest — yay!

Crypto Law Review

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