Publication
2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Blockchain law: Can there be law without people?
New York Law Journal
Two seemingly unrelated recent developments in the world of blockchain are now posing the same odd question: Can there be law without people?
Blockchain technology has enabled a world of “smart contracts”—programs stored on the blockchain that automatically run and carry out predetermined tasks when predetermined conditions are met. These smart contracts are often integrated with so-called decentralized autonomous organization (DAOs), loose groups of tokenholders who effectuate decision making through software protocols.
Can DAOs, natural persons or other legal entities be held legally responsible when outcomes that are caused or enabled by those “smart contracts” are ones that society seeks to prevent and hold unlawful? Or is no one legally responsible, so that whatever these “smart contracts” might do is simply beyond the power of the institution of the law to remedy or prevent?
Robert A. Schwinger explores recent developments in this edition of his New York Law Journal Blockchain law column.
Download the full New York Law Journal article, "Can there be law without people?"
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Key takeaways from the G7 Competition Summit on Artificial Intelligence
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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