No. 3

Coin-Operated Capitalism Appendix C

Shaanan Cohney,* David Hoffman,** Jeremy Sklaroff *** & David Wishnick ****

wwwww wwwww wwwww wwwww ICO Name Supply Claims Burning Claims Vesting Claims Modification Claims Filecoin Sale Cap: ​200,000,000 “Q: What happens if less than 200mm tokens are sold? Do they get burnt? If not, who owns them?A: . . . We will split all rescale_spansing tokens as follows: We will first apply the rescale_spansder to pay for […]

COIN-OPERATED CAPITALISM

Shaanan Cohney,* David Hoffman,** Jeremy Sklaroff *** & David Wishnick ****

This Article presents the legal literature’s first detailed analysis of the inner workings of Initial Coin Offerings (ICOs). We characterize the ICO as an example of financial innovation, placing it in kinship with venture capital contracting, asset securitization, and (obviously) the IPO. We also take the form seriously as an example of technological innovation, in which promoters are beginning to effectuate their promises to investors through...

Diagnostic tests are often patented using broad method claims, which allow inventors to secure the greatest possible protection for their inventions. However, several recent Supreme Court and Federal Circuit cases invalidated broad diagnostic method claims under 35 U.S.C. § 101, holding that the claims were directed to unpatentable abstract ideas, natural laws, or natural phenomena. In light of these decisions, the continued...

Most state and federal employment discrimination statutes prohibit employers from making certain decisions “because of” an employee’s protected characteristics or activities. Courts interpreting this language have developed a number of frameworks and standards to assess whether a plaintiff has demonstrated the causation required to make out a claim of employment discrimination. Two standards frequently invoked by courts are but-for causation...

ANTI-SANCTUARY AND IMMIGRATION LOCALISM

Pratheepan Gulasekaram,* Rick Su ** & Rose Cuison Villazor ***

A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government’s efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, localities have mainly prevailed against this federal anti-sanctuary campaign, relying on federalism protections afforded by the Tenth Amendment’s anticommandeering...

The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates an important phenomenon in American politics, but it obscures a crisis in American democracy. In baseball, hardball encompasses legitimate tactics: pitching inside to brush a batter back but not injure, hard slides, hard tags. Baseball fans celebrate hardball. Many of the constitutional hardball maneuvers previously identified by scholars have...

LIFE AFTER JANUS

Aaron Tang *

The axe has finally fallen. In Janus v. American Federation of State, County, & Municipal Employees, Council 31, the Supreme Court struck down the major source of financial security enjoyed by public-sector unions, which represent nearly half of the nation’s fifteen million union members. Countless press stories, law review articles, and amicus briefs have criticized and defended this outcome.

This Article has a different...