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Crypto-Asset Market Abuse Under EU MiCA
co-authored with André de Gândara Gomes The new EU Markets in Crypto-Assets Regulation (‘MiCA’) emphasizes the prevention of market abuse as one of its five main objectives. This paper critically analyzes MiCA’s provisions on market abuse (Title VI), applying the new rules to the primary categories of crypto-asset market integrity risks to provide a coherent interpretation.
Battle of the Crypto Bots: Automated Transaction Copying in Decentralized Finance
co-authored with Alex Sarch and Natasha Vasan Markets built on public, permissionless blockchains like Ethereum are radically transparent. This creates opportunities and strategies that are rarely, if ever, seen in traditional markets.
Blockchain Transaction Ordering as Market Manipulation
co-authored with Alex Sarch and Natasha Vasan See also the response by Salman Banaei (Head of Policy, Uniswap) MEV is often condemned. Techniques like “sandwich attacks” which involve trading ahead of other users' trades, have been described as toxic, fraudulent, manipulative – even theft.
Minimizing Privacy Risks in Regulating Digital Platforms: Interoperability in the EU DMA
I analyze some of the provisions included in the proposed EU Digital Markets Act (“DMA”). The DMA purports to benefit consumers and …
Cart challenges, empirical methods, and effectiveness of judicial review
This paper tackles the question of methodological standards in public law scholarship, showing the perils of the current issues with …
Cart judicial reviews through the lens of the Upper Tribunal
Cart judicial reviews constitute the largest single group of claims for judicial review in the High Court. However, they are difficult …
Constituent Power and Constituent Authority
My aim in this Paper is to analyze Professor Richard Kay’s notion of ‘constituent authority’ within H. L. A. Hart’s model of …
Teaching technology to (future) lawyers
The paper offers a reflection on how applications of computer technology (including data analytics) are and may be taught to (future) …
The Illuminati Problem and Rules of Recognition
How to distinguish law from non-legal but systematic and rule-guided practices of legal officials? This issue features prominently in …
The Limits of Natural Law Originalism
In “Enduring Originalism,” Jeffrey Pojanowski and Kevin C. Walsh outline how originalism in constitutional interpretation can be …