Article 12 and the Negotiability of Cryptocurrencies

In July 2022, the Uniform Law Commission published its proposed changes to the Uniform Commercial Code. Central to those changes was the creation of Article 12: a new article intended to govern cryptocurrencies, among other things. The changes, if adopted by states, will steer cryptocurrencies towards the type of negotiability common for instruments under Article 3—a result likely to encourage the use of cryptocurrencies as security devices and concomitantly improve their marketability. This article argues that is a positive movement, and states should adopt the Revisions

Classroom

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When Commanders Decide: Military Prosecutorial Decision-Making in Sexual Assault Cases

Congress enacted legislation that went into effect in 2023, which transferred prosecutorial decision-making for serious cases, including sexual assault, from Commanders to military lawyers. While there is some research on the military’s criminal justice system that supports shifting the decision-making to military lawyers, there is a large body of research that suggests lawyers, too, suffer from similar impediments when handling decision-making for sexual assault cases. In the wake of this new amendment, it is important to continue assessing how the change will impact case processing, by first clearly understanding what was happening when Commanders had complete authority. This article explores a sample of sexual offense cases by analyzing the variables that increased the likelihood that a Commander would criminally charge a sexual assault case. The results support the conclusion that Commanders charged cases based on the Seriousness of the Offense, the Strength of the Evidence, and the Victim’s1 Preference. However, the findings also reveal that Commanders incorporate Blame and Believability on the part of the victim when assessing whether to fire a servicemember; accused servicemembers are less likely to face separation when victim blame factors increase and believability factors decrease

One Hundred & Thirty-Eighth Spring Commencement (2024)

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Can the General Assembly Turn Back the Hands of Time? \u3cem\u3eMcKinney v. Goins\u3c/em\u3e and the Constitutionality of the Revival Provision in North Carolina\u27s SAFE Child Act

This Comment analyzes the current debate over the constitutionality of the SAFE Child Act’s “Revival Provision” under the North Carolina Constitution through the case McKinney v. Goins and argues why the North Carolina Supreme Court should find the “Revival Provision” constitutional

Difficult and Novel Legal Issues Explored by the Students Who Represented the University of Bucharest in the 2023-2024 Edition of the Willem Vis Moot Court Competition

This article provides an overview of the Willem Vis International Commercial Arbitration Moot in general and of the novel and difficult legal issues raised by the 2023-2024 moot Problem. On the merits, the main legal issues involved liability for misdirected payments as a result of cyberattacks and the existence of an obligation of information and/or good faith in the performance of a contract between commercial parties to a contract governed by the CISG. The procedural issues concerned the mechanisms for adding a new claim after the signature of the Terms of Reference and/or for consolidating two arbitrations, under the ICC Rules, in the presence of several arbitration agreements, comprising a clause included in a framework agreement and clauses included in specific purchase orders under the umbrella of that framework agreement