Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 6 of 6)

In the final segment of his six-part series, Professor Ari Gabinet compares the ongoing SEC v. Ripple Labs case against the Kik case. He concludes the series by calling for a consistent regulatory model for cryptocurrency. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 5 of 6)

In the fifth piece of his six-part series, Professor Ari Gabinet analyzes the role of Kin’s contract in determining whether it is a security. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.

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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 4 of 6)

In the fourth part of his six-part series, Professor Ari Gabinet analyzes Kin’s status as a security based on the ramifications of the Howey test. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 3 of 6)

In the third segment of his six-part series, Professor Ari Gabinet discusses the application of the Howey test in the case of digital currency utilized by instant messaging service Kik to build out its blockchain. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.



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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 2 of 6)

In this second installation in his six-part series, Professor Ari Gabinet details the Howey test, a legal standard used to evaluate whether a transaction constitutes an investment contract. Professor Gabinet draws on his expertise in securities law, accrued through experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Digital Assets—Investment Contracts or Howey Test Unicorns? (Part 1 of 6)

In this first segment of a six-part series, Professor Ari Gabinet begins to outline how digital assets such as cryptocurrencies and NFTs conform—or fail to conform—with the SEC’s current regulator framework. Professor Gabinet is an expert in securities law, drawing from experience as a private practice litigator, a private sector in-house counsel, and as a district administrator of the SEC.


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Fetal Heartbeats, Civil Enforcement and Standing Under the Texas Constitution

In his article, Professor Ari Gabinet argues that the issue of plaintiff’s standing to bring suit in state court may be central to countering the recent Texas abortion statue. Professor Gabinet explores how a recent Supreme Court decision, Transunion LLC. v. Ramirez, limits the use of private causes of action, the avenue created by the Texas legislature to curtail abortions.


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The Constitutionality of Torture: An Unresolved Controversy

The Framers curiously left the word “torture” out of the written Constitution. Consequently, a fervent legal debate over the enigmatic meaning of the Eighth Amendment continues to rage on. This article outlines some cogent arguments both for and against the constitutionality of torture and concludes with a realistic policy compromise inspired by act utilitarianism ethical theory.

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President Biden on Immigration: Creating Hope for Rhode Island Immigrants or a Continuation of the "Deporter-In-Chief" Persona?

As President Joe Biden has settled into his first 100 days in office, Rhode Island immigrants and immigrants’ rights advocates have expressed excitement over the Biden Administration’s push to reverse immigration policies enacted under the Trump Administration. This excitement could soon be tempered, however, as Biden advocates for policies that may more closely align him with the “Deporter-in-Chief” persona of his predecessors.

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Legislation Trailing Advances in Health Research in Consumer Tech

Mobile devices, and consumer technology generally, is becoming the next platform for clinical research, but it is associated with increased risks and liability for participants. This technology includes smartphones and wearable devices that have the ability to track health metrics. Consequently, relevant legislation must increase in scope and magnitude to ensure the security and privacy of patient data on consumer technology platforms that are continuously evolving.

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