Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity

Arcari Note


Blockchain technology is increasingly permeating the everyday lives of countless people. Applications of the cutting-edge technology range from secured banking to tracking mortgage titles. A particular blockchain technology, dubbed “smart contracts,” has the potential to revolutionize how individuals and companies securely contract with each other. Smart contracts, however, are not widely employed, mainly because potential users are uncertain of their enforceability as contracts under existing state contract laws. Similar skepticism slowed the acceptance of electronic signatures in the late 1990s, but was resolved ultimately through a model uniform act recognizing electronic signatures’ effectiveness across interstate borders. This Note proposes a similar solution for smart contracts based on a review of current state legislative developments and existing laws regulating blockchain technology.

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Fordham Journal of Corporate & Financial Law