Scholarship
Books, articles, and working papers by Seth C. Oranburg on corporate law, fintech regulation, trade secrets, and the intersection of technology, markets, and legal design.
Featured Video
Chump Protection Technology — a talk on how law can protect ordinary people from exploitation in digital markets.
Books
Business Associations: Law of the Firm
Aspen Press (forthcoming 2027)
Protecting Trade Secrets
Carolina Academic Press (forthcoming 2026)
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Contract Law: Rules, Cases, and Problems
2d ed., Carolina Academic Press (2025)
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Questions & Answers: Business Associations
Carolina Academic Press (2024)
with John T. Rice and Douglas M. Branson
with John T. Rice and Douglas M. Branson
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A History of Financial Technology: From American Incorporation to Corporations and Crowdfunding
Cambridge University Press (2022)
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Recent Articles
Click any article to read the abstract.
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The GENIUS Dilemma: Innovation Versus Antifraud in Stablecoin RegulationStanford Journal of Blockchain Law & Policy (forthcoming 2026) | SSRNThis article examines the tension between promoting financial innovation and preventing fraud in stablecoin regulation, analyzing how the GENIUS Act attempts to balance these competing concerns in the emerging digital asset marketplace.
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The CLARITY Act: How Congress Will Transform Digital Asset MarketsReview of Banking and Financial Law – Boston University (forthcoming 2026) | SSRNThis article analyzes the proposed CLARITY Act and its potential to reshape digital asset regulation, examining how Congress's comprehensive framework would provide legal certainty for cryptocurrency markets while addressing key regulatory gaps.
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Function over Form: A Statutory Framework for Digital Asset RegulationLouisiana State University Law Review (forthcoming 2026) | SSRNThis article proposes a functional approach to digital asset regulation that focuses on economic substance rather than technical form, offering a comprehensive statutory framework that adapts traditional securities law principles to blockchain-based assets.
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Antitrust Law for Blockchain Technology49 Journal of Corporation Law 379 (2024) | Full TextThis article explores how traditional antitrust principles apply to decentralized blockchain networks, examining market power, coordination, and competition issues unique to distributed ledger technologies.
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Unintended Consequences of Mandatory ESG Disclosures77 Business Lawyer 697 (2023) | Full TextThis article examines how mandatory ESG disclosure requirements may produce unintended negative effects, including increased litigation risk and strategic gaming by corporations.
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The Gig Economy, Smart Contracts, and the Disruption of Traditional Work50 Journal of Legal Studies 219 (2021, with Liya Palagashvili) | Full TextThis article analyzes how blockchain-based smart contracts could transform gig economy labor relationships, raising new questions about worker protections and platform accountability.
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Hyperfunding: Regulating Financing Innovation89 Colorado Law Review 1033 (2018) | Full TextThis article introduces "hyperfunding"—the intersection of crowdfunding and cryptocurrency—and proposes a regulatory framework balancing innovation with investor protection.