FinTech’s Promises and Perils

SYMPOSIUM EDITOR
Matthew Adam Bruckner
Howard University School of Law

Articles

The Promise and Perils of Algorithmic Lenders’ Use of Big Data
Matthew Adam Bruckner, Howard University School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 3 (2018)
Abstract: Tens of millions of Americans lack access to traditional forms of credit and must rely on payday and pawn loans instead. “Algorithmic lending 2.0” promises to enable fintech companies to lend to those excluded from traditional forms of credit. Continue—>

FinTech’s Double Edges
Christopher G. Bradley, University of Kentucky College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 61 (2018)
Abstract: This symposium essay examines the double-edged nature of financial technologies in financial transactions, especially transactions involving consumers. There are both benefits and risks—often undiscovered or hidden at first—in each new round of financial technologies. Continue—>

The Rise of Automated Investment Advice: Can Robo-Advisors Rescue the Retail Market?
Benjamin P. Edwards, William S. Boyd School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 97 (2018)
Abstract: Different types of financial advisers serve the massive and widely dispersed retail investment market. In a market riddled with conflicts of interests, many advisers exploit retail customers by pitching suboptimal products, leading to lower investment returns and lower overall growth—but also to greater profits for the financial advisers collecting kickback-style commissions. Continue—>

New Art for the People: Art Funds & Financial Technology
Brian L. Frye, University of Kentucky College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 113 (2018)
Abstract: Fine art sales have reached record levels, with the global art market achieving annual sales of over $60 billion. However, the art market is extremely risky and the most lucrative investment opportunities are typically at the high end of the market. Continue—>

Computer as Confidant: Digital Investment Advice and the Fiduciary Standard
Nicole G. Iannarone, Georgia State University College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 141 (2018)
Abstract: Digital investment advisers are the fastest growing segment of financial technology (fintech) and are disrupting traditional investment advisory delivery models. The computer-led investment advisory service model may be growing particularly quickly due to a confluence of social and political factors. Continue—>

FinTech: Antidote to Rent-Seeking?
Jeremy Kidd, Mercer University School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 165 (2018)
Abstract: Innovations in financial technology, or Fintech, has been ongoing for decades but has recently begun to accelerate. Some observers have argued that it will soon begin to outstrip the ability of regulators to keep pace. Continue—>

RegTech, Compliance and Technology Judgment Rule
Nizan Geslevich Packin, Baruch College, City University of New York
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 193 (2018)
Abstract: This Article focuses on the rise of Financial Technology, which revolutionized consumer financial service products, and challenged policymakers with regulating the rapidly evolving financial industry. In particular, it explores Regulatory Technology, also known as RegTech, which is the finance industry’s use of technology, especially information technology, in the context of regulatory monitoring, reporting and compliance. Continue—>

The Kenneth M. Piper Lecture

Survey of (Mostly Outdated and Often Ineffective) Laws Affecting Work-Related Monitoring
Robert Sprague, University of Wyoming
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 221 (2018)
Abstract: This article reviews various laws that affect work-related monitoring. It reveals that most of our privacy laws were adopted well before smartphones and the Internet became ubiquitous; they still hunt for physical secluded locations; and, because they are based on reasonable expectations of privacy, they can easily be circumvented by employer policies that eliminate that expectation by informing workers they have no right to privacy in the workplace. Continue—>

Student Notes & Comments

Time Bandits: The Seventh Circuit Gets It Wrong by Allowing Debt Purchasers to Escape FDCPA Liability for Filing Time-Barred Proofs of Claim in Chapter 13 Bankruptcies
Jeffrey Michalik, IIT Chicago-Kent College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 257 (2018)
Abstract: Debt purchasers can use debtors’ bankruptcies to profit from stale, otherwise unenforceable debt. Although state statutes of limitations bar legal enforcement of this debt, predictable breakdowns of the bankruptcy process mean that the debtor might be forced to pay anyway. Continue—>

Sick and Tired of Hearing about the Damn Bathrooms
Colin Pochie, IIT Chicago-Kent College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 281 (2018)
Abstract: Gavin Grimm’s struggle to access restrooms which align with his gender identity brought the plight of transgender students to the fore of national consciousness. With it came scrutiny of the judiciary’s historical failure to understand transgender individuals’ place in the law.
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