# Case law `kaal:entity:case-law` **Status.** derived This node is assembled mechanically from the 8 claims that carry the concept tag `case-law`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself. ## Every claim under this term 8 claims across 6 works, 2004 to 2022. **2004** - [617681-018](https://wulfkaal.github.io/claims/617681-018) [mechanism/argued] -- Because the English common law system is gravitating toward a civil law approach that weights statutes more heavily than judicial interpretation, the value of a bundled package of statutes plus adjudication even in a European common law jurisdiction may not greatly exceed the value of the statutes standing alone. > The value of the "bundled package" of statutory law and adjudication provided by the state of incorporation even in a common law jurisdiction thus may not greatly exceed the value of the statutory law standing alone. Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681 **2016** - [2811718-006](https://wulfkaal.github.io/claims/2811718-006) [failure/argued] *(failure mode)* -- The existing resources fail on both sides: industry materials describe best practices without setting out the legal requirements for private fund due diligence, and the available case law provides only marginal guidance. > Available resources describe best practices but do not sufficiently outline the legal requirements pertaining to private investment fund due diligence.19 The available case law only marginally provides relevant guidance on private fund IDD. Wulf A. Kaal, Private Fund Investor Due Diligence – Evidence from 1995 to 2015 (2016). SSRN: https://ssrn.com/abstract=2811718 - [2811718-014](https://wulfkaal.github.io/claims/2811718-014) [design/argued] -- Litigation research on private fund due diligence requires in depth evaluation of case dockets rather than only published judicial decisions, because opinions are snapshots that do not tell the whole story of a case. > Litigation research requires an in-depth evaluation of case dockets rather than published judicial decisions. Wulf A. Kaal, Private Fund Investor Due Diligence – Evidence from 1995 to 2015 (2016). SSRN: https://ssrn.com/abstract=2811718 - [2811718-015](https://wulfkaal.github.io/claims/2811718-015) [empirical/evidenced] -- Legal decisions involving private fund due diligence increased substantially after 2005 and especially after 2008, and the broad, narrow, and hand selected case categories all increased consistently with a slight lapse in 2014. > Figure 3 shows that the legal decisions involving private fund due diligence have substantially increased since 2005, but especially since 2008. Cases involving IDD in the broad, narrow, and selected case categories all consistently increased overall, with a slight lapse in 2014. Wulf A. Kaal, Private Fund Investor Due Diligence – Evidence from 1995 to 2015 (2016). SSRN: https://ssrn.com/abstract=2811718 **2017** - [2992962-010](https://wulfkaal.github.io/claims/2992962-010) [empirical/evidenced] -- The authors treat the near absence of decided case law on crypto smart contracting disputes as evidence that the existing legal infrastructure is too far removed from crypto dispute resolution, or incapable of adequately addressing the disputes crypto transactions generate. > We see this lack of existing case law in the context of crypto smart contracting disputes as evidence that the existing legal infrastructure may be too far removed from crypto dispute resolution or incapable of adequately addressing the types of disputes generated by crypto transactions. Wulf A. Kaal, Craig Calcaterra, Crypto Transaction Dispute Resolution (2017). SSRN: https://ssrn.com/abstract=2992962 - [2998033-009](https://wulfkaal.github.io/claims/2998033-009) [empirical/evidenced] -- As of the publication of this article, a review of published court opinions showed that no court had reviewed, assessed, or scrutinized the uses and applications of blockchain technology. > However, a review of published court opinions suggests that no court at the time of publication of this article had to review, assess, or scrutinize the uses and applications of blockchain technology. Wulf A. Kaal, Blockchain Innovation for Private Investment Funds (2017). SSRN: https://ssrn.com/abstract=2998033 - [3002908-008](https://wulfkaal.github.io/claims/3002908-008) [empirical/evidenced] *(failure mode)* -- As of publication, no American or European court had recognized blockchain technology or scrutinized its applications, leaving it unclear how courts will treat the technology. > American and European courts have not yet recognized blockchain technology or addressed its applications.. A review of published court opinions suggests that no court at the time of publication of this article had to review, assess, or scrutinize the uses and applications of blockchain technology. Wulf A. Kaal, Marco Dell'Erba, Blockchain Innovation in Private Investment Funds - A Comparative Analysis of the United States and (2017). SSRN: https://ssrn.com/abstract=3002908 **2022** - [4021599-029](https://wulfkaal.github.io/claims/4021599-029) [predictive/speculative] -- As the digital asset industry matures, the distinguishing features between token categories and the associated case law will likely increase and provide more guidance to market participants. > As the industry matures, the distinguishing features and associated case law will likely increase and provide more guidance to market participants. Wulf A. Kaal, Securities Versus Utility Tokens (2022). SSRN: https://ssrn.com/abstract=4021599 ## Verify Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust. curl -s https://wulfkaal.github.io/entities/case-law.md | sha256sum **Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.