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Sarah Jane Hughes

Faculty bibliography for Professor Hughes

Publications

Sarah Jane Hughes

University Scholar and Fellow in Commercial Law


Books

RFIDS, NEAR-FIELD COMMUNICATIONS, AND MOBILE PAYMENTS: A GUIDE FOR LAWYERS, (Ed. with Candace Jones & Stephen T. Middlebrook) Chicago: American Bar Association, 2013.

RESPONDING TO NATIONAL SECURITY LETTERS, A PRACTICAL GUIDE FOR LEGAL COUNSEL (with David Fidler). Chicago: American Bar Association, 2009. [SSRN]

Articles

Conceptualizing the Regulation of Virtual Currencies and Providers: Friction Points in State and Federal Approaches to Regulating Providers of Payments Execution and Custody Services and Products in the United States67 CLEVELAND STATE LAW REVIEW 43 (2019). [HeinOnline]

"Gatekeepers" Are Vital Participants in Anti-Money-Laundering Laws and Enforcement Regimes as Permission-less Blockchain-Based Transactions Pose Challenges to Current Means to "Follow the Money"27 GEORGE MASON LAW REVIEW (Forthcoming 2019). [SSRN]

Developments in the Law Affecting Electronic Payments and Financial Services (with Stephen T. Middlebrook and Tom Kierner), 74 THE BUSINESS LAWYER 267 (2018/19). [HeinOnline]

More Steps Toward Fully Electronic Interbank Check Collection and Return: Amendments to Federal Reserve Board Regulation CC and and a Regulatory Resolution of a Circuit Court Split, 48 UNIFORM COMMERCIAL CODE LAW JOURNAL 399 (2019).

Property, Agency, and the Blockchain: New Technology and Longstanding Legal Paradigms65 WAYNE LAW REVIEW 57 (2019). [HeinOnline]

Two Steps Forward, One Step Back: Developments in the Law Affecting Electronic Payments and Financial Services (with Stephen T. Middlebrook and Tom Kierner), 73 THE BUSINESS LAWYER 277 (2017/18). [HeinOnline]

Developments in the Law Affecting Electronic Payments and Financial Services (with Stephen T. Middlebrook and Tom Kierner), 72 THE BUSINESS LAWYER 255 (2017). [HeinOnline]

Developments in the Law Affecting Electronic Payments and Financial Services (with Stephen T. Middlebrook), 71 THE BUSINESS LAWYER 361 (2016). [HeinOnline]

The Iran Deal and OFAC Regulations: What to Tell Clients about Potential Liability, 2016 BUSINESS LAW TODAY 1 (Feb. 2016). [HeinOnline]

Advancing a Framework for Regulating Cryptocurrency Payments Intermediaries (with Stephen T. Middlebrook), 32 YALE JOURNAL ON REGULATION 496 (2015). [HeinOnline] [SSRN]

Are These Game Changers? Developments in the Law Affecting Virtual Currencies, Prepaid Payroll Cards, Online Tribal Lending, and Payday Lenders, (with Stephen T. Middlebrook), 70 BUSINESS LAWYER 261 (2014/15). [HeinOnline]

Did New York State Just Anoint Virtual Currencies by Proposing to Regulate Them, or Will Regulation Spoil Them for Some?, 71 WASHINGTON AND LEE LAW REVIEW ONLINE 51 (2014). [HeinOnline]

Did the National Security Agency Destroy the Prospects for Confidentiality and Privilege When Lawyers Store Clients' Files in the Cloud--and What, if Anything, Can Lawyers and Law Firms Realistically Do in Response? 41 NORTHERN KENTUCKY LAW REVIEW 405 (2014). [HeinOnline] [SSRN]

Privacy and Data Security and Virtual Currencies: A Complex of Domestic and Foreign Compliance Standards and Issues to Consider, 13 PRIVACY AND SECURITY LAW REPORT 1933 (Nov.10, 2014).

Regulating Cryptocurrencies in the United States: Current Issues and Future Directions, (with Stephen T. Middlebrook), 40 WILLIAM MITCHELL LAW REVIEW 813 (2014). [HeinOnline] [SSRN]

Virtual Uncertainty: Developments in the Law of Electronic Payments and Financial Services (with Stephen T. Middlebrook), 69 THE BUSINESS LAWYER 263 (2013). [HeinOnline] [SSRN]

L'Embarras du Choix: A Year of Developments in the Laws Affecting Remittance Transfers, Credit Cards, and Certain Prepaid Cards, 68 BUSINESS LAWYER 233 (2012). [HeinOnline]

Developments in the Laws Governing Electronic Payments, 67 BUSINESS LAWYER 259 (2011). [HeinOnline]

Red Skies in the Morning—Professional Ethics at the Dawn of Cloud Computing (with Roland L. Trope), 38 WILLIAM MITCHELL LAW REVIEW 111 (2011). [HeinOnline]

The SEC Staff's "Cybersecurity Disclosure" Guidance: Will It Help Investors or Cyber-thieves More?, (with Roland L. Trope), 2011 BUSINESS LAW TODAY 1 (Dec. 19, 2011). [HeinOnline]

Developments in the Laws Governing Electronic Payments Made Through Gift Cards, Debit and Prepaid Cards, Credit Cards, and Direct Deposits of Federal Benefits (with Stephen T. Middlebrook), 66 BUSINESS LAWYER 159 (2010). [HeinOnline]

Payments Data Security Breaches and Oil Spills: What Lessons Can Payments Security Learn from the Laws Governing Remediation of the Exxon Valdez, Deepwater Horizon, and Other Oil Spills?, 5 BROOKLYN JOURNAL OF CORPORATE, FINANCIAL & COMMERCIAL LAW 111 (2010). [HeinOnline]

Federal Payroll, Gift, and Prepaid Card Developments: FDIC Deposit Insurance Eligibility and the Credit CARD Act of 2009, 65 BUSINESS LAWYER 261 (2009). [HeinOnline] [SSRN]

Some Basic Concerns about the CFPA Legislation and a Partial Response to Professor Bar-Gill’s “The Consumer Financial Protection Agency: Sorting the Critiques”, 1 LOMBARD STREET 31 (2009).

Developments in the Laws Affecting Electronic Payments and Stored-Value Products: A Year of Stored-Value Bankruptcies, Significant Legislative Proposals, and Federal Enforcement Actions (with Stephen T. Middlebrook and Patricia J. Allouise), 64 BUSINESS LAWYER 219 (2008). [HeinOnline]

Duty Issues in the Ever-Changing World of Payments Processing: Is It Time for New Rules?, 83 CHICAGO-KENT LAW REVIEW 721 (2008). [HeinOnline] [SSRN]

Developments in the Law Concerning Stored-Value and Other Electronic Payment Products (with Stephen T. Middlebrook and Broox W. Peterson), 63 BUSINESS LAWYER 237 (2007). [ HeinOnline]

Developments in the Law Concerning Stored Value and Other Prepaid Payment Products (with Stephen T. Middlebrook and Broox W. Peterson), 62 BUSINESS LAWYER 229 (2006). [HeinOnline]

A Case for Regulating Cyberpayments, 51 ADMINISTRATIVE LAW REVIEW 809 (1999). Reprinted in THE BEST IN E-COMMERCE LAW: THE FULL TEXT OF INSIGHTFUL ARTICLES TO HELP YOU OPERATE PROFITABLY ON THE INTERNET AND MANAGE THE LEGAL RISKS OF E-COMMERCE (Warren E. Agin, Ed.), New York: Bowne, 2001.

A Call for International Legal Standards for Emerging Retail Electronic Payments Systems, 15 ANNUAL REVIEW OF BANKING LAW 197 (1996). [HeinOnline]

Banking and Deposit Insurance: An Unfinished Agenda for the 1990s, 68 INDIANA LAW JOURNAL 835 (1993). [HeinOnline]

Policing Money Laundering Through Funds Transfers: A Critique of Through Funds Transfers—A Critique of Bank Secrecy Act Regulation, 67 INDIANA LAW JOURNAL 283 (1992). [HeinOnline]

Book Chapters

Above, Beyond, and Around the ABA's 2012 Model Rules of Professional Conduct: Growing On- and Off-shore and Low-tech Challenges for U.S. Lawyers and Law Firms Using Cloud Computing, in CLOUD 3.0: DRAFTING AND NEGOTIATING CLOUD COMPUTING AGREEMENTS. Chicago: American Bar Association, 2019.

Substitutes for Legal Tender: Lessons from History for the Regulation of Virtual Currencies (with Stephen T. Middlebrook) in RESEARCH HANDBOOK ON ELECTRONIC COMMERCE LAW (John A. Rothchild, Ed.). Cheltenham, UK: Edward Elgar Pub., 2016. [SSRN]

Emerging Issues Affecting Mobile Payments, the Internet of Things, and Other Uses of Radio Frequency Identification Devices and Near-Field Communications and Conclusion in RFIDS, NEAR-FIELD COMMUNICATIONS, AND MOBILE PAYMENTS: A GUIDE FOR LAWYERS, (Sarah Hughes, Candace Jones, & Stephen T. Middlebrook, Eds.) Chicago: American Bar Association, 2013.

Non-U.C.C. Payment Methods (with Fred H. Miller, et. al.) in HAWKLAND'S UNIFORM COMMERCIAL CODE SERIES v. 10A. Eagan, MN: Thomson Reuters, 2008. Annual Supplements: 2009-2016.

Overview of Electronic Payment Regulation in the United States (with Stephen T. Middlebrook), in E-PAYMENTS: LAW AND REGULATION (Thaer Sabri, Ed.). Oxford: Oxford University Press, 2008.

Law Enforcement Monitoring of Electric Payments Systems, in PRIVACY IN ELECTRONIC COMMERCE: A COMPENDIUM OF ESSAYS ON THE USE OF INFORMATION (L. Richard Fischer, Ed.). Washington, DC: American Bankers Association, 1997.

Editorials & Commentaries

Hitch in the Deal with Iran (with Roland L. Trope), THE HILL (Sept. 14, 2015).

Other Publications

UNIFORM SUPPLEMENTAL COMMERCIAL LAW FOR THE UNIFORM REGULATION OF VIRTUAL-CURRENCY BUSINESSES ACT (with Fred Miller, et. al.). Louisville, KY: National Conference of Commissioners on Uniform State Laws, 2018.