Adapting Mintzberg’s organizational theory to DeSci: the decentralized science pyramid framework (2024)
What influence do decentralised forms of organisation have on the financing and organisation of science & research? I was able to support Lukas Weidener and others in answering this question last year. The result has now been published on Frontiers in Blockchain and can finally be read and discussed.
Dezentrale autonome Organisationen – Organisationsform der Zukunft? (2022 – Editor)
I had the privilege of being the editor-in-chief of the focus issue of Rethinkinglaw on the topic of my heart and dissertation, DAOs. My goal was to give the general legal public a deep insight into how this new form of organization works, to present actual use cases, and not just to address the often abstract legal problems.
On the cover you see numerous Jerrys trying to buy an NBA team together. What exactly Jerrys are and why they want to buy an NBA team, you can read in the interview with KrauseHouse creator Commodore. Readers will also learn from Benjamin Strasser what the German government is planning to digitize corporate law and get an incredibly exciting insight into the work of a crypto lawyer in an interview with Silke Noa. You can buy the magazin here.
Vier Wellen digitaler Währungen und die Zukunft des Geldes (2021)
The rise of digital currency has changed the financial world within a very short time. Established business models are facing new challenges. Often, the entire development is reduced to a single cryptocurrency: Bitcoin. But since the emergence of this first digital currency, which enables direct transactions between private individuals, numerous other digital currencies have emerged. This policy paper outlines the emergence of different types of digital currencies in four waves and offers policy recommendations to shape their future development. You can download the paper in german or the update english version for free.
SmartContracts in der Unternehmensleitung (2020)
In December 2020 I was a speaker at the annual legal conference of the Fredrich Naumann Foundation for Freedom and presented my paper on the usage of smart contracts for coordinating intra-firm activity. In the paper, I argue that we should grant certain combinations of smart contracts a legal status to utilize them for welfare gains. The presented paper can be found in the conference volume: Mirko Andreas Bange: Rechtsfragen zum gesellschaftlichen und wirtschaftlichen Wandel im Jahr 2020 – Tagungsband Liberale Rechtstagung 2020, Cuvillier Verlag Göttingen (2020), ISBN 978-3-7369-7295-7, S.49 – 68.
The EU Directive on the Single Digital Market and its Influence on the Freedom of Expression (2019)
This paper from September 2019 deals with Article 15 (former Article 17 known as the uploadfilter-paragraf) of the (EU) Directive 2019/790 on copyright and related rights in the digital single market and its influence on the freedom of expression. In this paper I argue that Article 15 will lead to an implicit duty for social media platforms to include automated filter technology which will harm the freedom of expression of the users. You can read the paper here.
Sollte ein Halbvermögensschonung bei existenzbedrohenden Haftungsgefahren für Vorstände zulässig sein? (2017)
The paper addresses the question of whether half-asset protection should be permissible for board members in the case of liability risks that threaten their existence. I used the tools of the functional corporate law theory to assess the influence of liability enforcement on managerial behavior. You can purchase the publication here.
Reputation als Grundlage von Vorstandsentscheidungen bei der Aktiengesellschaft (2015)
The paper deals with the relevance of reputation as decision criterion for the management of public companies. In it I argue, that boards should and maybe have to take the company’s reputation into account and basing decision on reputational factors is covered by the business judgement rule. You can purchase the publication here.