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Can the President Do That? Understanding Trump’s threat to freeze Harvard’s funds.
Blog post exploring Trump funding freeze at Harvard.
The “Howey” test and the Term “Investment Contract”
For years, courts viewed the “Howey” test as clear guidance as to whether a particular asset or investment was a security. Now, recent inconsistent decisions, particularly in the crypto space, have questioned that clear guidance. The effect is a rekindling the debate as to whether the term “investment contract” is void for vagueness because it fails to give people and businesses a reasonable answer as to what is or is not a security.