Stablecoins, the US GENIUS Act and the European Regulation (MiCAR)

This episode discussed an academic essay that compares two major legislative frameworks—the European Union’s Markets in Crypto-Assets Regulation (MiCAR) and the U.S. Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act)—designed to regulate the growing $250 billion stablecoin market. The authors first identify four critical private law shortcomings in centralized stablecoins, exemplified by issuers Circle and Tether: asymmetrical terms of service, ambiguous customer rights, tenuous redemption systems, and a perilous position for holders in bankruptcy. While market leaders have not adopted straightforward private ordering solutions to remedy these issues, the essay analyzes how both MiCAR and the GENIUS Act attempt to address these deficiencies, finding that MiCAR emphasizes comprehensive conduct obligations and strict liability, whereas the GENIUS Act focuses on operational requirements and unprecedented bankruptcy protections. Ultimately, the success of these laws hinges on their ability to fix these core private law problems, with the GENIUS Act notably granting stablecoin holders super-priority claims in insolvency, which may be overly aggressive. References Odinet, Christopher K. and Tosato, Andrea, Regulating Centralized Stablecoins: Comparing MiCAR and the GENIUS Act (August 07, 2025). Notre Dame Law Review Reflection, 2026, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 25-38, SMU Dedman School of Law Legal Studies Research Paper No. 701, Available at SSRN: https://ssrn.com/abstract=5383158 or http://dx.doi.org/10.2139/ssrn.5383158 Podcast Disclaimer This podcast is an independent production and is not affiliated with or endorsed by any third-party entities unless explicitly stated. The content is for educational and informational purposes only and does not constitute financial, investment, legal, or professional advice. Listeners should consult qualified professionals before making any decisions based on this content. This episode is based on the references listed above and was generated using Notebook LM and potentially other AI tools. While I have reviewed the content for accuracy, it may still contain errors, inaccuracies, or omissions. Neither the producers nor any affiliates accept liability for any damages or losses arising from the use or interpretation of this content.