Filter by
  • P P Craig, EU Administrative Law (3rd edn Oxford University Press 2018)
    ISBN: 978-0-19-883165-5
  • AE Ezrachi, 'EU Competition Law Goals and the Digital Economy' (2018) SSRN
    New competition dynamics in the digital economy raise questions as to the normative scope of competition enforcement. The question - ‘Is this a competition problem?’ has become common in the face of new business strategies, new forms of interaction with consumers, the accumulation of data and the use of big analytics. This paper seeks to outline the goals and values advanced by European Competition law, and their application to digital markets.
    ISBN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3191766
  • H Collins and Tarunabh Khaitan (eds), Foundations of Indirect Discrimination Law (Hart Publishing 2018)
    ISBN: 978-1-50991-254-4
  • L Enriques, J Armour and M Bengtzen, 'Globalization ' in M Fox, LR Goltsen, EF Greene, MS Patel (ed), Securities Markets Issues for the 21st Century (e-book 2018)
  • A Briggs, 'Holiday torts and damage within the jurisdiction' [2018] Lloyd's Maritime and Commercial Law Quarterly 196 [Case Note]
    Note on Brownlie v Four Seasons with particular reference the issue where damage is sustained for the purpose of permission to serve out of the jurisdiction.
    ISBN: 0306 2945
  • H Collins and Tarunabh Khaitan, 'Indirect Discrimination Law: Controversies and Critical Questions' in (ed), Foundations of Indirect Discrimination Law (Hart Publishing 2018)
    Introduces some of the key controversies about indirect discrimination (disparate impact) law including: the paradox that this law determines that some equal treatment is discriminatory; whether indirect discrimination law is properly understood as part of discrimination law; whether indirect discrimination is morally wrong, and if so, whether the wrong is the same as that applicable to direct discrimination; whether there is a coherent distinction between direct and indirect discrimination law; and the strengths and weaknesses of the principal justifications for the law of indirect discrimination.
    ISBN: 978-1-50991-254-4
  • J Armour and L Enriques, 'Individual Investors’ Access to Crowdinvesting: Two Regulatory Models ' in Douglas Cumming and Lars Hornuf (eds), The Economics of Crowdfunding (Palgrave 2018)
    Crowdinvesting--raising many small contributions of capital from individual funders via specialized online platforms--is a burgeoning phenomenon. This Chapter first highlights the perils to which individual investors are exposed when they access these platforms. Next, it describes the legal regime in two sample jurisdictions, the US with its tradition of high-fixed-cost, disclosure-intensive securities laws that had to be tweaked to make equity crowdfunding viable, and the UK, which has early on provided for a nimble set of rules for the same. Finally, the Chapter offers some thoughts on the merits of introducing a lighter regime for equity crowdfunding.
    ISBN: 978-3-319-66119-3
  • JA Armour and L Enriques, 'Individual Investors’ Access to Crowdinvesting: Two Regulatory Models' in D Cumming and L Hornuf (eds), The Economics of Crowdfunding: Startups, Portals and Investor Behavior (Palgrave Macmillan 2018)
    Crowdinvesting--raising many small contributions of capital from individual funders via specialized online platforms--is a burgeoning phenomenon. This Chapter first highlights the perils to which individual investors are exposed when they access these platforms. Next, it describes the legal regime in two sample jurisdictions, the US with its tradition of high-fixed-cost, disclosure-intensive securities laws that had to be tweaked to make equity crowdfunding viable, and the UK, which has early on provided for a nimble set of rules for the same. Finally, the Chapter offers some thoughts on the merits of introducing a lighter regime for equity crowdfunding.
    ISBN: 978-3-319-66118-6
  • H Collins, G Lester and V Mantouvalou, 'Introduction: Does Labour Law Need Philosophical Foundations?' in (ed), Philosophical Foundations of Labour Law (Oxford University Press 2018)
    ISBN: 978-0-19-882527-2
  • P Yowell, 'Introduction: On Legislated Rights' in (ed), Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018)
  • JA Armour, M Bengtzen and L Enriques, Investor Choice in Global Securities Markets (Columbia Law School 2018)
    This chapter explores how globalization has affected the operation of securities markets and the challenges this poses for their regulation. We review the current state of the law and practice of international securities transactions and services, with a view to identifying issues where further research may usefully inform the future design of U.S. securities regulation. In so doing, we offer a framework for understanding cross-border issues in securities regulation policymaking and consider some of the most salient phenomena debated by legal scholars and financial economists, and addressed by policymakers, in recent decades. We also zoom in, by way of contrast, on some issues on which other countries have taken a notably different regulatory approach from the U.S. Our focus, in keeping with the general orientation of the New Special Study (‘NSS’), is on equity markets.
  • H Collins, 'Is the Contract of Employment Illiberal?' in H Collins, G Lester, V Mantouvalou (ed), Philosophical Foundations of Labour Law (Oxford University Press 2018)
    Argues that there is an inherent tension between some liberal values and the institution of the contract of employment that arises from subordination to the practical authority of the employer, which can only be resolved by labour law adopting a particular, worker-protective, legal framework for employment relations.
    ISBN: 978-0-19-882527-2
  • R Ekins (ed), Judicial Power and the Balance of Our Constitution: two lectures by John Finnis (London: Policy Exchange 2018)
    This collection reflects on the place of judicial power in the common law constitutional tradition. With a foreword from Lord Burnett, the Lord Chief Justice of England and Wales, and an introduction by Richard Ekins, the collection is an important contribution to the public conversation about the constitution. It aims to help recall our historical constitutional tradition, and its balance of powers, to outline and evaluate contemporary judicial practice, and to inform reflection about its future development.
    ISBN: 978-1-910812-43
  • H Collins, 'Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination' in (ed), Foundations of Indirect Discrimination Law (Hart Publishing 2018)
    What is the role of the element of justification in the law of indirect discrimination? Is the possibility of justification unique to indirect discrimination or does it generally apply to law of discrimination? It is argued that the justification element should be regarded as an intrinsic part of the constitution of the wrong of discrimination rather than a separate defence or exception. However, the justification element does not depend on the same moral reasons that require a law against discrimination, but rather rests upon an independent moral principle that respects the fundamental rights of those accused of discrimination.
    ISBN: 978-1-50991-254-4
  • Elizabeth Fisher, 'Law and Energy Transitions: Wind Turbines and Planning Law in the UK ' (2018) 38 Oxford Journal of Legal Studies 528
    DOI: 10.1093/ojls/gqy018
    Through a study of planning law and the legal challenges to wind energy planning decisions, this article shows how law plays an important role in framing understandings of both wind energy projects and decision making with regard to such projects. Law also provides important forums for dispute resolution. These frames and forums create legal stability in the wake of the legal disruption created by the introduction of wind energy as a significant energy infrastructure. Highlighting that role raises important questions for scholars of energy transitions, planning law, and social regulation more generally.
    ISBN: 0143-6503
  • R Ekins and G Webber, 'Legislated Rights in the Anglo-American Tradition' (2018) 10 Faulkner Law Review 129
    This article is a reply to critics and readers of a symposium issue published in volume 10 of the Faulkner Law Review on Legislated Rights: Securing Human Rights through Legislation (Cambridge University Press 2018; paperback, 2019). Richard Ekins and Grégoire Webber, two of the six authors of Legislated Rights, respond to essays by Victoria Nourse, Robert Lowry Clinton, Andy G. Orlee, and Adam J. MacLeod. The article is organised around the following themes: central case method; rights protection in the United States in comparative perspective; legislated rights and constitutional structure; scepticism about judicial review; oppressive 'rights' legislation; and legislated rights and common law.
  • G Webber, P Yowell, R Ekins and M Köpcke, Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018)
    DOI: https://doi.org/10.1017/9781108551069
    The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
    ISBN: 9781108551069
  • G Webber, P Yowell and others , Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018)
  • P Yowell, 'Legislative Protection of Human Rights' in (ed), Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018)
  • H Eidenmüller, 'Marktwirtschaft, Privatrecht und Verteilungsgerechtigkeit' in I Pies and M Leschke (eds), John Rawls’ politischer Liberalismus (Mohr Siebeck 2018)

Pages