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  • H Eidenmüller, 'Marktwirtschaft, Privatrecht und Verteilungsgerechtigkeit' in I Pies and M Leschke (eds), John Rawls’ politischer Liberalismus (Mohr Siebeck 2018)
  • H Eidenmüller and D Griffiths, 'Mediation in Cross Border Insolvency Procedures' (2018) Global Forensics 10
  • P P Craig, 'Miller, EU Law and the UK ' in M Elliott J Williams and A Young (eds), The UK Constitution after Miller (Hart Publishing 2018)
  • H Collins, G Lester and V Mantouvalou (eds), Philosophical Foundations of Labour Law (Oxford University Press 2018)
    This interdisciplinary investigation by lawyers and philosophers explores the philosophical ideas, concepts, and principles that provide the found of labour or employment law. The book addresses doubts that have been expressed about whether a worker-protective labour law is needed at all, what should be regarded as the proper scope of the field in the light developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I, freedom, dignity and human rights; II, distributive justice and exploitation; III, workplace democracy and self-determination; and IV, social inclusion.
    ISBN: 978-0-19-882527-2
  • L Enriques and G Hertig, 'Post-crisis Regulation of Asset Management' (2018) Annales des Mines – Réalités Industrielles 88
    While asset managers’ behavior has not been among the root causes of the financial crisis, their industry’s size and structure have generated financial stability concerns among policymakers. Global regulatory bodies nowadays agree that asset management activities are “systemically important”. On the other hand, the growth in retail activities has prompted regulatory and self-regulatory bodies to enact new rules relating to conduct of business, advice and best execution. Our essay briefly reviews global reforms affecting the asset management industry, focusing first on systemic interventions and then discussing investor protection reforms. To conclude, it addresses some emerging issues that we expect to be on policymakers’ agenda in the future.
  • JA Armour, L Enriques, A Ezrachi and J Vella, 'Putting Technology to Good Use for Society: The Role of Corporate, Competition and Tax Law' (2018) 6(s1) Journal of the British Academy 285
    Innovation and its main output, technology, are changing the way we work, socialise, vote, and live. New technologies have improved our lives and made firms more productive, overall raising living standards across the world. Thanks to progress in information technology, the rate of change is accelerating. Disruption and disequilibrium are the new normal. In this essay, prepared as a chapter for the first phase of the British Academy ‘The Future of the Corporation’ initiative, we reflect upon the role that corporate, competition, and tax law can play both to facilitate innovation and simultaneously assuage emergent societal risks arising from new technologies. We consider means of enhancing investment in research and development (‘R&D’) and optimising corporate organisation. But we also reflect on the risks associated with innovation, such as the use of technology to exploit consumers, manipulate markets, or distort, unwittingly or not, the political process. Finally, we consider the way in which the environment for business law reform is subject to new political risks following the challenge to the liberal order from populism and the rising power of dominant technology companies.
    ISBN: 2052–7217
  • John Armour, L Enriques, Ariel Ezrachi and John Vella, 'Putting technology to good use for society: the role of corporate, competition and tax law ' (2018) Journal of the British Academy 285
    Innovation and its main output, technology, are changing the way we work, socialise, vote, and live. New technologies have improved our lives and made firms more productive, overall raising living standards across the world. Thanks to progress in information technology, the rate of change is accelerating. Disruption and disequilibrium are the new normal. In this essay, prepared as a chapter for the first phase of the British Academy ‘The Future of the Corporation’ initiative, we reflect upon the role that corporate, competition and tax law can play both to facilitate innovation and simultaneously assuage emergent societal risks arising from new technologies. We consider means of enhancing investment in research and development (‘R&D’) and optimising corporate organisation. But we also reflect on the risks associated with innovation, such as the use of technology to exploit consumers, manipulate markets or distort, unwittingly or not, the political process. Finally, we consider the way in which the environment for business law reform is subject to new political risks following the challenge to the liberal order from populism and the rising power of dominant technology companies.
  • N. W. Barber, T. Hickman and J. King, 'Reflections on Miller' in D. Clarry (ed), Supreme Court Yearbook (Appellate Press 2018)
  • S Fredman, 'Reimagining power relations: Hierarchies of disadvantage and affirmative action' in Penelope Andrews, Dennis Davis and Tabeth Masengu (eds), A Warrior for Justice: Essays in Honour of Dikgang Moseneke (Juta 2018)
  • L Enriques, 'Related Party Transactions' in JN Gordon and G Ringe (eds), The Oxford Handbook of Corporate Law and Governance (Oxford University Press 2018)
    DOI: 10.1093/oxfordhb/9780198743682.013.27
  • J Rowbottom, 'Reporting police investigations, privacy rights and social stigma: Richard v BBC' (2018) 10 Journal of Media Law [Case Note]
  • R Ekins, 'Restoring Parliamentary Democracy' (2018) 39 Cardozo Law Review 997
    Any good constitution is a framework for reasoned selfgovernment, making it possible for citizens jointly to reason and act to secure their common good. The Westminster constitution makes provision for such reason and action by way of a scheme for representative, parliamentary democracy, the two pillars of which are the doctrine of parliamentary sovereignty and the principle of responsible government. The United Kingdom (U.K.) entered into and is now exiting from the European Union (E.U.) in accordance with this scheme. Membership of the E.U. could formally be squared with— accommodated by—the Westminster constitution but there was a fundamental discordance between the European project and parliamentary democracy. The discordance increased over time and the U.K.’s choice to withdraw from the E.U. is a rational decision to restore robust self-government. This Article considers the constitutional dimensions of the U.K.’s fraught membership of, and now departure from, the E.U., contending that the U.K. reached and is implementing that decision in a way that was and is faithful to its constitutional order. Withdrawal from the E.U. has involved neither substitution of popular sovereignty for parliamentary sovereignty nor surrender to executive tyranny—and it was not the ill-judged intervention by the courts that saved the country from such. On the contrary, the process by which the U.K. has come to withdraw from the E.U. confirms the underlying strength and continuing promise of the U.K.’s parliamentary democracy.
  • S Fredman, 'Reviving Indirect Discrimination: Essop v Home Office' in D. Clarry (ed), The UK Supreme Court Yearbook Vol 8 2016-2017 Legal Year (Appellate Press 2018)
  • S R Weatherill, 'Sources and Origins of EU sports law' in J Anderson, R Parrish and B García (eds), Research Handbook on EU Sports Law and Policy (Edward Elgar 2018)
    DOI: https://doi.org/10.4337/9781784719500
    ISBN: 9781784719494
  • H Eidenmüller, 'Stolz und Vorurteil' (2018) Süddeutsche Zeitung
    DOI: https://www.sueddeutsche.de/politik/aussenansicht-stolz-und-vorurteil-1.4172131
  • S Enchelmaier, 'Stranded: 'European' Ltds Post-Brexit' (2018) 33 Journal of International Banking and Financial Law 513
  • AE Ezrachi and Maurice Stucke, 'Sustainable and Unchallenged Algorithmic Tacit Collusion' (2018) SSRN
    Algorithmic collusion is a hot topic within antitrust circles in Europe, US and beyond. But some economists downplay algorithmic collusion as unlikely, if not impossible. This paper responds to these criticisms by pointing to new emerging evidence and the gap between law and this particular economic theory. We explain why algorithmic tacit collusion isn’t only possible, but warrants the increasing concerns of many enforcers.
  • J Adams-Prassl, 'The Gig Economy before the Court of Justice: from digital service provision to work intermediation' in O Deinert, J Heuschmid, M Kittner, M Schmidt (ed), Demokratisierung der Wirtschaft durch Arbeitsrecht: Festschrift Thomas Klebe (Bund Verlag 2018)
  • TAO Endicott, 'The Public Trust' in Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, and Paul B. Miller (eds), Fiduciary Government (Cambridge University Press 2018)
    All public power is held in trust. That explains the attraction of the fiduciary theory of government, which treats the duties of trustees and other fiduciaries in private law as an explanatory analogue for the duties of public officials and agencies, including the state. But I argue that, although public agencies have many fiduciary duties, and public officials generally have fiduciary duties to the agencies in which they serve the community, public duties are not generally fiduciary. Public power is held in trust in the sense that it is to be exercised for the public good. I seek to explain the fundamental difference between that duty of service to a community, and the fiduciary’s duty to serve the interests of beneficiaries.
    ISBN: 9781108155267
  • H Collins, 'The Revolutionary Trajectory of EU Contract Law towards Post-national law' in Sarah Worthington Andrew Robertson Graham Virgo (ed), Revolution and Evolution in Private Law (Hart Publishing 2018)
    Examines the nature of EU contract law, with particular emphasis on its techno law characteristics of instrumentalism, functionalism, and incompleteness, with a view to explaining how it requires legimation and effectiveness by appeals to legal materials that consist mainly of fundamental rights drawn from the EU Charter of fundamental rights. This change in the source of law is revolutionary in the sense that it bases the regulation of private relations on rights rather than rules, and those rights are supra national sources of law.
    ISBN: 978-1-50991-324-4

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