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  • 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
  • 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
  • E 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
  • 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)
  • 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]
  • 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 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)
  • J Armour and L Enriques, 'The Promise and Perils of Crowdfunding: Between Corporate Finance and Consumer Contracts' (2018) The Modern Law Review 51
    DOI: 10.1111/1468-2230.12316
    ‘Crowdfunding’ is a burgeoning phenomenon. Its still-evolving status is reflected in diversity of contracting practices: for example, ‘equity’ crowdfunders invest in shares, whereas ‘reward’ crowdfunders get advance units of product. These practices occupy a hinterland between existing regimes of securities law and consumer contract law. Consumer protection law in the UK (but not the US) imposes mandatory terms that impede risk-sharing in reward crowdfunding, whereas US (but not UK) securities law mandates expensive disclosures that hinder equity crowdfunding. This article suggests that while crowdfunding poses real risks for funders, the classical regulatory techniques of securities and consumer law provide an ineffective response. Yet, a review of rapidly-developing market mechanisms suggests they may provide meaningful protection for funders. An initially permissive regulatory approach, open to learning from market developments yet with a credible threat of intervention should markets fail to protect consumers, is justified.
    ISBN: 1468-2230
  • 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) (forthcoming)
    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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