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  • A Briggs, 'What do you mean, 'non-exclusive' ?' (2019) Lloyd's Maritime & Commercial Law Quarterly 329 [Case Note]
    Comment on and analysis of issues raised by the decision in Shanghai Turbo v Liu.
    ISBN: 0306 2945
  • J Adams-Prassl, Humans as a Service: The Promise and Perils of Work in the Gig Economy (OUP 2018)
    WHAT IF YOUR BOSS WAS AN ALGORITHM? The gig economy promises to revolutionise work as we know it, offering flexibility and independence instead of 9-to-5 drudgery. The potential benefits are enormous: consumers enjoy the convenience and affordability of on-demand work while micro-entrepreneurs turn to online platforms in search of their next gig, task, or ride. IS THIS THE FUTURE OF WORK? This book offers an engaging account of work in the gig economy across the world. Competing narratives abound: on-demand gigs offer entrepreneurial flexibility - or precarious work, strictly controlled by user ratings and algorithmic surveillance. Platforms' sophisticated technology is the product of disruptive innovation - whilst the underlying business model has existed for centuries. HOW CAN WE PROTECT CONSUMERS & WORKERS WITHOUT STIFLING INNOVATION? As courts and governments around the world begin to grapple with the gig economy, Humans as a Service explores the challenges of on-demand work, and explains how we can ensure decent working conditions, protect consumers, and foster innovation. Employment law plays a central role in levelling the playing field: gigs, tasks, and rides are work â and should be regulated as such.
    ISBN: 9780198797012
  • 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
  • S Enchelmaier, 'Exit from Brexit: would quitter’s remorse count under Article 50 TEU? ' (2018) Butterworths Journal of International Banking and Financial Law 278
  • J Rowbottom, Media Law (Hart 2018)
    ISBN: 9781782256663
  • S Enchelmaier, 'Stranded: 'European' Ltds Post-Brexit' (2018) Butterworths Journal of International Banking and Financial Law (forthcoming)
  • JA Armour and L Enriques, 'The Promise and Perils of Crowdfunding: Between Corporate Finance and Consumer Contracts' (2018) 81 Modern Law Review 51
    ‘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: 0026-7961
  • E Fisher, 'Back to Basics: Thinking About the Craft of Environmental Law Scholarship' in Ole Pedersen (ed), Perspectives on Environmental Law Scholarship: Essays on Purpose, Shape and Discretion (Cambridge University Press 2018)
    ISBN: 978-1-108-47524-2
  • JA Armour, 'Bank Governance' in JN Gordon and W-G Ringe (eds), The Oxford Handbook of Corporate Law and Governance (Oxford University Press 2018)
    According to a common narrative, the failure of banks in the financial crisis reflected poor corporate governance practices, as well as inadequate prudential regulatory safeguards. Yet it turns out that the ‘best’ governance practices according to ordinary standards were the ones that did worst during the financial crisis. In the period leading up to the financial crisis, it was believed that regulation would cause banks to internalize the costs of their activities, meaning that what maximized bank shareholders’ returns would also be in the interests of society. Consequently, large banks used the same governance tools as non-financial companies to minimize shareholder-management agency costs, namely independent boards, shareholder rights, the shareholder primacy norm, the threat of takeovers, and equity-based executive compensation. Unfortunately, such tools had the adverse effect of encouraging bank managers to take excessive risks. Consequently a significant rethink about the way in which banks are governed is required.
    ISBN: 9780198743682
  • S Enchelmaier, 'Block Exemption Regulation (EU) No. 330/2010 on Vertical Agreements' in Werner Berg and Gerald Mäsch (eds), Deutsches und Europäisches Kartellrecht, 3rd edn (Luchterhand 2018)
  • S Enchelmaier, 'Block Exemption Regulation No. 1217/2010 on Research and Development Agreements' in Werner Berg and Gerald Mäsch (eds), Deutsches und Europäisches Kartellrecht, 3rd edn (Luchterhand 2018)
  • S Enchelmaier, 'Block Exemption Regulation No. 1218/2010 on Specialisation Agreements' in Werner Berg and Gerald Mäsch (eds), Deutsches und Europäisches Kartellrecht, 3rd edn (Luchterhand 2018)
  • A Lamine and J Adams-Prassl, 'Collective Autonomy for On-Demand Workers? Normative Arguments, Current Practices and Legal Ways Forward' (2018) 99 Bulletin of Comparative Labour Relations 269
  • S Fredman, Comparative Human Rights Law (Oxford University Press 2018)
    DOI: 10.1093/oso/9780199689408.001.0001
    Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues
  • P Yowell, Constitutional Rights and Constitutional Design: Moral and Empirical Reasoning in Judicial Review (Hart Publishing, Oxford 2018)
  • P Davies, 'Control Shifts via Share Acquisition Contracts with Shareholders ' in Jeffrey Gordon and Wolf-Georg Ringe (eds), Oxford Handbook on Corporate Law and Corporate Governance (OUP 2018)
    This chapter examines the regulatory issues and policy choices which arise when the contractual mechanism of a general offer to acquire shares is used to shift control of a company from its current location into the hands of an acquirer.
    ISBN: 978-0-19-874368-2

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