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  • 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
  • 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
  • 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
  • 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
  • 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.
  • 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.
  • 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
  • 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)

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