Filter by
  • P P Craig, 'The EU, Democracy and Institutional Structure: Past, Present and Future ' in W Heusel and J-P Rageade (eds), The Authority of EU Law, Do we Still Believe in It (Springer 2019)
  • P P Craig, 'The EU, Democracy and Institutional Structure: Past, Present and Future' in A Bakardjieva Engelbrekt and X Groussot (eds), The Future of Europe, Political and Legal Integration Beyond Brexit (Hart Publishing 2019)
  • P Yowell, 'The negative legislator: On Kelsen’s idea of a constitutional court' in M Belov (ed), Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary (Routledge 2019)
  • N. W. Barber, 'The Point of the State and the Point of Public Law' in E. Fisher, J. King, and A. L. Young (eds), The Fundamentals and Future of Public Law (Oxford University Press 2019)
  • H Eidenmüller, 'The Rise and Fall of Regulatory Competition of Corporate Insolvency Law in the European Union' (2019) 20 European Business Organization Law Review 547
    DOI: https://doi.org/10.1007/s40804-019-00160-0
    In this article, I discuss the rise and fall of regulatory competition in corporate insolvency law in the European Union. The rise is closely associated with the European Insolvency Regulation (EIR, 2002), and it is well documented. The UK has emerged as the ‘market leader’, especially for corporate restructurings. The fall is about to happen, triggered by a combination of factors: the recasting of the EIR (2017), the European Restructuring Directive (ERD, 2019) and Brexit (2019). The UK will lose its dominant market position. I present evidence to support this hypothesis.
  • N Barber, M Cahil and R Ekins (eds), The Rise and Fall of the European Constitution (Hart Publishing 2019)
    DOI: 10.5040/9781509910977
    The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.
    ISBN: 9781509910984
  • R Ekins, 'The State’s Right to Exclude Asylum-Seekers and (Some) Refugees' in D Miller and C Straehle (eds), The Political Philosophy of Refuge (Cambridge University Press 2019)
    DOI: https://doi.org/10.1017/9781108666466
    The plight of those seeking refuge calls for action. The question this chapter considers is how far, if at all, that action should take the form of disabling states from excluding asylum-seekers or refugees. The argument of the chapter is that while states have wide-ranging responsibilities to vulnerable non-citizens, these responsibilities do not extinguish the state’s right to prevent asylum-seekers from entering its territory or to expel (some) refugees who have entered. This freedom is carefully preserved in the Refugee Convention 1951 and is important if states are to safeguard the common good which is their paramount responsibility and to decide prudently how best to discharge their responsibilities. The chapter begins by considering the distinction between citizens and non-citizens and defending the general liability of the latter to exclusion. Refugees are a special subset of non-citizens whom the Convention protects in various ways. The chapter traces these modes of protection and argues that they rightly do not eliminate the state’s freedom to deny entry to asylum-seekers or to expel some refugees. Undermining this freedom encourages refugees to become economic migrants and economic migrants to misrepresent themselves as asylum-seekers. The state’s responsibility to vulnerable non-citizens will often best be discharged by supporting other states adjacent to the country of origin. The chapter concludes by considering the significance of the atrophy of the right to exclude in the context of the European migration crisis.
  • N. W. Barber, 'The Two Europes' in N. W. Barber, M. Cahill, and R. Ekins (eds), The Rise and Fall of the European Constitution (Hart Publishing 2019)
  • P P Craig, 'Transnational Constitution-Making: The Contribution of the Venice Commission on Law and Democracy ' in G Shaffer, T Ginsburg and T Halliday (eds), Constitution-Making and Transnational Legal Order (Cambridge University Press 2019)
  • P P Craig, 'Treaty Amendment, the Draft Constitution and European Integration ' in N Barber, M Cahil and R Ekins (eds), The Rise and Fall of the European Constitution (Hart 2019)
  • 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
  • R Williams, 'UK Criminal Law: Just Another Regulatory Tool?' in Matthew Dyson, Benjamin Vogel (ed), The Limits of Criminal Law: Anglo-German Concepts and Principles (Intersentia 2018)
    Argues that attempts simply to use criminal law as a regulatory 'big stick' are bound to fail. Draws on the work of Robinson and Darley, and the experience of cartel criminalisation in the UK to suggest how criminal law might lead public opinion rather than simply following it.
  • 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

Pages