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The Cambridge Handbook of the Law of the Sharing Economy

$225.00 (R)

Aurélien Acquier, Mareike Möhlmann, Andrea Geissinger, Kellen Zale, Valentina Carbone, Orly Lobel, Matthew D. Mitchell, Christopher Koopman, Niamh Dunne, Peter Coles, Michael Egesdal, Ingrid Gould Ellen, Xiaodi Li, Arun Sundararajan, Katrina M. Wyman, Erez Aloni, Raymond Brescia, Derek McKee, Bryant Cannon, Hanna Chung, Stephen R. Miller, Nestor M. Davidson, John J. Infranca, Sarah E. Light, Janice C. Griffith, Daniel E. Rauch, Michèle Finck, Bronwen Morgan, Elizabeth Tippet, Brishen Rogers, Miriam A. Cherry, Antonio Aloisi, Mark Graham, Mohammad Amir Anwar, Shu-Yi Oei, Diane M. Ring, Manoj Viswanathan, Katerini Pantazatou, Jordan Barry, Rebecca Tushnet, Leah Chan Grinvald, Sonia K. Katayal, R. Koolhoven, Guido Smorto, Charlotte Garden, Nancy Leong,Naomi Schoenbaum, Jamila Jefferson-Jones, Nicola Countouris, Luca Ratti
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  • Date Published: November 2018
  • availability: In stock
  • format: Hardback
  • isbn: 9781108416955

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About the Authors
  • This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.

    • Approaches issues in the regulation of the sharing economy from legal, sociological, economic, and business perspectives
    • Provides reader with a one-stop source for recent research on the sharing economy
    • Offers succinct chapters from leading experts
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    Reviews & endorsements

    Advance praise: 'This book compiles the work of highly prominent thinkers on the sharing economy. It leaves no stone unturned and includes a comprehensive discussion of the most relevant theoretical and empirical debates on a phenomenon that has reshaped social, economic, and labor relationships. This is not only The Cambridge Handbook of the Law of the Sharing Economy, it is 'the' book on the sharing economy.' Sofia Ranchordás, Chair of European and Comparative Public Law, University of Groningen, The Netherlands

    Advance praise: 'As the sharing economy continues to expand, it presents an ever-growing list of challenges to policy makers, judges, and scholars alike. How can the law keep up? This fascinating collection provides a treasure trove of cutting-edge scholarship from across the disciplines. An invaluable starting point for anyone interested in gigs, platforms, and the future of work.' Jeremias Prassl, University of Oxford

    Advance praise: 'Governments have had difficulty figuring out the 'sharing economy'. They've needed a handbook, written by leading scholars, that explains how laws and regulations can and should harness the great opportunities and address the novel legal challenges created by firms like Uber, AirBnB, and the like. This is it! It belongs on the shelf of every legislator, regulator, tech executive, and scholar in the field.' David Schleicher, Yale Law School

    Advance praise: 'This incredibly timely and helpful handbook marshals the best available evidence about the effects the sharing economy may have on residents, workers, businesses, neighborhoods, and tax rolls, and thoughtfully draws out the policy implications of that evidence. It should be required reading for government regulators around the world!' Vicki L. Been, Boxer Family Professor of Law at New York University and Faculty Director of NYU's Furman Center for Real Estate and Urban Policy

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    Product details

    • Date Published: November 2018
    • format: Hardback
    • isbn: 9781108416955
    • dimensions: 262 x 191 x 28 mm
    • weight: 1.27kg
    • contains: 12 b/w illus. 4 tables
    • availability: In stock
  • Table of Contents

    Introduction
    Part I. Understanding the Sharing Economy and Its Regulatory Landscape: Section 1. What is the Sharing Economy and Why is it Important?:
    1. Uberization meets organizational theory: platform capitalism and the rebirth of the putting-out system Aurélien Acquier
    2. Trust in the sharing economy: platform-mediated peer trust Mareike Möhlmann and Andrea Geissinger
    3. Scale and the sharing economy Kellen Zale
    4. Sharing economy and social innovation Aurélien Acquier and Valentina Carbone
    Section 2. Balancing Regulation and Innovation:
    5. Coase and the platform economy Orly Lobel
    6. Taxis, taxis and governance in the vehicle-for-hire industry Matthew D. Mitchell and Christopher Koopman
    7. Competition law (and its limits) in the sharing economy Niamh Dunne
    8. Airbnb usage across New York City neighborhoods: geographic patterns and regulatory implications Peter Coles, Michael Egesdal, Ingrid Gould Ellen, Xiaodi Li and Arun Sundararajani
    9. The novelty of TNC regulation Katrina M. Wyman
    Section 3. Framing the Regulatory Response:
    10. Pluralism and regulatory responses Erez Aloni
    11. Finding the right 'fit': matching regulations to the shape of the sharing economy Raymond Brescia
    12. Licensing regimes and platform-based businesses Derek McKee
    13. Who decides?: A framework for fitting the co-regulation of sharing economies to the contours of the market Bryant Cannon and Hanna Chung
    14. Urban data and the platform city Stephen R. Miller
    Section 4. Who Should Regulate the Sharing Economy, and How?:
    15. The place of the sharing economy Nestor M. Davidson and John J. Infranca
    16. The role of the federal government in regulating the sharing economy Sarah Light
    17. Role of state governments in the sharing economy Janice C. Griffith
    18. Local regulation of the sharing economy Daniel E. Rauch
    19. The sharing economy and the EU Michèle Finck
    20. The multi-scalar regulatory challenge of the sharing economy from the perspective of platform cooperativism and the social and solidarity economy Bronwen Morgan
    Part II. Addressing Specific Regulatory Concerns: Section 5. Employment and Labor Law:
    21. Employee classification in the United States Elizabeth Tippet
    22. Fissuring, data-driven governance, and platform economy labor standards Brishen Rogers
    23. A critical examination of a third employment category for on-demand work (in comparative perspective) Miriam A. Cherry and Antonio Aloisi
    24. Two models for a fairer sharing economy Mark Graham and Mohammad Amir Anwar
    Section 6. Tax Law:
    25. Tax issues in the sharing economy: implications for workers Shu-Yi Oei and Diane M. Ring
    26. Tax compliance and the sharing economy Manoj Viswanathan
    27. Taxation of the sharing economy in the European Union Katerini Pantazatou
    28. Taxation and innovation: the sharing economy as a case study Jordan Barry
    Section 7. Consumer Protection and Privacy Law:
    29. Implications for cyber law Rebecca Tushnet
    30. Platform architecture and the brand: an opportunity for trademark modernization Leah Chan Grinvald and Sonia K. Katayal
    31. The 'matching' platform and mandatory agency law R. Koolhoven
    32. Protecting the weaker party in the platform economy Guido Smorto
    Section 8. Anti-Discrimination Law:
    33. The platform identity crisis: responsibility, discrimination, and a functional approach to intermediaries Charlotte Garden and Nancy Leong
    34. Intimacy and equality in the sharing economy Naomi Schoenbaum
    35. Discrimination and short-term rentals Jamila Jefferson-Jones
    36. The sharing economy and EU anti-discrimination law Nicola Countouris and Luca Ratti.

  • Editors

    Nestor M. Davidson, Fordham Law School (New York)
    Nestor M. Davidson joined the Fordham University School of Law in 2011 and was named the Albert A. Walsh Professor of Real Estate, Land Use, and Property Law in 2017. Professor Davidson is an expert in property, urban law, and affordable housing law and policy, and serves as the faculty director of the law school's Urban Law Center. Professor Davidson practiced with the firm of Latham and Watkins, focusing on commercial real estate and affordable housing, and served as Deputy General Counsel at the US Department of Housing and Urban Development.

    Michèle Finck, Max Planck Institute for Innovation and Competition, Munich and University of Oxford
    Michèle Finck is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition and a Lecturer in European Union law at the University of Oxford. She previously worked at the London School of Economics and holds a doctorate in law from the University of Oxford. Dr Finck researches the interaction between regulation and technology and has particular expertise on the sharing economy, distributed ledger technology and (big) data. She is currently writing a monograph on Blockchain Regulation and Governance in Europe (Cambridge, forthcoming).

    John J. Infranca, Suffolk University School of Law (Massachusetts)
    John J. Infranca is an associate professor of Law at Suffolk University Law School. Infranca previously worked as a legal fellow at the Furman Center for Real Estate and Urban Policy, where he focused on land use regulation and affordable housing policy. Professor Infranca's scholarship focuses on land use regulation, affordable housing policy, property theory, and law and religion. His current research projects examine land use and other regulatory barriers to the development of new forms of housing, the implications of the sharing economy for urban law and policy, and how autonomous vehicles will change land use policy and urban planning.

    Contributors

    Aurélien Acquier, Mareike Möhlmann, Andrea Geissinger, Kellen Zale, Valentina Carbone, Orly Lobel, Matthew D. Mitchell, Christopher Koopman, Niamh Dunne, Peter Coles, Michael Egesdal, Ingrid Gould Ellen, Xiaodi Li, Arun Sundararajan, Katrina M. Wyman, Erez Aloni, Raymond Brescia, Derek McKee, Bryant Cannon, Hanna Chung, Stephen R. Miller, Nestor M. Davidson, John J. Infranca, Sarah E. Light, Janice C. Griffith, Daniel E. Rauch, Michèle Finck, Bronwen Morgan, Elizabeth Tippet, Brishen Rogers, Miriam A. Cherry, Antonio Aloisi, Mark Graham, Mohammad Amir Anwar, Shu-Yi Oei, Diane M. Ring, Manoj Viswanathan, Katerini Pantazatou, Jordan Barry, Rebecca Tushnet, Leah Chan Grinvald, Sonia K. Katayal, R. Koolhoven, Guido Smorto, Charlotte Garden, Nancy Leong,Naomi Schoenbaum, Jamila Jefferson-Jones, Nicola Countouris, Luca Ratti

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