Controversy shrouds sharing economy platforms. It stems partially from the platforms' economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of "unfair competition" as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.

Die Erderwarmung schreitet stetig voran. Dennoch setzen die regierenden Politiker die langst erforderlichen Massnahmen nicht konsequent um. Daran haben auch millionenfache Proteste aus der Mitte der Gesellschaft nichts geandert. Doch ist die Zivilgesellschaft wirklich machtlos? Jochen Theurer erforscht in diesem essential eine interessante neue Handlungsoption fur die schnelle Einfuhrung effektiver Klimaschutzmassnahmen. Charmant, informativ und realistisch.

In Beyond the Algorithm: Qualitative Insights for Gig Work Regulation, Deepa Das Acevedo and a collection of scholars and experts show why government actors must go beyond mass surveys and data-scrubbing in order to truly understand the realities of gig work. The contributors draw on qualitative empirical research to reveal the narratives and real-life experiences that define gig work, and they connect these insights to policy debates being fought out in courts, town halls, and even in Congress itself. The book also bridges academic and non-academic worlds by drawing on the experiences of drivers, journalists, and workers' advocates who were among the first people to study gig work from the bottom up. This book is a must-read for anyone interested in gig work, the legal infrastructure surrounding it, and how that infrastructure can and must be improved.

Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.

Praise for previous edition: '... very comprehensive; very competent; and, what I think will be seen as its chief virtue ... very clear' - David Campbell, Law Quarterly Review 'I enjoyed...every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.' - Angela Swan, Canadian Business Law Journal Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, exclusive jurisdiction and arbitration clauses, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the how to prove lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.

This is the second edition of the leading authority on the law of proprietary estoppel, which has been cited by courts across the common law world. It is a comprehensive and practically structured resource which offers guidance on managing proprietary estoppel cases. Relevant authorities are set out in a clear and accessible way, helping readers to make sense of a complex and rapidly developing area of law. Recent case-law discussed in the second edition, from England but also with updated reference to other common law jurisdictions, including new decisions of the top courts in each of Australia, Canada, and Singapore. Proprietary estoppel has come to particular prominence in recent years: it is frequently pleaded by litigants wishing to show that they have informally acquired an interest in land. As a result of its vigorous development by the courts, there is no comprehensive and uncontroversial definition of the doctrine. There is also much debate as to the relationship between proprietary estoppel and other doctrines, such as constructive trusts and unjust enrichment. A problem faced by anyone seeking to make, or respond to, a proprietary estoppel claim is that the law is to be found almost entirely in cases. This new edition of The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and thus assists practitioners, academics, and others in navigating their way through the complex case-law on proprietary estoppel, and also in understanding its relationship with related doctrines, particularly other forms of estoppel. It has been fully updated with analysis of key recent cases in the farming and family context (eg Davies v Davies [2016] EWCA Civ 463, Moore v Moore [2018] EWCA Civ 2669, Habberfield v Habberfield [2019] EWCA Civ 890 and Guest v Guest [2020] EWCA Civ 387) and in the commercial context (eg Hoyl Group Ltd v Cromer Town Council [2015] EWCA Civ 782 and Farrar v Miller [2018] EWCA Civ 172), considering issues such as the requirements of a proprietary estoppel claim, the role of formalities, and the satisfaction of an estoppel equity.

The most complete, credible, and authentic business law text available, the Sixteenth Edition of SMITH & ROBERSON'S BUSINESS LAW by Richard A. Mann and Barry S. Roberts continues a long tradition of accuracy, thoroughness, and consistent coverage of the latest issues and emerging trends. This updated classic delivers a comprehensive, detailed presentation of business law that covers all topics included in the business law section of the certified public accountant (CPA) exam. In addition, this text covers the legal responsibilities and liabilities of accountants section and the corporate governance portion of business environment and concepts section of the CPA Exam. The cases--located at the end of each chapter--offer an excellent mix of landmark and current decisions and are edited to preserve a large portion of the language of the court. Proven, comprehensive, and completely up-to-date, this trusted and thorough text will challenge and engage your students--and ensure they leave your class with a solid understanding of modern business law.

A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.

This concise and accessible guide to reinsurance law is an easy-to-read specialist reference focusing solely on reinsurance. The second edition builds on the success of the first which filled a gap in the market for an easy to use and pithy explanation of the law in this field avoiding the need to recount the whole of general insurance law. With usability and practicality in mind a number of features have been further developed in this edition. The authors have provided more guidance on areas which are undecided by the courts such as Follow the Settlements, incorporation, non-disclosure, and misrepresentation. Areas of complexity such as the role of good faith in reinsurance contracts have also been given greater coverage in this second edition. Also new to this edition is a glossary of reinsurance terms which helps to make the volume even more accessible. This book is both practical and authoritative, and is successful in isolating the key issues in reinsurance law to provide an easy and reliable reference source. It is a must-have work for all reinsurance practitioners.

The book provides a critical analysis of electronic alternatives to documents used in the international sale of goods carried by sea, including invoices, bills of lading, certificates of insurance, as well as other documentation required under documentary credits, and payment processing arrangements. It constitutes an in-depth discussion of their legal status and the practices relating to their use. The new edition examines recent developments in the evolving digital transformation that is taking place in the field of international trade. The book examines the commercial pressure to move from paper to electronic data, and the new technologies and relationships built for this purpose. This transition is ever evolving and as such an understanding of the attendant legal implications of the change is crucial. Analysis is provided on the adoption by UNCITRAL of its Model Law on Electronic Transferable Records, the author having been involved first hand in its drafting as a delegate and observer in UNCITRAL Working Group IV, and on the Uniform Rules on Bank Payment Obligations (URBPO). The book considers the practical workings and legal underpinnings of new electronic bill of lading platforms such as e-Title and Placing Platform Limited and of pilot projects such as Wave BL, Marco Polo and Voltron. It also examines the legal implications of proposed uses of new technologies such as distributed ledger technologies (DLT) (including blockchain), Internet of Things (IoT) and smart contracts. This book provides a complete and practical analysis of e-documents in cross-border business contracts for goods carried by sea. It examines recent trends in practice and assesses the ability of electronic alternatives to achieve legal functions performed by the paper documents they replace.

Providing a scholarly analysis of how to govern and make the right kinds of laws for cyberspace, in this work, Professor Reed investigates the vast majority of cyberspace users who wish to act lawfully and asks whether the current state of law in cyberspace makes it possible for them to do so. If not, why not, and what is the cure?
In this book, Professor Reed puts forward a new model for cyberspace laws which focuses on human actions rather than the technology used. Arguing that, in cyberspace, law works primarily through voluntary obedience rather than fear of enforcement, Professor Reed explains his thoughtful and controversial new viewpoint as to how cyberspace laws should be devised and re-opens the debate as to the value of law for regulating cyberspace and how best to influence the behaviour of cyberspace actors. The only text to comprehensively analyse European cyberspace lawmaking, this book provides a new perspective to the debate about the proper shape and scope of internet laws.

The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.

This book gives comprehensive coverage of EU distribution law and the law relating to vertical agreements. Now in its second edition, it is the only book to provide a detailed and practice oriented analysis of the entire scope of vertical agreements under the new legislative framework. Written by two authors who assisted the Commission in its drafting and reviewing of the Regulation, the book gives invaluable practical commentary on the new general block exemption (Regulation 330/2010), the new Motor Vehicle Block Exemption regulation (Regulation 461/2010), and the accompanying new Vertical Guidelines, as well as on agreements which are not covered by a block exemption.
The authors consider issues directly relevant in the commercial world, answering questions such as: Under what conditions may a supplier impose territorial restrictions on his dealer network?: Is it possible to impose maximum retail prices?: Are customer restrictions permissible in a selective distribution system?: Can a supplier assume an exclusive supply obligation?: Is an exclusive supply-back obligation included in a subcontracting arrangement enforceable?
The authors draw on their experience in this area of competition law to address the more complex issues relating to vertical restraints. They offer practical solutions to commercial problems and provide an indispensable tool for all practitioners in this field.

Under English law it is possible to secure credit on almost any asset, but the law is widely considered to be unsatisfactory. Gerard McCormack examines English law and highlights its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point for reform. This Article has successfully serviced the world's largest economy for over 40 years and is increasingly used as the basis for legislation by Commonwealth jurisdictions--including Canada and New Zealand.

This book examines tax incentives for investors in start-up companies through a critical analysis of Australia's early-stage investors (ESI) program, and a comparison of that program with the United Kingdom's Seed Enterprise Investment Scheme (SEIS) upon which it is loosely modelled. It discusses the importance of innovation and the special role that venture capital plays in supporting start-ups, and explains the policy rationale for introducing the ESI program as well as dissecting its technical requirements in detail. Special attention is devoted to the program's 'early stage' and 'innovation' requirements, which are crucial for determining whether a start-up qualifies for the tax incentives. The book is the first in-depth scholarly legal analysis of the ESI program and the first occasion it has been compared and contrasted with a foreign program. The comparative discussion of the ESI program with the SEIS program enables the authors to make suggestions for reforms to the ESI program so that it can better achieve its policy objectives. The fact that the book includes reform suggestions makes it particularly interesting for policy makers. It is also of broad relevance to legal and finance scholars and students as well as entrepreneurs, angels, venture capitalists and their advisors.

Taglich muss jeder von uns verhandeln. Dabei macht es einen Unterschied, ob Manner oder Frauen dies tun. So neigen Frauen dazu, sich mit schlechteren Ergebnissen zufrieden zu geben als Manner. Nach der Forschung lasst sich das mit dem gesellschaftlichen Rollenbild erklaren. Wenn Frauen in Konflikten "tough" auftreten, furchten sie, ihrem Rollenbild nicht zu entsprechen und negative Gegenreaktionen - zum Beispiel in Form von Sympathieverlust - hervorzurufen (so genannter Backlash-Effekt). Welchen Ausweg gibt es? Dieser Frage geht die genderspezifische Verhandlungsforschung nach. Die Forschungsergebnisse werden in dem vorliegenden essential so vorgestellt, dass sie von jeder Leserin in einer Verhandlungssituation genutzt werden koennen. Die Autorin Dr. Julia Sophia Habbe ist spezialisiert auf Konfliktloesung, Prozessfuhrung sowie interne Untersuchungen. Sie ist Partnerin einer internationalen Wirtschaftskanzlei in Frankfurt am Main und Lehrbeauftragte der Johann Wolfgang Goethe-Universitat im Bereich genderspezifische Verhandlungsfuhrung.

This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

This rich compendium brings together selected key essays on the fundamental concepts and policy issues of English domestic commercial law by Professor Sir Roy Goode QC. Professor Goode is one of the most influential commercial law scholars of the last half-century and his works, which include deep analysis of previously unexplored issues, are characterized by an ability to express the most complex ideas in language of crystal clarity. The essays are grouped thematically into sections, each accompanied by an introduction from the author which sets the essays in their historical and modern context. This valuable authorial insight illuminates the way the law has developed since, and often as a result of, the publication of the papers. Further new material, written especially for this volume, includes a new essay 'Res Cogitans: Food for Thought'. Spanning a career of over fifty years, these innovative and forward-thinking essays broke new ground at the time of their orginal publication and continue to influence decisions and legal thinking to this day, both in the UK and abroad.

Designed specifically for students, Blackstone's Statutes leads the market in providing a carefully selected, regularly updated, and well sourced resources for law students collection of legislation for the core subjects and major options offered on the law syllabus.
Each title is ideal for use throughout the course and in exams providing the student with:

.Unparalleled coverage
.Unannotated primary and secondary legislation
.Detailed tables of content to aid quick and efficient research
.Up-to-date and relevant material
Online Resource Centre

.Updates
.Web links

The Oxford Handbook series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.
The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law.
The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes.
The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.

Dieses essential bietet einen umfassenden UEberblick uber die aus Compliancegrunden zu beachtenden Pflichten der Geschaftsleitung in der Krise ihres Unternehmens. Die Autoren geben fur die typischen Krisenphasen konkrete Handlungsempfehlungen und erlautern Situationen, die zu einer persoenlichen Haftung fuhren koennen. Schliesslich wird der Ablauf eines Insolvenzverfahrens erklart und der Leser erfahrt, welche Auswirkungen dies auf Sanierungschancen und Haftungsthematiken hat. Beachtung finden auch die zahlreichen Fallstricke und Stolpersteine im Zusammenhang mit Unternehmenskrisen, welche unter anderem durch die Vielzahl der widerstreitenden Interessen der verschiedenen Beteiligten entstehen.