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In today's society, the power of someone's reputation, or
influence, has been turned into a job: that of being a social media
influencer. This role comes with promises, such as aspirational
work, but is rife with challenges, given the controversy that often
surrounds influencers. This is the first book on the regulation of
social media influencers, that brings together legal, economic and
ethical angles to further unveil the implications of influencer
marketing. Thus far, influencers have been under scrutiny for not
disclosing paid advertising, yet their activity has many more
questionable implications. This edited volume combines insights
from law, economics, ethics and communication science to reveal
these implications and propose new ways in which public bodies,
social media companies and citizens ought to relate to influencer
marketing. Academics and students of Law, Economics, Ethics and
Communication Science will find policy making insights in this
collection. In addition, The Regulation of Social Media Influencers
will be essential reading for regulators. Contributors include: E.
Apa, M. de Cock Bunning, S. de Jans, M. de Veirman, R. Ducato, I.
Ebert, C. Fieseler, C. Goanta, L. Hudders, M. Leiser, M.
Leszczynska, D. Mangan, G. Newlands, F. Pflucke, O. Pollicino, S.
Ranchordas, D. Sindermann, E. van den Abeele, S. van der Hof, G.
van Dijck, V. Verdoodt, I. Wildhaber
This rigorous and comprehensive study sheds light on an
underappreciated tool of legal regulation. Using a comparative
perspective that seamlessly integrates jurisprudential and policy
analysis, Ranchordas has made a major contribution to our
understanding of the interaction of law and time.' - Tom Ginsburg,
University of Chicago Law School, US'At what point does a
legislature's delegation of 'experimental' regulatory power to the
executive constitute an abdication of the legislature's essential
role in a representative democracy? At what point does it violate
such crucial principles as legal certainty, equal treatment, or
proportionality? What are the implications for this kind of
experimentalist governance 'beyond law'? These are just some of the
questions that this important book seeks to answer. Using the
German, Dutch and US experiences as her point of entry, Sofia
Ranchordas has produced a deeply researched comparative study full
of illuminating examples and rich insights into the phenomenon of
sunset clauses and experimental legislation and regulation.
Ranchordas's book will be a great resource to legal scholars,
social scientists and historians who seek to understand the
changing nature of the legislative function, as well as the crucial
normative issues it raises.' - Peter L. Lindseth, University of
Connecticut, School of Law, US 'This book provides a comprehensive
look at sunset clauses and experimental legislation. Thorough and
well-researched, the book makes a valuable contribution to the
study of these important and controversial, yet understudied,
legislative instruments. The book should be of great interest to
scholars, students and practitioners in the fields of legislation,
regulation, public law and public policy.' - Ittai Bar-Siman-Tov,
Bar-Ilan University Faculty of Law, Israel This innovative book
explores the nature and function of 'sunset clauses' and
experimental legislation, or temporary legislation that expires
after a determined period of time, allowing legislators to test out
new rules and regulations within a set time frame and on a
small-scale basis. Sofia Ranchordas presents a thorough analysis of
sunset clauses and experimental legislation from a comparative
perspective, and offers a clear legal framework for their
implementation. The author begins with a comprehensive history of
sunset clauses and experimental legislation, along with a clear
explanation of their characteristics and potential uses. She then
analyzes the relationship between these legislative instruments and
a number of fundamental legal principles, including legal
certainty, equal treatment, proportionality and separation of
powers. This thorough exploration of sunset clauses and
experimental regulations places them within a broader legal context
and makes a compelling case for their increased use. Scholars and
students of comparative law, regulation and public policy will all
find this book a fascinating and useful resource.
This book examines different legal systems and analyses how the
judge in each of them performs a meaningful review of the
proportional use of discretionary powers by public bodies. Although
the proportionality test is not equally deep-rooted in the
literature and case-law of France, Germany, the Netherlands and the
United Kingdom, this principle has assumed an increasing importance
partly due to the influence of the European Court of Justice and
European Court of Human Rights. In the United States, different
standards of judicial review are applied to review 'arbitrary and
capricious' agency discretion. However, do US judges achieve a
similar result to the proportionality or reasonableness test?
Drawing together a selection of key experts in the field, this book
analyses the principle of proportionality in the judicial review of
administrative decisions from different perspectives. The principle
is first examined in the context of recent developments in the
literature and case-law, including the inevitable EU influence,
then light shall be shed on the meaning of this principle in the
specific case-law of the European Court of Justice and European
Court of Human Rights. Finally, the authors go on to explore the
ways in which US judges consciously 'sanction' the
'disproportionate' and/or unreasonable' use of agency discretion.
In the legal systems where the proportionality test plays a very
limited role, Ranchordas and de Waard also try to clarify why this
is the case and look at what alternative solutions have been found.
This book will be of great interest to scholars of public and
administrative law, and EU law.
This book examines different legal systems and analyses how the
judge in each of them performs a meaningful review of the
proportional use of discretionary powers by public bodies. Although
the proportionality test is not equally deep-rooted in the
literature and case-law of France, Germany, the Netherlands and the
United Kingdom, this principle has assumed an increasing importance
partly due to the influence of the European Court of Justice and
European Court of Human Rights. In the United States, different
standards of judicial review are applied to review 'arbitrary and
capricious' agency discretion. However, do US judges achieve a
similar result to the proportionality or reasonableness test?
Drawing together a selection of key experts in the field, this book
analyses the principle of proportionality in the judicial review of
administrative decisions from different perspectives. The principle
is first examined in the context of recent developments in the
literature and case-law, including the inevitable EU influence,
then light shall be shed on the meaning of this principle in the
specific case-law of the European Court of Justice and European
Court of Human Rights. Finally, the authors go on to explore the
ways in which US judges consciously 'sanction' the
'disproportionate' and/or unreasonable' use of agency discretion.
In the legal systems where the proportionality test plays a very
limited role, Ranchordas and de Waard also try to clarify why this
is the case and look at what alternative solutions have been found.
This book will be of great interest to scholars of public and
administrative law, and EU law.
Offering a unique perspective on an overlooked subject - the
relationship between time, change, and lawmaking - this edited
collection brings together world-leading experts to consider how
time considerations and social, political and technological change
affect the legislative process, the interpretation of laws, the
definition of the powers of the government and the ability of legal
orders to promote innovation. Divided into four parts, each part
considers a different form of interaction between time and law, and
change. The first part offers legal, theoretical and historical
perspectives on the relationship between time and law, and how time
shaped law and influences legal interpretation and constitutional
change. The second part offers the reader an analysis of the
different ways in which courts approach the impact of time on law,
as well as theoretical and empirical reflections upon the meaning
of the principle of legal certainty, legitimate expectations and
the influence of law over time. The third part of the book analyses
how legislation and the legislative process addresses time and
change, and the various challenges they create to the legal order.
The fourth and final part addresses the complex relationship
between fast-paced technological change and the regulation of
innovations.
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