The Cambridge Handbook of the Law of the Sharing Economy (Cambridge Law Handbooks)

Cambridge University Press, 10/8/2020
EAN 9781108971447, ISBN10: 110897144X

Paperback, 521 pages, 25.4 x 17.8 x 2.7 cm
Language: English
Originally published in English

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.

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.