The Cambridge Handbook of the Law of the Sharing Economy

This Handbook compiles leading international research on the regulation of the sharing economy from a range of academic disciplines.

Nestor M. Davidson (Edited by), Miche?le Finck (Edited by), John J. Infranca (Edited by)

9781108971447, Cambridge University Press

Paperback / softback, published 8 October 2020

521 pages, 12 b/w illus. 4 tables
25.5 x 18 x 3 cm, 1 kg

'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

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.

Subject Areas: Torts / Delicts [LNV], Employment & labour law [LNH], Constitutional & administrative law [LND], E-commerce law [LNCB2], Public international law [LBB], Business innovation [KJD], Economics of industrial organisation [KCD], United Nations & UN agencies [JPSN1]