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The Continuing Legacy of Enron: Whistleblowing under the Sarbanes-Oxley Act after Lawson v. FMR LLC
Intermediary Institutions and the Sharing Economy
In Regulating Sharing: The Sharing Economy as an Alternative Capitalist System, Professor Rashmi Dyal-Chand challenges the assumption – implicit in the fast-growing legal literature on the “sharing economy” – that companies in this sector operate in the manner of traditional firms. Framing the sharing economy as a “nascent form of a coordinated market economy”, Dyal-Chand calls for regulation rooted in a deeper understanding of the institutions – both the technological platforms most commonly associated with the sharing economy (Uber, Airbnb, TaskRabbit, and their ilk) and a burgeoning collection of more organic and democratic organizations — that shape this economy.
This short invited Response focuses on the potential of this second category of institutions to achieve a more equitable distribution of the economic benefits of the sharing economy. While I agree that much can be gained from a more critical reflection on the nature of the institutions that shape the sharing economy, I harbor skepticism regarding the current vitality and future potential of these alternative institutions. I first explore how intermediary institutions might strengthen the position of workers in the sharing economy. I then express a few hesitations regarding the prospects of intermediary institutions to adequately counterbalance the technological platforms that dominate the sharing economy. Finally, I offer suggestions for how, by drawing on discussions of the role of institutions in other areas of legal doctrine; an “institutional turn” in thinking about the sharing economy might inform both legal scholarship and regulation
Constitutional Law - Police Interrogation Techniques and When to Determine How Much Is Too Much - United States v. Jacques, 744 F.3D 804 (1st Cir. 2014)
Constitutional Law - Opening the Doggy Door for Animal Rights and Other Issues under the Emergency Aid Exception - Commonwealth v. Duncan, 7 N.E.3D 469 (Mass. 2014)
Can the Ninth Circuit Overrule the Supreme Court on the Constitution?
Can the Ninth Circuit reverse key analysis and opinions of the U.S. Supreme Court? Can a federal circuit court, based on environmental grounds that climate change allows the states to act as their own laboratories to try innovative programs, reorient or contradict Supreme Court precedent regarding the Commerce Clause of the Constitution? Maybe