The specificity of the collaborative economy has raised a number of issues with regard to the qualification of legal relationships between workers, final beneficiaries and the online platform that mediates the provision of work, respectively whether between the platform and the worker there is...

There has been nascent litigation around the world on the employment classification of workers in the ‘sharing economy', ‘gig economy' or ‘on demand economy'. New business models and forms of work organization arising from rapid advancements in digital technologies (or ‘disruptive...

This article is an edited transcript of a lecture on the Employment Contract presented to a conference of state law judges. Part I introduces a model of a well-functioning labor market, which provides all employee benefits, and only those employee benefits, that employees value more than it...

This article is an edited transcript of a lecture on the Employment Contract presented to a conference of state law judges. Part I introduces a model of a well-functioning labor market, which provides all employee benefits, and only those employee benefits, that employees value more than it...

This chapter, for the forthcoming Encyclopedia of Labor and Employment Law and Economics, provides an overview of legal and economic analysis of contractual and regulatory constraints on the use of knowledge, skill and information acquired during the employment relationship. Three interrelated...

This chapter for the Encyclopedia of Labor and Employment Law and Economics, discusses government regulation of the labor market in the 21st Century, with a particular emphasis on the need to maintain competitiveness in an era of globalization. The chapter first considers the 'race to the...

This Article explores the influence of the pension system on corporate governance, which has so far received little attention in the corporate law literature. While the shareholder-centric view of corporate governance is strong today, this is a relatively recent development. “Managerial...

The European Union was has been bult over more than six decades, during which each and very one of us has continued to build our founding fathers’ European dream, so beautifully summarized by R. Schuman: “Europe will not be made all at once, or according to a single plan. It will be built...

Until the mid-nineteenth century, English and American courts held that indefinite employment contracts could not be terminated at will. The stance was a legacy of strictures found in the Statute of Artificers. But by the turn of the century, English and American law no longer agreed. In...

This paper uses as its theoretical starting point the concept of the firm as a nexus of contracts. It examines the full range of contracts which go into forming this nexus: those formally negotiated, those adopted by custom or practice, and those imposed as legal defaults. The concept of...