A Legal Framework From Emerging Business Models

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A Legal Framework from Emerging Business Models

Author : Emily M. Weitzenboeck
Publisher : Edward Elgar Publishing
Page : 387 pages
File Size : 44,8 Mb
Release : 2012
Category : Business & Economics
ISBN : 9781781004661

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A Legal Framework from Emerging Business Models by Emily M. Weitzenboeck Pdf

The last two decades have witnessed the growth of new forms of entrepreneurial cooperation such as dynamic networks like virtual enterprises and enterprise pools. These business forms are often hybrid, having elements of both contract-based organizations and corporate forms, in particular partnership. This book examines the relative utility of contract and partnership law in fostering and maintaining these emerging business models, focusing on dynamic networks. The book analyses how dynamic networks are organized and set up through, very often, collaborative contracts and how the behaviour of their member firms is regulated. Good faith and fair dealing as a behavioural criterion in contractual and partnership relations, is an important theme of this work. The background and preconditions for the emergence and growth of such business forms is also investigated. The book contains case studies of such networks from different countries in particular Germany, Austria, Switzerland, England and Norway. It examines relevant legal rules in a number of jurisdictions such as England, Norway, Germany, Italy, France and the US. This detailed book will appeal to postgraduate students and academics in the fields of contract law, comparative law, partnership law and business/commercial law. Academics in other disciplines such as economics, sociology and business management will also find much to interest them in this study.

Business Networks Reloaded

Author : Peter Krebs,Stefanie Jung
Publisher : Routledge
Page : 424 pages
File Size : 46,6 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781317170525

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Business Networks Reloaded by Peter Krebs,Stefanie Jung Pdf

Business networks are an important economic phenomenon of increasing practical importance throughout Europe. This volume examines business networks from an interdisciplinary perspective, with many contributions dealing with a certain form of business network, the so-called cooperative or non-hierarchical. With regard to this specific form of cooperation the volume presents new economic findings, proposes a definition and discusses the governance structure of those networks.Moreover, this book explores whether the research results can also be applied to hierarchical, centralized business networks. With medium-sized companies and all the more with large companies, business networks also pose the question of the compatibility with anti-trust law. This collection dedicates three contributions to this important question. They are complemented by chapters on liability of the network and its members towards third parties and contributions discussing duties of loyalty and the interpretation of agreements. Drawing on new research from Italy, Spain, Germany and Norway, this work illustrates the European legal perspective on business networks.

Corporate Groups and Shadow Business Practices

Author : Linn Anker-Sørensen
Publisher : Cambridge University Press
Page : 337 pages
File Size : 43,5 Mb
Release : 2022-04-28
Category : Business & Economics
ISBN : 9781108844192

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Corporate Groups and Shadow Business Practices by Linn Anker-Sørensen Pdf

This book analyses innovations of structuring corporate groups and regulatory limitations of group transparency and proposes Systems Thinking as solution.

Government Cloud Procurement

Author : Kevin McGillivray
Publisher : Cambridge University Press
Page : 315 pages
File Size : 54,7 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108837675

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Government Cloud Procurement by Kevin McGillivray Pdf

An essential, in-depth analysis of the key legal issues that governments face when adopting cloud computing services.

Google and the Law

Author : Aurelio Lopez-Tarruella
Publisher : T.M.C. Asser Press
Page : 404 pages
File Size : 44,8 Mb
Release : 2012-02-29
Category : Law
ISBN : 906704847X

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Google and the Law by Aurelio Lopez-Tarruella Pdf

Google’s has proved to be one of the most successful business models in today’s knowledge economy. Its services and applications have become part of our day-to-day life. However, Google has repeatedly been accused of acting outside the law in the development of services such as Adwords, Googlebooks or YouTube. One of the main purposes of this book is to assess whether those accusations are well-founded. But more important than that, this book provides a deeper reflection: are current legal systems adapted to business models such as that of Google or are they conceived for an industrial economy? Do the various lawsuits involving Google show an evolution of the existing legal framework that might favour the flourishing of other knowledge-economy businesses? Or do they simply reflect that Google has gone too far? What lessons can other knowledge-based businesses learn from all the disputes in which Google has been or is involved? This book is valuable reading for legal practitioners and academics in the field of information technologies and intellectual property law, economists interested in knowledge-economy business models and sociologists interested in internet and social networks. Dr. Aurelio Lopez-Tarruella is Senior Lecturer in Private International Law at the University of Alicante, Spain.

Law and Economics of Regulation

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer Nature
Page : 327 pages
File Size : 42,6 Mb
Release : 2021-04-24
Category : Law
ISBN : 9783030705305

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Law and Economics of Regulation by Klaus Mathis,Avishalom Tor Pdf

This book explores current issues regarding the regulation of various economic sectors, theoretically and empirically, discussing both neoclassical and behavioural economics approaches to regulation. Regulation has become one of the main determinants of modern economies, and virtually every sector is subject to general laws and regulations as well as specific rules and standards. A traditional argument to justify regulatory interventions is the promotion of public interests. Fixing markets that lack competition, balancing information asymmetries, internalising externalities, mitigating systemic risks, and protecting consumers from irrational behaviour are frequently invoked to complement the invisible hand of the market with the visible hand of the state.However, regulations can lead to unintended consequences, and serve the interests of powerful private interest groups rather than the public interest and social welfare. In addition, new insights from behavioural economics question the traditional regulatory approaches, most prominently in attitudes towards consumers. Furthermore, digitalisation and technological innovation in general present new challenges in terms of both the type of regulation and the regulatory process.Part I of this book discusses various theoretical approaches to the economic analysis of regulations, while Part II looks at specific applications of the law and economics of regulation.

Legal Framework for e-Research

Author : Brian Fitzgerald
Publisher : Sydney University Press
Page : 559 pages
File Size : 46,8 Mb
Release : 2007-08-01
Category : Law
ISBN : 9781743329399

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Legal Framework for e-Research by Brian Fitzgerald Pdf

This book provides an overview of key legal issues facing e-Research: data exchange and data management, collaborative endeavour, the role and operation of privacy law, and commercialisation.

Law at the Cutting Edge

Author : Sinéad Agnew,Marcus Smith
Publisher : Bloomsbury Publishing
Page : 403 pages
File Size : 47,9 Mb
Release : 2024-04-04
Category : Law
ISBN : 9781509965168

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Law at the Cutting Edge by Sinéad Agnew,Marcus Smith Pdf

This collection celebrates the immense contribution of Sarah Worthington to the field of private law. Defining the subject broadly, experts from the judiciary and the academy address contemporary challenges arising in the fields of agency, company law and insolvency, contract law, equity, the law of money, personal property, restitution and unjust enrichment. The breadth of the contributors' expertise and their willingness to offer innovative and insightful solutions to difficult problems perfectly mirror Sarah Worthington's rigorous and inspirational approach to private law scholarship.

Multinational Enterprises and the Law

Author : Emeritus Professor of International Commercial Law Peter Muchlinski,Peter Muchlinski
Publisher : Oxford University Press, USA
Page : 913 pages
File Size : 44,5 Mb
Release : 2021-02-18
Category : Law
ISBN : 9780198824138

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Multinational Enterprises and the Law by Emeritus Professor of International Commercial Law Peter Muchlinski,Peter Muchlinski Pdf

This leading text in the field covers all the major regulatory areas relating to the operations of multinational enterprises, analysing them not only in a legal but also a political and economic context. It is a definitive reference work for students, researchers, and practitioners working with multinational enterprises.

Networks of Collaborative Contracts for Innovation

Author : Pablo Marcello Baquero
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 53,5 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781509929986

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Networks of Collaborative Contracts for Innovation by Pablo Marcello Baquero Pdf

With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.

Internet Commerce

Author : Margaret Jane Radin,John A. Rothchild,R Anthony Reese,Gregory M Silverman
Publisher : Unknown
Page : 148 pages
File Size : 49,9 Mb
Release : 2008-08-15
Category : Electronic commerce
ISBN : STANFORD:36105134481253

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Internet Commerce by Margaret Jane Radin,John A. Rothchild,R Anthony Reese,Gregory M Silverman Pdf

This book supplements the main text of Radin, Rothchild, Reese and Silverman's Internet Commerce: The Emerging Legal Framework, 2d.

Law and Responsible Supply Chain Management

Author : Vibe Ulfbeck,Alexandra Andhov,Kateřina Mitkidis
Publisher : Routledge
Page : 254 pages
File Size : 45,7 Mb
Release : 2019-01-10
Category : Law
ISBN : 9780429866098

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Law and Responsible Supply Chain Management by Vibe Ulfbeck,Alexandra Andhov,Kateřina Mitkidis Pdf

Corporate Social Responsibility has for long been on the agenda in the business world and recently, it has also become a political agenda in the European Union. Focusing on international supply chains and their control based on studies of law in several European jurisdictions, this book aims to advance the discussion on the application and enforcement of CSR. Drawing parallels to US and Canadian law, the book explores to what extent private law tools can be used as an enforcement device and it ultimately asks if what we are witnessing is the formation of a new area of law, employing the interplay of contract and tort – a law of "production liability", as a corollary of the concept of "product liability".

The Law and Governance of Decentralised Business Models

Author : Roger M Barker,Iris H-Y Chiu
Publisher : Routledge
Page : 234 pages
File Size : 40,7 Mb
Release : 2020-12-30
Category : Law
ISBN : 9781000329643

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The Law and Governance of Decentralised Business Models by Roger M Barker,Iris H-Y Chiu Pdf

This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, the wealth-creation of which subscribes to neither a firm nor market system, is neither hierarchical nor totally decentralised, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policymakers and legal practitioners, this book offers proposals for new thinking in the law of organisation and governance to advance the possibilities of a new socio-economic future.

The Nature of Corporate Governance

Author : Janet Dine,Marios Koutsias
Publisher : Edward Elgar Publishing
Page : 388 pages
File Size : 49,5 Mb
Release : 2013-01-01
Category : Business & Economics
ISBN : 9781781006122

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The Nature of Corporate Governance by Janet Dine,Marios Koutsias Pdf

This book presents a thoughtful inquiry into the nature and rationale of corporate governance. The authors address fundamental questions including; What is the balance between ownership and control?; For whose interests should the company be run?; What is the institutional balance between shareholders, directors and other potential stakeholders, including the economy? Professor Dine and Dr Koutsias consider how these issues are dealt with by the jurisprudence of three major and greatly influential jurisdictions; the USA, the UK, and Germany, and also reflect on why and how the current corporate governance context in some states is defined by social, political and historical developments. The authors argue that corporate governance is crucial for the identity of each country. What is revealed in the work is that when national corporate governance is thriving it allows space for democracy to flourish. Corporate governance scholars, policy makers, LLM and LLB students of company law and corporate governance, NGOs involving issues of inequality, poverty and democracy will find this important book an insightful resource.

The Company Share

Author : David Milman
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 44,8 Mb
Release : 2018-10-26
Category : LAW
ISBN : 9781785368134

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The Company Share by David Milman Pdf

The legal regulation of company shares is a fundamental building block in a capitalist society. This insightful book provides an historical analysis of the phenomenon, investigating underlying policy issues and considering relevant aspects of current law to explore possible future trends. David Milman examines the phenomenon of the company share in a holistic way, tracing the origins of the share and exploring the diversity present within the family of shares. Using a comparative approach, key chapters consider the circumstances under which shares are acquired, the property law perspective relevant to shares and the rights and obligations of those who hold shares. The book concludes with speculation on how the share might evolve in the future in light of technological change and the development of other capital raising investments. This accessible book will provide valuable insight to scholars researching corporate law. It will also be beneficial for policymakers and practitioners wishing to understand more about the history of the company share, and how this may impact its future.