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Bill Ab5 And The Gig Economy, Peter Buckley 2021 University of Miami School of Law

Bill Ab5 And The Gig Economy, Peter Buckley

University of Miami Business Law Review

This paper explores California Assembly Bill No. 5 and its effect on the “gig economy.” Notably, this paper takes an in-depth look at companies providing cheap services to California residents and the detrimental effects on California business models by labeling independent contractors as employees. I will contrast the Bill with previous California court decisions on independent contracts and the joint ballot initiatives being jointly proposed by Uber, Lyft, DoorDash, and other gig companies. Within this paper I will refer to workers as “drivers” for the sake of simplicity; however, it should be noted that these companies refer to them as ...


Reclaiming The Streets, Vanessa Casado-Pérez 2021 Texas A&M University School of Law

Reclaiming The Streets, Vanessa Casado-Pérez

Faculty Scholarship

Pedestrians have been getting the short end of the stick in street policies and regulations. Drivers and cars dominate our streets even though automobiles’ externalities kill thousands of people every year. Given the environmental, health, safety, and community effects of cars, municipalities should embrace a policy that puts pedestrians at the center and produces more miles of wider, well-maintained sidewalks. Sidewalks make communities greener, healthier, safer, more socially connected, and even, wealthier. COVID-19 lockdowns have shown both the relevance of sidewalks, as well as the possibility of pedestrians regaining space currently allocated to cars by widening sidewalks.

This Essay identifies ...


Mobile-Based Transportation Companies, Mandatory Arbitration, And The Americans With Disabilities Act, Tamar Meshel 2021 University of Alberta Faculty of Law

Mobile-Based Transportation Companies, Mandatory Arbitration, And The Americans With Disabilities Act, Tamar Meshel

Journal of Law and Mobility

Uber, Lyft, DoorDash and similar mobile-based transportation network companies (TNCs) have been involved in numerous legal battles in multiple jurisdictions. One contested issue concerns whether TNC drivers are employees or independent contractors. Uber recently lost this battle to some extent in the UK, but won it in California. Another issue concerns the TNCs’ use of mandatory (pre-dispute) arbitration clauses in their standard form service agreements with both drivers and passengers. These arbitration clauses purport to obligate such future plaintiffs to resolve any dispute with the defendant TNC outside of court and, typically, on an individual rather than a class basis ...


منظومة النقل الجماعي بأكادير الكبير بين الوضعية القانونية -التنظيمية وواقع الممارسة: نحو استشراف مخطط جديد للنقل نموذج سيارات الأجرة الكبيرة والتدبير المفوض, Mohamed Ben Attou 2021 Faculté des Lettres et des Sciences Humaines, Univérsité Ibn Zohr, Agadir, Maroc

منظومة النقل الجماعي بأكادير الكبير بين الوضعية القانونية -التنظيمية وواقع الممارسة: نحو استشراف مخطط جديد للنقل نموذج سيارات الأجرة الكبيرة والتدبير المفوض, Mohamed Ben Attou

Dirassat

The belief in the importance of the mass transport system within Agadir is one of the most important things that we should be concerned with and be keen on. If we can look into making this environment, whether in the medium or long term, with the help of a number of investments that move its administrative and industrial tributaries, then we are at the core of development that attain the conditions of stability. The articlesought to acquaint the reader with a set of vivid documented information, including the development of licenses granted to taxis which were supposed to have a ...


International Transportation Law, Andrew M. Danas, Philip Peng 2021 Southern Methodist University

International Transportation Law, Andrew M. Danas, Philip Peng

The Year in Review

No abstract provided.


New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll 2021 Pepperdine University

New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll

Journal of the National Association of Administrative Law Judiciary

The Fourth Amendment protects individual’s right to privacy from unwarranted searches and seizures, but the analysis for when the Fourth Amendment applies has become more complicated as new technology is developed. E-scooters are a new piece of technology which may implicate the Fourth Amendment. Cities across the country are beginning to require the mobility companies which provide e-scooter services to turn over location data in order to receive an operating permit. This article first provides a background of the Fourth Amendment, then provides details regarding the new city regulations. The article includes a discussion of the privacy concerns as ...


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Seamen, Railroad Employees, And Uber Drivers: Applying The Section 1 Exemption In The Federal Arbitration Ace To Rideshare Drivers, Conor Bradley 2021 University of Michigan Law School

Seamen, Railroad Employees, And Uber Drivers: Applying The Section 1 Exemption In The Federal Arbitration Ace To Rideshare Drivers, Conor Bradley

University of Michigan Journal of Law Reform

Section 1 of the Federal Arbitration Act (FAA or the Act) exempts “seamen, railroad employees, [and] any other class of workers engaged in foreign or interstate commerce” from arbitration. In 2019, the Supreme Court held in New Prime Inc. v. Oliveira that this provision exempted independent contractors as well as employees. This decision expanded the reach of the section 1 exemption and may affect the relationship between ridesharing companies, such as Uber, and their drivers. Previously, ridesharing companies argued that courts must enforce the arbitration clauses in their employment contracts because their workers were independent contractors and, therefore, section 1 ...


Regulation And The Geography Of Inequality, Ganesh Sitaraman, Christopher Serkin, Morgan Ricks 2021 Vanderbilt University Law School

Regulation And The Geography Of Inequality, Ganesh Sitaraman, Christopher Serkin, Morgan Ricks

Vanderbilt Law School Faculty Publications

We live in an era of widening geographic inequality. Around the country, the spread between economically and culturally thriving places and those that are struggling has been increasing. "Superstar" cities like New York, San Francisco, Boston, and Atlanta continue to attract talent and grow, while the economies of other cities and rural areas are left behind. Troublingly, escalating geographic inequality in the United States has arrived hand in hand with serious economic, social, and political problems. Areas that are left behind have not only failed to keep up with their thriving peers; in many ways, they have stagnated and seen ...


Bursting The Auto Loan Bubble In The Wake Of Covid-19, Pamela Foohey 2021 Indiana University Maurer School of Law

Bursting The Auto Loan Bubble In The Wake Of Covid-19, Pamela Foohey

Articles by Maurer Faculty

Before the COVID-19 pandemic, auto loans outstanding in the United States had soared to record highs. The boom in lending spanned new and used cars and traditional and subprime loans. With loan delinquencies also hitting new highs almost every quarter, predictions that the auto lending market could burst soon abounded. When the economy came to a grinding halt and unemployment skyrocketed in the wake of the pandemic, auto lenders knew they were facing a crisis. Throughout 2020, auto lenders granted more payment forbearances to consumers, while slashing interest rates on new loans. Auto manufacturers similarly made promises to buyers, such ...


Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch 2021 Seattle University School of Law

Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch

Seattle University Law Review

U.S. employment law traditionally classifies workers as either employees or independent contractors; each worker under this traditional legal rubric can only be classified as one or the other—there can be no ambiguity or overlap. An employee is generally defined as “a person hired for a regular, continuous period to perform work for an employer who maintains control over both the service details and the final product.” In contrast, an independent contractor is generally defined as “a worker who performs services for others, usually under contract, while at the same time retaining economic independence and complete control over both ...


Commercial Transportation, Madeline E. McNeeley, Yvonne S. Godfrey, Elizabeth M. Brooks, Joshua H. Dorminy, Stephen G. Lowry 2020 Mercer University School of Law

Commercial Transportation, Madeline E. Mcneeley, Yvonne S. Godfrey, Elizabeth M. Brooks, Joshua H. Dorminy, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial, regulatory, and legislative developments in Georgia commercial-transportation law during the period from June 1, 2019, through May 31, 2020.


The Relationship Between Social Innovation And Active Mobility Public Services, Silvia Stuchi Cruz, Sonia Paulino 2020 University of Michigan Law School

The Relationship Between Social Innovation And Active Mobility Public Services, Silvia Stuchi Cruz, Sonia Paulino

Journal of Law and Mobility

This article aims to discuss the relationship between social innovation and public services on active mobility. Two active mobility initiatives are considered in the city of São Paulo, and analyzed based on 11 variables that characterize social innovation. Through the mapping of recent Brazilian regulatory frameworks for active mobility and a low-carbon economy, we can propose the following relationship: the more local (municipal) the public policy, the greater its social influence and participation. However, despite the advances indicated by both experiences of active mobility analyzed (highlighting the role of organized civil society), and by the progress in the regulatory framework ...


Rules Of The Road And The Digital Helmsman : An Analytical Review Of The Colreg In The Context Of Autonomous Ships (Degree-Iii), Akshaya Kumar Mahapatra 2020 World Maritime University

Rules Of The Road And The Digital Helmsman : An Analytical Review Of The Colreg In The Context Of Autonomous Ships (Degree-Iii), Akshaya Kumar Mahapatra

World Maritime University Dissertations

No abstract provided.


Governance Of Inland Water Transport Systems With Reference To The International Maritime Governance Framework: A Case Study Of Uganda, Julliet Zalwango 2020 World Maritime University

Governance Of Inland Water Transport Systems With Reference To The International Maritime Governance Framework: A Case Study Of Uganda, Julliet Zalwango

World Maritime University Dissertations

No abstract provided.


Uber And The Need For Particularized Regulation, Kayla Marie Heckman 2020 University of Miami Law School

Uber And The Need For Particularized Regulation, Kayla Marie Heckman

University of Miami Business Law Review

With technology constantly evolving, the law must evolve with it. Uber Technologies, Inc. (“Uber”) has transformed the transportation industry by making transportation readily available with the touch of a button on one’s mobile phone. Uber is now one of the leading companies in transportation and operates worldwide. While this expansion has been great for consumers, it has come with significant drawbacks and challenges. Uber threatens the taxi industry, the cities in which it operates, and even its own drivers. This Note will discuss how Uber’s rapid growth is disrupting transportation in major cities quicker than its impact can ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel, Michael B. Lowry, Timothy W. Koglin, Ronald W. Pimentel 2020 University of Idaho

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel, Michael B. Lowry, Timothy W. Koglin, Ronald W. Pimentel

Journal of Law and Mobility

The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact.

This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many ...


What A Difference A State Makes: California’S Authority To Regulate Motor Vehicle Emissions Under The Clean Air Act And The Future Of State Autonomy, Chiara Pappalardo 2020 Georgetown University Law Center

What A Difference A State Makes: California’S Authority To Regulate Motor Vehicle Emissions Under The Clean Air Act And The Future Of State Autonomy, Chiara Pappalardo

Michigan Journal of Environmental & Administrative Law

Air pollutants from motor vehicles constitute one of the leading sources of local and global air degradation with serious consequences for human health and the overall stability of Earth’s climate. Under the Clean Air Act (“CAA”), for over fifty years, the state of California has served as a national “laboratory” for the testing of technological solutions and regulatory approaches to improve air quality. On September 19, 2019, the Trump Administration revoked California’s authority to set more stringent pollution emission standards. The revocation of California’s authority frustrates ambitious initiatives undertaken in California and in other states to reduce ...


Transportation In A Changing Climate: Innovating To Create Resilient, Low-Carbon Systems, Vicki Arroyo, Annie Bennett 2020 Georgetown University Law Center

Transportation In A Changing Climate: Innovating To Create Resilient, Low-Carbon Systems, Vicki Arroyo, Annie Bennett

Georgetown Law Faculty Publications and Other Works

The climate is changing rapidly, bringing new temperature highs and weather extremes and affecting every individual, community, and sector of society—including transportation. Although, at times, climate change may feel like an insurmountable challenge, humanity is resilient and innovative. Transportation ultimately is about people: connecting people to places, to goods and services, and to each other. Because of its central role in the functioning of society, the transportation system—including its infrastructure, networks, and workforce—is an essential part of addressing and responding to climate change.

This article discusses challenges and opportunities for building resilient and low-carbon transportation solutions in ...


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