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Agency Law And The New Economy, Mark J. Loewenstein
Agency Law And The New Economy, Mark J. Loewenstein
Publications
This article considers the status of workers in the "new economy," defined as the sharing economy (e.g., Uber, Lyft) and the on-demand economy. The latter refers to the extensive and growing use of staffing companies by established businesses in many different industries to provide all or a portion of their workforce. Workers in both the sharing economy and the on-demand economy are, generally speaking, at a disadvantage in comparison to traditional employees. Uber drivers, for example, are typically considered independent contractors, not employees, and therefore are not covered under federal and state laws that protect or provide benefits to employees. …
Guilty Knowledge, Daniel S. Kleinberger
Guilty Knowledge, Daniel S. Kleinberger
Faculty Scholarship
Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Publications
No abstract provided.