Showing archive for: “Entrepreneurship & Law”
Uber and the Mill of Sanssouci
Freedom of enterprise is considered a second-class freedom in Spain, rather than a fundamental right. It is clear that this has been the view not only of successive Spanish governments since the current Constitution was promulgated in 1978, but also of the judges of the Supreme Court of Spain (Tribunal Supremo) and the Constitutional Court ... Uber and the Mill of Sanssouci
What You Need to Know About the EU’s New AI Regulation
The European Commission this week published its proposed Artificial Intelligence Regulation, setting out new rules for “artificial intelligence systems” used within the European Union. The regulation—the commission’s attempt to limit pernicious uses of AI without discouraging its adoption in beneficial cases—casts a wide net in defining AI to include essentially any software developed using machine ... What You Need to Know About the EU’s New AI Regulation
Section 230 principles for lawmakers and a note of caution as Trump convenes his “social media summit”
Neither side in the debate over Section 230 is blameless for the current state of affairs. Reform/repeal proponents have tended to offer ill-considered, irrelevant, or often simply incorrect justifications for amending or tossing Section 230. Meanwhile, many supporters of the law in its current form are reflexively resistant to any change and too quick to dismiss the more reasonable concerns that have been voiced. Most of all, the urge to politicize this issue — on all sides — stands squarely in the way of any sensible discussion and thus of any sensible reform.
Rationally Defeating Cronyism in the Boston TNC Suit
On March 31, a federal judge gave the city of Boston six months to rectify the disparities between the way it treats Transportation Network Companies (“TNC”) (such as Uber and Lyft) and taxicab companies. This comes pursuant to an order by US District Court Judge Nathaniel M. Gorton in a suit filed by members of ... Rationally Defeating Cronyism in the Boston TNC Suit
A Vision of a Class-Free Society – California Suit Against Uber Makes Little Sense
Uber is currently facing a set of plaintiffs who are seeking class certification in the Northern District of California (O’Connor, et. al v. Uber, #CV 13-3826-EMC) on two distinct grounds. First, the plaintiffs allege that Uber systematically deprived them of tips from riders by virtue of how the service is presented to end-users and how ... A Vision of a Class-Free Society – California Suit Against Uber Makes Little Sense
The Green Shoots of the NYC Taxi Rules on Ridesharing Companies
I am of two minds when it comes to the announcement today that the NYC taxi commission will permit companies like Uber and Lyft to update, when the companies wish, the mobile apps that serve as the front end for the ridesharing platforms. My first instinct is to breathe a sigh of relief that even ... The Green Shoots of the NYC Taxi Rules on Ridesharing Companies
From July 30 WSJ
Wall Street Journal OPINION July 31, 2012 ‘A Climate That Helps Us Grow’ By PAUL H. RUBIN President Obama’s riff on small business—”If you’ve got a business, you didn’t build that, somebody else made that happen”—has become a major controversy. The Romney campaign has made this quote the subject of several speeches and ads, and ... From July 30 WSJ
Chicago Continues to Thwart Food Trucks
Food trucks must remain at least 200 feet away from restaurants under the new Chicago regulation (HT: Reason). It also appears food trucks must carry a GPS that will allow detection of violations (parking within 200 feet of a restaurant — apparently, any restaurant) which carry a fine of up to $2,000. Protection of restaurants ... Chicago Continues to Thwart Food Trucks
Local Barriers to Entry: Arlington Beer Garden Edition
Last week I posted about the regulatory barriers facing an ice cream shop in San Francisco. A student passes along a story that hits a bit closer to home: the sale of beer right here in Arlington County. Apparently, the owner of the Westover Beer Garden has had enough: It’s been a contentious couple of ... Local Barriers to Entry: Arlington Beer Garden Edition
Robert Crandall on It Is Time to Move Ahead with Deregulation
As we approach the end of this Symposium, I am struck by how much consensus exists on this subject. Of course, we are not conducting this exercise under the auspices of the ABA. Nevertheless, there is sufficient intellectual backing for a major push to begin the deregulation of legal services. Despite warnings that this is ... Robert Crandall on It Is Time to Move Ahead with Deregulation
Bruce Kobayashi on Copyrighting Law and Deregulation
My first post discussed one primary impediment to deregulating all the lawyers – which is the current system of legal regulation of lawyers. Even if one agrees that deregulating all the lawyers may be the ultimate goal, this still leaves the question of how best to achieve this result. Deregulating all the lawyers may not ... Bruce Kobayashi on Copyrighting Law and Deregulation
Renee Newman Knake on Corporations, the Delivery of Legal Services, and the First Amendment Part II
In Part I of this post, I identified a jurisprudential thread of cases that suggest corporations have a First Amendment right to own and invest in law practices for the delivery legal services. These decisions include NAACP v. Button, the union trilogy, and Bates v. State Bar of Arizona. Two recent cases shed light on ... Renee Newman Knake on Corporations, the Delivery of Legal Services, and the First Amendment Part II
