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Relevant bibliographies by topics / Legal rule

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Academic literature on the topic 'Legal rule'

Author: Grafiati

Published: 4 June 2021

Last updated: 19 February 2022

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Journal articles on the topic "Legal rule"

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Hage, Jaap. "Legal Reasoning and Legal Integration." Maastricht Journal of European and Comparative Law 10, no. 1 (March 2003): 67–97. http://dx.doi.org/10.1177/1023263x0301000104.

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According to Legrand, harmonization of European private law by means of a European Civil Code would not work, because of the different legal cultures (mentalités) within which such a code would have to operate. In the civil law tradition, legal reasoning on the basis of such a code would be deductive in the sense of the application of rules that are posited prior to the cases to which they should be applied. In the common law tradition, the starting point of legal reasoning is in the cases themselves. As a consequence, common law reasoning would abstract less from the peculiarities of individual cases. The main point of this paper is that Legrand's picture of civil law reasoning is based on the subsumption model of rule application, which does not allow adaptation of the law to the needs of concrete cases other than through the limited possibilities of interpretation. It is argued that this picture is wrong. As an alternative, the reason-based model of rule application is proposed, which allows legal decision makers much more leeway to tailor the law to the needs of concrete cases. In a comparison with case-based reasoning it is argued that rule-based reasoning, according to the reason-based model, gives the decision maker the same leeway. The final conclusion is that possible differences in legal culture between the civil law and the common law tradition are not rooted in the distinction between rule-based reasoning and case-based reasoning, and are therefore merely contingent. There is no reason why the introduction of a European Civil Code could not overcome the differences between the two traditions. Whether this would be desirable is a different question.

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Shumanovska-Spasovska, Ivana, and Konstantin Bitrakov. "Magna Carta And Its Significant Role For Rule Of Law In The Republic Of Macedonia." SEEU Review 11, no. 1 (December 1, 2015): 86–98. http://dx.doi.org/10.1515/seeur-2015-0012.

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Abstract One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority (or the executive branch of power) is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional (and legal) systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia.

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Cholho Choi. "The systemicity and legitimacy of Japanese administrative rule." KOOKMIN LAW REVIEW 28, no. 3 (February 2016): 543–72. http://dx.doi.org/10.17251/legal.2016.28.3.543.

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Halberstam, Chaya. "Legal Justice or Social Justice?" Journal of Ancient Judaism 7, no. 3 (May 14, 2016): 397–422. http://dx.doi.org/10.30965/21967954-00703006.

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This article aims to read closely the tannaitic material pertaining to judicial discretion and legal justice with the understanding that the rabbis are not simply clarifying certain specialized questions about courtroom procedure but are seriously engaging a core facet of Roman imperial and Hellenistic ideology: the benefits and deficits of the rule of law. It has been noted that as opposed to later, talmudic rabbis, the Tanaaim are particularly strict with regard to personal, judicial discretion – in other words, that rather than strike a balance between law and wisdom, they allow only for rule-based decision making. This article suggests that the Tanaaim not only opt for rule-bound decision making, but that they do so with a full awareness of what is lost from broader ideals of social justice when judges are required to abide, almost mechanically, by the rules. The Tanaaim thereby contributed to contemporary questions in political philosophy from the point of view of disempowered Roman provincials for whom the rule of law meant less as political propaganda and more as a measure of stability in uncertain times.

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Dzeiko, Zh O. "Legal technique of interpretation of the law: theoretical and legal aspecks." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 62–66. http://dx.doi.org/10.33663/2524-017x-2021-12-10.

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In her work, the author proposes a system of means, methods, techniques and rules for the exercise of legal activity by subjects of law to understand and, if necessary, to explain the content of the law, aimed at obtaining a legal result. It is true that the main features of legal technology for the interpretation of norms of law are: it is a relatively autonomous element of the legal situation, which derives from its qualitative and quantitative characteristics; The essence of the legal technique of interpreting norms of law is that it corresponds to the essence of the law and the level of development of the legal system; its application is carried out as a result of the thoughtful, willful activity of subjects of law; The content of the legal technique for interpreting the law includes a system of means, means, techniques and rules for understanding and, where necessary, explaining the law; In the form in which its content is expressed, the legal technique of interpreting the rules of law is embodied in certain means, methods, techniques and rules; the legal technique of interpreting the rules of law may be classified into types; The role and importance of the legal technique in the interpretation of norms of law is revealed in the law-making and in the implementation of norms; the legal technique of the interpretation of norms of law is mainly based on the achievements of the legal science, namely the theory of law; The application of the legal technique to the interpretation of the law must be within the limits of the law. The legal technique of interpreting the norms of law should serve to affirm, safeguard and realize human and civil rights and freedoms. The essence and social function of legal technology in the interpretation of norms of law is manifested in law-making and in the implementation of norms of law. Keywords: rule of law, law-making, realization rule of law, interpretation rule of law, legal technique, legal technique of interpretation of the law

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LAX, JEFFREY R. "Constructing Legal Rules on Appellate Courts." American Political Science Review 101, no. 3 (July 26, 2007): 591–604. http://dx.doi.org/10.1017/s0003055407070347.

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Appellate courts make policy, not only by hearing cases themselves, but by establishing legal rules for the disposition of future cases. The problem is that such courts are generally multimember, or collegial, courts. If different judges prefer different rules, can a collegial court establish meaningful legal rules? Can preferences that take the form of legal rules be aggregated? I use a “case-space” model to show that there will exist a collegial rule that captures majoritarian preferences, and to show that there will exist a median rule even if there is no single median judge. I show how collegial rules can differ from the rules of individual judges and how judicial institutions (such as appellate review and the power to write separate opinions) affect the stability and enforceability of legal rules. These results are discussed in light of fundamental debates between legal and political perspectives on judicial behavior.

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이보미. "A Study on the Suitability Rule of Variable Insurance." KOOKMIN LAW REVIEW 28, no. 2 (October 2015): 169–215. http://dx.doi.org/10.17251/legal.2015.28.2.169.

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Nurlaelawati, Euis. "Menuju Kesetaraan dalam Aturan Kewarisan Islam Indonesia: Kedudukan Anak Perempuan versus Saudara Kandung." JURNAL INDO-ISLAMIKA 2, no. 1 (June 26, 2015): 75–90. http://dx.doi.org/10.15408/idi.v2i1.1653.

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As response to the demand on women’s legal development, through the KHI Hukum Islam, Indonesia introduced a number of legal reforms on familial issues, including inheritance. Several legal reforms on inheritance issues include the rule of ahli waris pengganti, the rule of wasiat wajiba (obligatory bequest), and the rule of the share of daughters versus collaterals. These novel rules were introduced as to meet the demands of both solving contemporary legal issues and of empowering women to put them in equal position as men. This paper discusses the detailed rule on the share of daughter(s) when meeting collaterals in the case of inheritance as put forward in the KHI and its departure from the classical legal doctrines as found in fiqh texts. Using both bibliographical and field researches, which involve interviews with several judges and observation on judges’ decisions, this paper discovers that some judges continued to refer to classical legal doctrines and neglect the rule in the KHI. It also displays that there have been debate on the rule within both judges and legal scholars, demonstrating that the rule does not have firm legal Islamic rationale.

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Rodziewicz, Piotr. "Niejednoznaczne podstawy stosowania przepisów wymuszających swoje zastosowanie (przepisów koniecznego zastosowania)." Problemy Prawa Prywatnego Międzynarodowego 24 (June 30, 2019): 169–87. http://dx.doi.org/10.31261/pppm.2019.24.07.

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The article raises issues concerning legal basis for the application of the overriding mandatory rules. In the Polish doctrine there are two opposing concepts in terms of explanation of the legal grounds for application of overriding mandatory rules. Both theories do not have a universal dimension, in the sense that they do not sufficiently explain the basis for the application of domestic as well as foreign overriding mandatory rules, being part of lex causae or coming from a third state. The article presents arguments for and against the possibility of deriving the legal grounds for application of the overriding mandatory rules, with reference to submissions made to that effect in literature. The author makes also an attempt to formulate a concept complementary to the concept of an integrated conflict-of-law rule with the substantive law rule, boiling down to the assumption that the basis for application of overriding mandatory rule is a second degree conflict of laws rule allowing to apply a first degree conflict of laws rule integrated with the substantive rule.

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김택주. "The over the count trade of Derivative and Suitability rule." KOOKMIN LAW REVIEW 29, no. 2 (October 2016): 9–54. http://dx.doi.org/10.17251/legal.2016.29.2.9.

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Dissertations / Theses on the topic "Legal rule"

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Cassel, Par Kristoffer. "Rule of law or rule of laws: Legal pluralism and extraterritoriality in nineteenth century East Asia." [S.I. : s.n.], 2006. http://catalog.hathitrust.org/api/volumes/oclc/150373677.html.

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Roy, Archie W. N. "Developmental change in socio-legal perception : the effects of cognitive and socio-cognitive conflict." Thesis, University of Strathclyde, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.249024.

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Zajac, Sannerholm Richard. "Rule of Law After War : Ideologies, Norms and Methods for Legal and Judicial Reform /." Örebro : Örebro University, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-8513.

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Berger, Victoria Anna [Verfasser]. "Vorstandshaftung und Beratung : Ision-Kriterien, unternehmerische Entscheidung und Legal Judgment Rule / Victoria Anna Berger." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2015. http://d-nb.info/110634023X/34.

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Ibrahim, Bilal. "The evolution of the rule of law : the origins and function of legal theory." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98935.

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The thesis examines the origins and function of legal theory ( usul al-fiqh) within the context of the development of early Islamic law. I argue against the depiction of the development of law as a series of compromises between traditionalism and rationalism. Rather, by evading the demands of traditionalism, law evolved into a complex doctrinal entity rooted in the social structures of third-century Abbasid society. This revision of the development of law provides a context to evaluate early works of legal theory. Moreover, in context of my analysis of the development of law, I attempt to explain the emergence of legal theory as an independent discipline and its function within the greater structure of law.

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Nordbrandt, Lisa, and Lina Birgersson. "Developing Legal University Education in Lao PDR : In order to Strengthen Rule of Law." Thesis, Umeå universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-101286.

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Köhler, Karoline Henrike [Verfasser]. "Legal Judgement Rule : Konzeption zur Reformierung der Vorstandshaftung nach dem Aktiengesetz / Karoline Henrike Köhler." Frankfurt a.M. : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2018. http://d-nb.info/1161046755/34.

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Köhler, Karoline H. [Verfasser]. "Legal Judgement Rule : Konzeption zur Reformierung der Vorstandshaftung nach dem Aktiengesetz / Karoline Henrike Köhler." Frankfurt a.M. : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2018. http://nbn-resolving.de/urn:nbn:de:101:1-2018061315041421697670.

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Moles, R. N. "Definition and rule in jurisprudence : a critique of H.L.A. Hart's response to John Austin." Thesis, University of Edinburgh, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.370587.

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Birgersson, Lina, and Lisa Nordbrandt. "Utveckling av juridisk universitetsutbildning i Laos. För att stärka Rule of Law." Thesis, Umeå universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-101647.

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Books on the topic "Legal rule"

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Fernandez, Angela. Legal process rule book. 2nd ed. [Toronto]: Faculty of Law, University of Toronto, 2007.

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Fernandez, Angela. Legal process rule book. 2nd ed. [Toronto]: Faculty of Law, University of Toronto, 2007.

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Niblett, Anthony. The evolution of a legal rule. Cambridge, MA: National Bureau of Economic Research, 2008.

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Tortella, Sebastián Urbina. Legal method and the rule of law. Boston: Kluwer Law International, 2002.

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Čavoški, Aleksandra. Article 234 - the legal rule that built Europe. Belgrade: Institute of Comparative Law, 2005.

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B, Salerno Michael, and Martineau Robert J, eds. Legal, legislative, and rule drafting in plain English. St. Paul, MN: Thomson/West, 2005.

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Kinzo, Maria D’Alva G. Legal Opposition Politics under Authoritarian Rule in Brazil. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-08790-7.

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Ávila, Humberto Bergmann. Theory of legal principles. Dordrecht: Springer, 2007.

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Günther, Klaus. Hero-politics in modern legal times: Presuppositions of critical legal studies and their critique. Madison, Wis: Institute for Legal Studies, University of Wisconsin-Madison, Law School, 1990.

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Silkenat, James R., James E. Hickey, and Peter D. Barenboim, eds. The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat). Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-05585-5.

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Book chapters on the topic "Legal rule"

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Constable, Marianne, and Linda Ross Meyer. "No rule for the application of rules." In Legal Rules in Practice, 29–43. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003046776-4.

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Bertea, Stefano. "Obligation: A Legal-Theoretical Perspective." In Problems of Normativity, Rules and Rule-Following, 147–63. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-09375-8_11.

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Araszkiewicz, Michał. "Legal Rules: Defeasible or Indefeasible?" In Problems of Normativity, Rules and Rule-Following, 415–31. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-09375-8_31.

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Banaś, Paweł. "Legal Interpretation as a Rule-Guided Phenomenon." In Problems of Normativity, Rules and Rule-Following, 255–64. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-09375-8_19.

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Cohn, Ellen S., and Susan O. White. "A Comparison of Two Rule-Enforcing Experiences." In Legal Socialization, 152–79. New York, NY: Springer New York, 1990. http://dx.doi.org/10.1007/978-1-4612-3378-7_10.

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Rodríguez, Jorge L. "The Rule of Recognition as a Constitutive Convention." In Legal Conventionalism, 65–87. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-03571-6_5.

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Atienza, Manuel, and Juan Ruiz Manero. "The Rule of Recognition." In A Theory of Legal Sentences, 141–61. Dordrecht: Springer Netherlands, 1998. http://dx.doi.org/10.1007/978-94-007-0848-8_5.

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Stranieri, Andrew, and John Zeleznikow. "Data Mining with Rule Induction." In Knowledge Discovery from Legal Databases, 83–98. Dordrecht: Springer Netherlands, 2005. http://dx.doi.org/10.1007/1-4020-3037-1_5.

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Grabowski, Andrzej. "The Validity of Moral Rules and Principles as a Legal Problem." In Problems of Normativity, Rules and Rule-Following, 341–49. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-09375-8_25.

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Krygier, Martin. "Rule of Law (and Rechtsstaat)." In The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat), 45–59. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-05585-5_4.

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Conference papers on the topic "Legal rule"

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"TERRORISM AND THE RULE OF LAW: Analysis of International Law Perspectives." In International Legal Issues Conference. Tishk International University, 2020. http://dx.doi.org/10.23918/ilic2020.58.

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Schild, Uri J., and Shai Herzog. "The use of meta-rules in rule based legal computer systems." In the fourth international conference. New York, New York, USA: ACM Press, 1993. http://dx.doi.org/10.1145/158976.158989.

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Oskamp, A., R. F. Walker, J. A. Schrickx, and P. H. van den Berg. "PROLEXS divide and rule: a legal application." In the second international conference. New York, New York, USA: ACM Press, 1989. http://dx.doi.org/10.1145/74014.74022.

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van Kuyck, Raf, and Beatrice Van Buggenhout. "A model for rule based legal knowledge representation." In the sixth international conference. New York, New York, USA: ACM Press, 1997. http://dx.doi.org/10.1145/261618.261667.

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Lundström, Jenny Eriksson, Andreas Hamfelt, and Jørgen Fischer Nilsson. "A rule-sceptic characterization of acceptable legal arguments." In the 11th international conference. New York, New York, USA: ACM Press, 2007. http://dx.doi.org/10.1145/1276318.1276372.

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Casalicchio, Emiliano. "An Autonomic Legal-Rule Aware Cloud Service Broker." In 2015 International Conference on Cloud and Autonomic Computing (ICCAC). IEEE, 2015. http://dx.doi.org/10.1109/iccac.2015.24.

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Miladinović Drobnič, Snežana. "SAVREMENA USLUŽNA PRAVILA I VLADAVINA PRAVA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.041m.

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In this research study, the author is dealing with the contemporary service rules in the light of the idea of the rule of law. The rule of law, as Kosta Čavoški says, is "a meta-legal idea of a valid legal order that, through detailed and permanent legal restrictions of state power, appropriate properties of law and reliable institutional guarantees, most ensures human security and freedom." In this paper, the author is dealing with the concept of the rule of law and the principles on which it is based, and then analyzes the principles on which modern service rules are based. We have paid special attention to the service rules contained in the Services Directive and the Draft Common Frame of Reference for Private Law.

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Ibragimov, Sherzod, and Aziza Makhmudova. "LEGAL CULTURE - THE BASIS FOR THE RULE OF LAW." In SPECIALIZED AND MULTIDISCIPLINARY SCIENTIFIC RESEARCHES. European Scientific Platform, 2020. http://dx.doi.org/10.36074/11.12.2020.v2.37.

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Forhecz, Andras, and Gyorgy Strausz. "An ontology-based rule chaining algorithm for legal expert systems." In 2011 IEEE 12th International Symposium on Computational Intelligence and Informatics (CINTI). IEEE, 2011. http://dx.doi.org/10.1109/cinti.2011.6108546.

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Csöndes, Mónika. "THE PUBLIC POLICY (ORDRE PUBLIC) RULE OF THE EU SUCCESSION REGULATION AND THE HUNGARIAN INHERITANCE LAW." In EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2019. http://dx.doi.org/10.25234/eclic/9035.

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Reports on the topic "Legal rule"

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Niblett, Anthony, Richard Posner, and Andrei Shleifer. The Evolution of a Legal Rule. Cambridge, MA: National Bureau of Economic Research, March 2008. http://dx.doi.org/10.3386/w13856.

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Kerwin, Donald, Robert Warren, and Mike Nicholson. Proposed Public Charge Rule Would Significantly Reduce Legal Admissions and Adjustment to Lawful Permanent Resident Status of Working Class Persons. Center for Migration Studies, November 2018. http://dx.doi.org/10.14240/cmsrpt1118n2.

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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, June 2021. http://dx.doi.org/10.52008/gh2021sdg.

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In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030

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CORPS OF ENGINEERS WASHINGTON DC. Legal Services: Procedures for Implementation and Enforcement of the Rules of Professional Conduct for Attorneys. Fort Belvoir, VA: Defense Technical Information Center, February 1996. http://dx.doi.org/10.21236/ada404219.

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Foster, Jessica. Survey of Legal Mechanisms Relating to Groundwater Along the Texas-Mexico Border. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, April 2018. http://dx.doi.org/10.37419/eenrs.groundwateralongborder.

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The purpose of this study is to present a factual picture of the multiple groundwater governance frameworks that cover the same transboundary aquifers on the Texas-Mexico border. The study can then serve as a foundation to support future research and as a reference for those sharing groundwater resources on the border to use in considering whether and how to coordinate management. Currently, Texas A&M School of Law, the Bush School of Government and Public Service at Texas A&M University, and the Texas Water Resources Institute are collaboratively pursuing a larger interdisciplinary project, and the study presented in this report is part of that concerted endeavor. First, the project establishes a study area, then identifies who are the stakeholders in the area, and finally summarizes the various rules each entity applies to groundwater. The study area selected is based on the aquifers identified in the 2016 study noted above (see Figure 1). Although there is currently no formal agreement between governments or users in Mexico and Texas for managing the reservoirs that cross underneath the international border, this survey represents a preliminary step in addressing the larger problems that the absence of a cooperative groundwater management framework presents. All of the institutional approaches employed in the various jurisdictions surveyed here model features from which developing management approaches could draw. Equally, noting gaps in the institutional approaches themselves and the ad hoc groundwater withdrawals occurring outside the reach of those institutions illustrates potential value in engaging local users in Texas’ and Mexico’s respective groundwater governance arrangements.

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Sadowski, Dieter. Board-Level Codetermination in Germany - The Importance and Economic Impact of Fiduciary Duties. Association Inter-University Centre Dubrovnik, May 2021. http://dx.doi.org/10.53099/ntkd4304.

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The empirical accounts of the costs and benefits of quasi-parity codetermined supervisory boards, a very special German institution, have long been inconclusive. A valid economic analysis of a particular legal regulation must take the legal specificities seriously, otherwise it will be easily lost in economic fictions of functional equivalence. At its core the corporate actor “supervisory board” has no a priori objective function to be maximised – the corner stone of the theory of the firm – but its objective function will only be brought about a posteriori – should negotiations result in an agreement (E. Fraenkel). With this understanding,the paper presents six recent quasi-experimental studies on the economic (dis) advantageousness of the German codetermination laws that try to follow the rules of causal inference despite the lack of random variation. By and large they refute the hold-up model of codetermination by showing positive or nonnegative effects even on shareholder wealth – and a far-reaching improvement of the well-being of the core workforce. In conclusion, indications are offered that the shareholder primacy movement has only weakened, but not dissolved the “Deutschland AG”.

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Colomb, Claire, and Tatiana Moreira de Souza. Regulating Short-Term Rentals: Platform-based property rentals in European cities: the policy debates. Property Research Trust, May 2021. http://dx.doi.org/10.52915/kkkd3578.

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Short-term rentals mediated by digital platforms have positive and negative impacts that are unevenly distributed among socio-economic groups and places. Detrimental impacts on the housing market and quality of life of long-term residents have been particular contentious in some cities. • In the 12 cities studied in the report (Amsterdam, Barcelona, Berlin, Brussels, Lisbon, London, Madrid, Milan, Paris, Prague, Rome and Vienna), city governments have responded differently to the growth of short-term rentals. • The emerging local regulations of short-term rentals take multiple forms and exhibit various degrees of stringency, ranging from rare cases of laissez-faire to a few cases of partial prohibition or strict quantitative control. Most city governments have sought to find a middle-ground approach that differentiates between the professional rental of whole units and the occasional rental of one’s home/ primary residence. • The regulation of short-term rentals is contentious and highly politicised. Six broad categories of interest groups and non-state actors actively participate in the debates with contrasting positions: advocates of the ‘sharing’ or ‘collaborative’ economy; corporate platforms; professional organisatons of short-term rental operators; new associations of hosts or ‘home-sharers’; the hotel and hospitality industry; and residents’ associations/citizens’ movements. • All city governments face difficulties in implementing and enforcing the regulations, due to a lack of sufficient resources and to the absence of accurate and comprehensive data on individual hosts. That data is held by corporate platforms, which have generally not accepted to release it (with a few exceptions) nor to monitor the content of their listings against local rules. • The relationships between platforms and city governments have oscillated between collaboration and conflict. Effective implementation is impossible without the cooperation of platforms. • In the context of the European Union, the debate has taken a supranational dimension, as two pieces of EU law frame the possibility — and acceptable forms — of regulation of online platforms and of short-term rentals in EU member states: the 2000 E-Commerce Directive and the 2006 Services Directive. • For regulation to be effective, the EU legal framework should be revised to ensure platform account- ability and data disclosure. This would allow city (and other ti ers of) governments to effectively enforce the regulations that they deem appropriate. • Besides, national and regional governments, who often control the legislative framework that defines particular types of short-term rentals, need to give local governments the necessary tools to be able to exercise their ‘right to regulate’ in the name of public interest objectives.

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