Ewan McGaughey

School of Law, King's College, London; Centre for Business Research, University of Cambridge

Senior Lecturer

Somerset House East Wing

Strand

London, WC2R 2LS

United Kingdom

http://kclpure.kcl.ac.uk/portal/ewan.mcgaughey.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall

Berkeley, CA 94720-7200

United States

SCHOLARLY PAPERS

43

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19,482

SSRN CITATIONS
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Top 23,196

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16

CROSSREF CITATIONS

26

Ideas:
“  I have finished a new book, Principles of Enterprise Law: the economic constitution and rights (Cambridge UP 2022) on the finance, governance and rights in enterprise, including the general laws of corporate, labour, competition and insolvency, and specific laws in universities, health care, banks, energy, agriculture, water, housing, transport, communications, media, marketplaces and the military. Next I am completing a series of articles, an edited Handbook on Competition and Labour Law (Cambridge UP), and then A Very Short Introduction to the Corporation (Oxford UP).  ”

Scholarly Papers (43)

Will Robots Automate Your Job Away? Full Employment, Basic Income, and Economic Democracy

Centre for Business Research, University of Cambridge, Working Paper no. 496
Number of pages: 34 Posted: 05 Oct 2017 Last Revised: 06 Oct 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 2,844 (5,170)

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Robots, automation, inequality, law, unemployment, basic income, NAIRU, sheep, Luddites, washing machines, flying skateboards

Will Robots Automate Your Job Away? Full Employment, Basic Income, and Economic Democracy

TLI Think! Paper 3/2018, King's College London Law School Research Paper No. 2018-12
Number of pages: 34 Posted: 07 Feb 2018 Last Revised: 06 Oct 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 331 (110,528)
Citation 7

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Robots, Automation, Inequality, Law, Unemployment, Basic Income, NAIRU, Sheep, Luddites, Washing Machines, Flying Skateboards

2.

Corporate Governance for Sustainability

Number of pages: 6 Posted: 07 Jan 2020 Last Revised: 30 Jun 2020
Warwick Law School, affiliation not provided to SSRN, University of Oxford - Said Business School, University of Cambridge - Centre for Business Research (CBR), University of Michigan, Sciences Po, Columbia University School of Law, École Nationale Supérieure des Mines de Paris - Centre de Gestion Scientifique (CGS), York University - Osgoode Hall Law School, Washington and Lee University - School of Law, University of Bristol, University of Oslo - Faculty of Law, University of Georgia School of Law, University of York - York Law School, City University London - Sir John Cass Business School, University of Bristol, Peter A. Allard School of Law, Ecole Universitaire de Management Clermont-Ferrand, University of Essex, University of San Francisco - School of Business and Management, University of New South Wales (UNSW) - Faculty of Law, Drucker Institute, Essex Business School, Frank Bold, Morgan State University, Durham Business School, Liverpool Hope University, University of Manchester - School of Law, De Montfort University - Faculty of Business and Law, Wellesley College - Department of Economics, University of Birmingham, Linnaeus University, University of York, Queen Mary University of London - School of Law, University of California, Davis - School of Law, Queen's University Belfast - School of Law, affiliation not provided to SSRN, University of South Australia, University of Leicester - Management Centre, University of York, HEC Paris, University of Glasgow, University College London - Faculty of Laws, School of Law, King's College, London; Centre for Business Research, University of Cambridge, Royal Holloway, University of London, University of Bristol - School of Law, University of Sheffield, University College London, Faculty of Laws, Nyenrode Business University, University of Oregon - Department of Management, Rotterdam School of Management, Erasmus University, University of Westminster, Universidad Andres Bello, University of Colorado at Boulder, University of Alberta - Department of Accounting, Operations & Information Systems, Queen’s University, School of Business and Economics, Linnaeus University, University of Auckland Faculty of Law, Zefat Academic College, University of Leeds, University of Dundee - Department of Accountancy & Business Finance, affiliation not provided to SSRN, Oxford Brookes Business School, School of Law, University of Sheffield, Hofstra University College of Law, The Open University - Department of Political Economics, University of Leeds - School of Law, University of Massachusetts, University of Sheffield, School of Law, ICCE, Goldsmiths, University of London, University of Glasgow and College of Business, United Arab Emirates University
Downloads 1,916 (10,078)
Citation 1

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corporate governance, company law, director duties, board obligations, sustainable finance action plan, sustainability strategy, ESG, shareholder primacy, sustainable development, climate change

The Codetermination Bargains: The History of German Corporate and Labour Law

(2016) 23(1) Columbia Journal of European Law 135, LSE Legal Studies Working Paper No. 10/2015
Number of pages: 44 Posted: 27 Mar 2015 Last Revised: 31 Mar 2021
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 1,191 (20,755)
Citation 10

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The Codetermination Bargains: The History of German Corporate and Labour Law

(2016) 23(1) Columbia Journal of European Law 135, King's College London Law School Research Paper No. 2015-15
Number of pages: 46 Posted: 23 Dec 2014 Last Revised: 23 Apr 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 271 (136,836)

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Codetermination, corporate governance, nexus of contracts, worker participation, history, collective agreements

4.

Are Zero Hours Contracts Lawful?

Number of pages: 8 Posted: 30 Nov 2014 Last Revised: 10 Dec 2014
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 1,270 (19,184)

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Zero hours, contracts, employment, bargaining power

5.

Uber, the Taylor Review, Mutuality, and the Duty to Not Misrepresent Employment Status

(2019) 48(2) Industrial Law Journal 180
Number of pages: 14 Posted: 16 Aug 2017 Last Revised: 01 Oct 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 1,058 (25,173)
Citation 1

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Uber, Fraud, Taylor, Dishonesty, Mutuality of Obligation, Bargaining Power, Universal Declaration, Labour, Employment, Rights

Fascism-Lite in America (or the Social Ideal of Donald Trump)

(2018) 7(2) British Journal of American Legal Studies 291 , TLI Think! Paper 26/2016, King's College London Law School Research Paper No. 16-26
Number of pages: 26 Posted: 03 May 2016 Last Revised: 02 Jun 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 745 (40,520)
Citation 1

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Democracy, fascism, corruption, Lewis Powell, Antonin Scalia, Donald Trump, Buckley v. Valeo, Citizens United, corporations, campaign expenditures, free speech

Fascism-Lite in America (or the Social Ideal of Donald Trump)

(2018) 7(2) British Journal of American Legal Studies 291
Number of pages: 24 Posted: 25 Aug 2017 Last Revised: 02 Jun 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 209 (176,774)
Citation 1

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Democracy, Fascism, Corruption, Lewis Powell, Antonin Scalia, Donald Trump, Buckley v. Valeo, Citizens United, Corporations, Campaign Expenditures, Free Speech

7.

A Human Is Not a Resource

(2020) 31(2) King's Law Journal 1.
Number of pages: 18 Posted: 15 Jan 2018 Last Revised: 27 Feb 2021
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 952 (29,300)
Citation 1

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Human Resource Management, Labour Is Not a Commodity, Social Justice, Job Security, Full Employment, Trade Unions, Votes at Work, Productivity, Human Rights

8.

The Social Role of Private Law (Otto von Gierke, 1889)

(2018) 19(4) German Law Journal 1017, King's College London Law School Research Paper
Number of pages: 55 Posted: 01 Nov 2016 Last Revised: 13 Aug 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 818 (36,148)
Citation 1

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Social law, private law, public law, obligations, property, person, corporations, nation-state, international law

9.

Should Agency Workers Be Treated Differently?

LSE Legal Studies Working Paper No. 7/2010
Number of pages: 34 Posted: 14 Jun 2010
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 807 (36,820)
Citation 1

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10.

Could Brexit Be Void?

29(3) King's Law Journal 331-343, King's College London Law School Research Paper No. 2018-29
Number of pages: 11 Posted: 05 Sep 2018 Last Revised: 21 Feb 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 692 (45,437)

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Brexit, fraud, democracy, integrity, constitutional law, fake news, Information Commissioner, Electoral Commission, Russia, war, data, Facebook, Twitter, Youtube

11.

Donoghue v. Salomon in the High Court

[2011] Journal of Personal Injury Law 249
Number of pages: 20 Posted: 23 Mar 2013
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 680 (46,634)
Citation 2

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Corporate veil, tort, limited liability

12.

Do Corporations Increase Inequality?

TLI Think! Paper 32/2016
Number of pages: 52 Posted: 02 Dec 2015 Last Revised: 09 Sep 2016
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 586 (56,431)

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Inequality, corporations, corporate governance, labour rights, institutional investors, pensions, executive pay, say on pay, democracy

13.

Behavioural Economics and Labour Law

Shorter version in A Ludlow and A Blackham, New Frontiers in Empirical Labour Law Research (2015) ch 6 , LSE Legal Studies Working Paper No. 20/2014, King's College London Law School Research Paper No. 2015-04
Number of pages: 38 Posted: 16 Jul 2014 Last Revised: 22 Dec 2015
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 493 (69,995)
Citation 1

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Behavioural economics, labour law, pensions, fairness, productivity, efficiency, nudge, rights, Coase

14.

Is Unequal Bargaining Power an Unjust Factor?

King's College London Law School Research Paper No. 2018-17
Number of pages: 21 Posted: 12 Jul 2018 Last Revised: 03 Oct 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 466 (74,983)

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inequality, bargaining power, contracts, unjust enrichment, fusion, justice, rights

15.

Participation in Corporate Governance

Number of pages: 222 Posted: 15 Apr 2015 Last Revised: 16 Aug 2016
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 462 (75,790)
Citation 3

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Corporate governance, institutional investors, directors, shareholders, ultimate beneficiaries, United Kingdom, Germany, United States, negligence, conflicts of interest, economic productivity, social justice

16.

Democracy in America at Work: The History of Labor's Vote in Corporate Governance

(2019) 42 Seattle University Law Review 697 , King's College London Law School Research Paper 2019-24
Number of pages: 48 Posted: 11 Oct 2018 Last Revised: 22 Oct 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 369 (98,389)
Citation 1

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Democracy, Labor Law, Corporate Governance, Codetermination, Accountable Capitalism, Pensions, Shareholders, Asset Managers, Other People's Money, Labor's Capital, Wall Street

17.

Unfair Dismissal Reform: Political Ping-Pong with Equality?

(2012) Equal Opportunities Review, Issue 226
Number of pages: 17 Posted: 03 Mar 2012 Last Revised: 29 Nov 2014
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 317 (116,575)
Citation 1

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unfair dismissal, equality, discrimination, job security, workplace democracy, unemployment, Seymour-Smith, Edwards, Chesterfield

18.

A Twelve Point Plan for Labour, and A Manifesto for Labour Law

(2017) 46(1) Industrial Law Journal 169-184, Keith D. Ewing, John Hendy QC and Carolyn Jones (eds), A Manifesto for Labour Law: towards a comprehensive revision of workers’ rights (Institute of Employment Rights, 2016)
Number of pages: 14 Posted: 02 Oct 2016 Last Revised: 04 Feb 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 296 (125,398)

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Manifesto, Labour Law, Democracy, Social Justice, Inequality, Codetermination, Work Councils, Full Employment, Institutional Investment

19.

Does Corporate Governance Exclude the Ultimate Investor?

16(1) Journal of Corporate Law Studies 221
Number of pages: 17 Posted: 30 Sep 2015 Last Revised: 28 Sep 2017
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 277 (134,346)
Citation 3

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governance, ultimate investor, voting, pension trust, beneficiary, mutual fund, life insurance

20.

Votes at Work in Britain: Shareholder Monopolisation and the ‘Single Channel’

(2018) 47(1) Industrial Law Journal 76
Number of pages: 28 Posted: 03 May 2014 Last Revised: 22 Aug 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 276 (134,906)
Citation 3

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Participation, labour law, corporate governance, codetermination, collective bargaining, company law

21.

Democracy or Oligarchy? Models of Union Governance in the UK, Germany and US

King's College London Law School Research Paper No. 2017-35
Number of pages: 45 Posted: 30 Jun 2017 Last Revised: 28 Aug 2017
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 251 (148,569)

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Trade Union, Labor Union, Democracy, Oligarchy, Michels, Iron Law, Fascism, Behavioural Psychology, Status Quo Bias, Models, Conscious Choice

22.

Ideals of the Corporation and the Nexus of Contracts

(2015) 78(6) Modern Law Review 1057
Number of pages: 13 Posted: 09 Dec 2015
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 200 (184,443)

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Corporate governance, nexus of contracts, public, private, social institution

23.

Member Nominated Trustees and Corporate Governance

King's College London Law School Research Paper No. 2015-26
Number of pages: 10 Posted: 26 Feb 2015 Last Revised: 20 Apr 2016
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 175 (207,575)
Citation 2

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Corporate governance, voting, accountability, member nominated trustees, pensions, equity

24.

Otto Kahn-Freund, Autobiographical Memories of the Weimar Republic: A Conversation with Wolfgang Luthardt (February 1978)

King's College London Law School Research Paper No. 2016-34
Number of pages: 15 Posted: 24 May 2016 Last Revised: 13 Jan 2020
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 173 (209,644)

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Labour law, socialism, democracy, Marxism, freedom, fascism, Sinzheimer, Fraenkel

25.

Social Rights and the Function of Employing Entities

(2017) 38(2) Oxford Journal of Legal Studies 482, King's College London Law School Research Paper No. 2017-03
Number of pages: 20 Posted: 02 Jan 2017 Last Revised: 20 Feb 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 134 (258,744)

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social rights, employer, employing entity, effectiveness, bargaining power, purpose, sub contracting, agency work, private equity, corporate groups

26.

The Charter of Consumer Rights and the UK Supreme Court

Number of pages: 20 Posted: 19 Apr 2016 Last Revised: 27 Jun 2016
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 134 (258,744)

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Fairness, consumer rights, freedom of contract

27.

A Casebook on Labour Law (2018) (Preface and Chapter 1)

A Casebook on Labour Law (Hart 2018) Preface and ch 1, King's College London Law School Research Paper No. 19-5
Number of pages: 51 Posted: 25 Oct 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 132 (261,679)

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Labour, law, history, theory

Taylorooism: When Network Technology Meets Corporate Power

(2018) 49(5-6) Industrial Relations Journal 459, King's College London Law School Research Paper No. 19-13
Number of pages: 15 Posted: 07 Oct 2018 Last Revised: 02 Jun 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 117 (287,429)

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Taylorism, Malthusianism, Gig-Economy, Fraud, Uber, Deliveroo, Peasants’ Revolt, Speenhamland, Employment Rights

Taylorooism: When Network Technology Meets Corporate Power

Industrial Relations Journal, Vol. 49, Issue 5-6, pp. 459-472, 2018
Number of pages: 14 Posted: 26 Dec 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
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29.

Green New Deal: Policies to Stop Climate Damage by 2025

TLI Think! Paper Forthcoming
Number of pages: 9 Posted: 16 Aug 2019 Last Revised: 22 Jul 2020
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 113 (293,007)

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Climate Damage, Green New Deal, Green House Gases, Extinction

30.

All in 'It' Together: Worker Wages Without Worker Votes

(2016) 27(1) King's Law Journal 1
Number of pages: 10 Posted: 09 Feb 2016 Last Revised: 19 May 2016
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 103 (312,362)

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wages, voice, votes, democracy, economy, inequality, minimum wage, fair wages

31.

A Social Recovery, Workplace Democracy and Security: COVID-19 and Labour Law

(2021) 32(1) King's Law Journal 122, King's College London Law School Research Paper
Number of pages: 14 Posted: 09 Feb 2021 Last Revised: 03 May 2021
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 100 (318,522)

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COVID-19, coronavirus, labour law, labor law, employment law, health, education, university, pandemic, Coronavirus Job Retention Scheme, health and safety, social security, workplace democracy

32.

What Is the UK’s True Constitution?

Chapter in A Bogg, J Rowbottom and A Young (eds), The Constitution of Social Democracy (Hart 2020) Forthcoming
Number of pages: 17 Posted: 19 Sep 2019 Last Revised: 22 Oct 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 72 (388,211)

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Constitution, codification, human rights, social and economic rights, executive, judiciary, legislature

33.

Economic Democracy in the 21st Century: The Vote in Labour, Capital and Public Services

(2020) Journal of Comparative Law, King's College London Law School Research Paper Forthcoming
Number of pages: 29 Posted: 23 Aug 2019 Last Revised: 11 Sep 2020
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 68 (400,391)
Citation 1

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Economic democracy, codetermination, labour, capital, public services

34.

Unions’ Freedom to Establish and Provide Services

Number of pages: 16 Posted: 18 May 2018 Last Revised: 03 Aug 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 58 (433,834)

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Trade Union, Freedom, Establishment, Services, Collective Bargaining, Right to Strike, Posted Workers, Procurement, Competition Law, False Self-Employment, Fascism, Democracy

35.

The Future of Democracy and Work: The Vote in Our Economic Constitution

Sefton-Williams Lecture 2021, University of Toronto
Number of pages: 15 Posted: 07 Apr 2021
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 53 (452,206)

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Democracy, work, capital, economic democracy, industrial democracy, universities, governance, contract, membership, property, human rights, vote, green recovery, social recovery, political recovery

36.

A Casebook on Labour Law (2018) Chapter 16, 'Full employment'

A Casebook on Labour Law (Hart 2018)
Number of pages: 60 Posted: 11 Jan 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 50 (463,880)

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full employment, unemployment, monetary policy, fiscal policy, trade

37.

A Casebook on Labour Law (2018) Chapter 11, 'Votes at Work'

A Casebook on Labour Law (2018) Chapter 11, 'Votes at Work', King's College London Law School Research Paper No. 19-1
Number of pages: 45 Posted: 11 Dec 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 47 (475,976)

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labour, law, codetermination, pensions, votes, economic democracy

38.

Liability for Climate Damage and Shipping

Chapter in S Baughan, B Soyer and A Tettenborn (eds), Disruptive Technologies, Climate Change, and Shipping Law (2021) forthcoming , King's College London Law School Research Paper Forthcoming
Number of pages: 14 Posted: 22 Mar 2021
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 43 (493,182)

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Climate change, climate damage, air pollution, environmental law, shipping, Paris Agreement, Maersk, Hapag-Lloyd, Mediterranean Shipping Co, CMA CGM Group, tort, causation, crime, human rights, director's duties, International Maritime Organization.

39.

OECD Employment Protection Legislation Indicators and Reform

TLI Think! Paper Forthcoming
Number of pages: 7 Posted: 13 Aug 2019 Last Revised: 22 Jul 2020
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 41 (502,121)

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labour rights, labour law, OECD, employment protection

40.

Studying EU Soft Law Effects in Social Policy

King's College London Law School Research Paper Forthcoming
Number of pages: 112 Posted: 29 Sep 2020
Freie Universität, Berlin, University of Helsinki, affiliation not provided to SSRN, Unisalento, Maastricht Center for European Law, Radboud University Nijmegen - Faculty of Law, affiliation not provided to SSRN and School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 40 (506,710)

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Social policy; EU law; Soft law; Member States

41.

Green Recovery Act 2020

Green Recovery Act: A Report produced by Common Wealth (2020)
Number of pages: 38 Posted: 22 Mar 2021
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 28 (569,067)

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Green recovery, climate change, global warming, climate damage, transport, electricity, coal, oil, gas, housing, just transition, directors' duties, green banking

42.

From ‘Capital and Ideology’ to ‘Democracy and Evidence’: a review of Thomas Piketty

(2021) Œconomia - History, Methodology, Philosophy
Number of pages: 13 Posted: 22 Mar 2021
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 24 (594,387)

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Capital, ideology, democracy, evidence, banks, asset managers, codetermination, economic power, social justice

43.

Sustainable pensions, democratic governance, and EU law

(2021) European Journal of Social Security
Number of pages: 17
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
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Pensions, democracy, sustainability, climate damage, climate change, divestment, inequality, governance, law, fiduciary duties, asset managers, banks