We are delighted to announce the second issue of the LSE Law School’s Legal Studies Working Paper Series for 2023.
In this issue, Colm O’Reardon and Niamh Moloney (WPS 14/2023) examine the recent Irish Commission on Taxation and Welfare, exploring its political and economic context, process, report, and major recommendations, and argue that it can be conceptualised as an exercise in strategic policy-making; Roxana Willis (WPS 15/2023) proposes a rethinking of criminal law by developing an ethnographically informed ‘view from below’, which includes examining how residents on an over criminalised council estate in England experience class inequality and find collective ways to live beyond it; Niamh Moloney (WPS 16/2023) analyses the development of the EU’s third country regime governing access to the EU financial market in light of Brexit, noting the movement away from deference and towards the on-shoring of the regulation of third country actors; Moran Ofir (WPS 17/2023) applies the Shapley Value and Shapley and Shubik Power Index to shareholder decisions of public companies, and argues that both are useful tools in scrutinising the effective power of activist minority shareholders; Michal Agmon-Gonnen (WPS 18/2023) discuss women equality post COVID-19 and argues that addressing issues like gender inequality in the labour market, gender pay gap and women's invisible labour, necessitates equal representation of women in decision-making processes, and the utilisation of gender-specific data and analysis; Ronit Levine-Schnur and Moran Ofir (WPS 19/2023) examine different industries in the ‘sharing economy’, and argue that all contain sophisticated actors who take advantage of regulatory weaknesses, involve discriminatory practices, and impose significant negative externalities on the wider economy; Jens-Hinrich Binder (WPS 20/2023) explores the trends underlying the increased focus on CSR and ESG and examines their implications for the legal duties of corporate directors; Kai Möller (WPS 21/2023) makes the case for the right to justification as underlying human and constitutional rights law, highlighting its ability to elucidate significant aspects of rights adjudication, such as the expansive scope of rights and the proportionality principle, while also emphasizing its appeal from the perspective of political morality; and David Kershaw (WPS 22/2023) explores and rejects the claim that certain ‘excluded’ categories of prerogative powers are non-justiciable because they address matters of high policy.