Jurisdictional Clauses in Platform Work Contracts: A Danish Perspective

Recent technological developments have increased the need for a restatement of some of the prescriptive concepts in labour law, consumer law, completion law, contract law as well as in other areas. Many researchers have increased their scrutiny of these concepts, and for this special issue of the Nordic Journal of Commercial Law, this article tries to deal with what might be an overarching legal issue - the issue of where to solve potential disputes. This paper is both investigative and exploratory in nature. Using doctrinal research method, and two examples, the author examines the possible legal approaches to disputes arising from work contracts entered into by individuals and platform companies. The analysis of two different jurisdictional clauses takes into account the character of the subject in the main contract, and finds potential difficulties and consequences in applying the current PIL regime to the sui generis contracts of the platform economy. Following the conclusions, while based on inductive reasoning, it could be hypothesized that there is a need for a restatement of some concepts in PIL. This paper argues, based on two examples, that jurisdictional agreements in platform work contracts, and the rules governing them, cause uncertainty and unpredictability. Further studies need to be done to support this

Remote File Access: A Data-Access Protocol for Computer Networks

This paper deals with defining and implementing high-level protocols for computer networks, a subject now being studied by private, national, and international organizations. While line-level protocols already exist in standard formats, and these organizations are defining end-to-end protocols, higher level protocols are still a matter for study. Since some services have to be provided by a computer network, such services must use standardized protocols if portability, compatibility, and internetworking are to be achieved. This paper considers a possible network service and its related protocol

Prototype construction of a compiler for network analysis feasibility study

Feasibility of unified compilers for network analysi

Marketplace Lending as a New Means of Raising Capital in the Internal Market: True Disintermediation or Reintermediation?

Marketplace lending,enabled by technological innovation, represents a new opportunity for raising capital.It is regarded by the EU as having the potential to expand the financing options of SMEs and improve the integration of the Internal Capital Market. However,applying traditional legal categories and existing laws to marketplace lending and to other examples of the new \u201cplatform economy\u201d is not simple. Member States have adopted very different regulatory responses towards marketplace lending, with negative effects on the internal market.The essence of the regulatory dilemma consists in determining whether marketplace lending represents \u2013as it has been depicted by platforms themselves, particularly in contractual agreements through disclaimers \u2013 a true disintermediated method of raising capital, an innovative form of intermediation, or a traditional kind of intermediation disguised in new and fashionable clothing.The answer to this question has relevant consequences for the regulatory treatment of marketplace lending and it requires a uniform response in the EU, at least with respect to the largest cross-border platforms. After briefly describing marketplace lending in Europe and the various current trends in regulating it, the paper discusses the main regulatory issues from the perspective of the above-mentioned issues.It analyzes the recently adopted Regulation on European Crowdfunding Services Providers in order to verify whether the regulatory choices that it has made are effective,both for the further development of marketplace lending and for addressing the associated risks

Resisting Obsolescence: A Comprehensive Study of Canada\u27s Conflict of Interest and Ethics Commissioner and the Office\u27s Efforts to Innovate While Strategically Asserting Greater Independence

In 2017, Justin Trudeau become the first Prime Minister to be found in violation of Canadas parliamentary ethics laws. This incident alone demonstrated the need for a comprehensive study of the Canadian parliamentary ethics regime. The Conflict of Interest and Ethics Commissioner (COIEC) who administers this regime is broadly recognized as belonging in a category of parliamentary institutions called agents of parliament. The COIEC is the only one of nine such agents who denies that it should be categorized as an agent. Instead, the COIEC argues it is an Officer of the House of Commons a category that is heretofore unrecognized. Given the heightened interest in public sector ethics that has emerged, this dissertation analyzes what this Canadian institution is, how it works, where it belongs, what its limitations are and why. This is a unique institution whose design sets it apart from the recognized agents of parliament. The COIEC is responsible for two mandates: one (the Act) is legislative and the other (the Code) is a non-legislative mandate. Work under the Code is explicitly protected by parliamentary privilege, which shields it from judicial scrutiny. This allows the COIEC to exercise a level of independence from government and Parliament that is otherwise unprecedented among agents. I argue that the COIEC cannot be properly characterized as either an agent or an officer of either Parliament or the House of Commons as a result, and that this institutional design has allowed the COIEC to intentionally blend the administration of the two regimes. This blending of regimes has contributed to a strong assertion of operational independence that has been exacerbated by Parliaments reluctance to engage with the Office in good faith in relation to the many recommendations its commissioners have made towards the improvement of both the Act and Code. I explain the implications this has for the COIECs constitutional legitimacy and offer recommendations for how the mandates might be reformed and more thoughtfully delegated by Parliament

Resisting Obsolescence: A Comprehensive Study of Canada's Conflict of Interest and Ethics Commissioner and the Office's Efforts to Innovate While Strategically Asserting Greater Independence

In 2017, Justin Trudeau become the first Prime Minister to be found in violation of Canadas parliamentary ethics laws. This incident alone demonstrated the need for a comprehensive study of the Canadian parliamentary ethics regime. The Conflict of Interest and Ethics Commissioner (COIEC) who administers this regime is broadly recognized as belonging in a category of parliamentary institutions called agents of parliament. The COIEC is the only one of nine such agents who denies that it should be categorized as an agent. Instead, the COIEC argues it is an Officer of the House of Commons a category that is heretofore unrecognized. Given the heightened interest in public sector ethics that has emerged, this dissertation analyzes what this Canadian institution is, how it works, where it belongs, what its limitations are and why. This is a unique institution whose design sets it apart from the recognized agents of parliament. The COIEC is responsible for two mandates: one (the Act) is legislative and the other (the Code) is a non-legislative mandate. Work under the Code is explicitly protected by parliamentary privilege, which shields it from judicial scrutiny. This allows the COIEC to exercise a level of independence from government and Parliament that is otherwise unprecedented among agents. I argue that the COIEC cannot be properly characterized as either an agent or an officer of either Parliament or the House of Commons as a result, and that this institutional design has allowed the COIEC to intentionally blend the administration of the two regimes. This blending of regimes has contributed to a strong assertion of operational independence that has been exacerbated by Parliaments reluctance to engage with the Office in good faith in relation to the many recommendations its commissioners have made towards the improvement of both the Act and Code. I explain the implications this has for the COIECs constitutional legitimacy and offer recommendations for how the mandates might be reformed and more thoughtfully delegated by Parliament

Grounding Equality in Social Relationships: Suspect Classification, Grounds of Discrimination, and Relational Theory

This thesis considers the implications of relational theory for doctrinal debates in Canadian and American constitutional equality law, with a focus on grounds of discrimination and suspect classification. Chapter 1 sets out the fundamentals of feminist relational theory, emphasizing relational approaches to difference, equality, and rights. Chapter 2 considers the methodological implications of applying relational theory to doctrinal problems. Chapter 3 sets out the basic structure and evolution of the suspect classification inquiry in American equal protection law. Chapter 4 does the same in respect of the Canadian doctrinal approach to grounds of unconstitutional discrimination. Finally Chapter 5 ties together Canadian and American scholarly debates over the proper shape of inquiries into groups/grounds or class(ification), and suggests a framework by which the relational theory set out in Chapter 1 might help to reframe and resolve aspects of these problems as they emerge in both jurisdictions