Ewan McGaughey

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

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 Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall

Berkeley, CA 94720-7200

United States

SCHOLARLY PAPERS

25

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7,619

CITATIONS

0

Ideas:
“  I'm finishing A Casebook on Labour Law, and researching participatory governance structures for public and regulated enterprises.  ”

Scholarly Papers (25)

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: 33 Posted: 05 Oct 2017 Last Revised: 20 Feb 2018
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 761 (28,303)

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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: 45 Posted: 07 Feb 2018 Last Revised: 30 Apr 2018
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 133 (198,653)

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

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

Columbia Journal of European Law, Vol. 23, No. 1, 2016, LSE Legal Studies Working Paper No. 10/2015
Number of pages: 44 Posted: 27 Mar 2015 Last Revised: 28 Sep 2017
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 512 (47,909)

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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 185 (148,642)

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

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

British Journal of American Legal Studies, Forthcoming, 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: 23 Aug 2017
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 596 (39,356)

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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)

British Journal of American Legal Studies, Forthcoming
Number of pages: 24 Posted: 25 Aug 2017
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 73 (300,479)

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

4.

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 538 (33,883)

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5.

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 355 (22,533)

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Zero hours, contracts, employment, bargaining power

6.

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 354 (75,960)

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

7.

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 187 (55,528)

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Corporate veil, tort, limited liability

8.

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 141 (121,436)

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

9.

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: 16 Posted: 24 May 2016 Last Revised: 28 Aug 2016
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 124 (207,965)

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

10.

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 107 (93,652)

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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

11.

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 33 (230,199)

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

12.

Is Unequal Bargaining Power an Unjust Factor?

Number of pages: 22 Posted: 12 Jul 2018
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 0 (438,617)

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

13.

Unions’ Freedom to Establish and Provide Services

Number of pages: 15 Posted: 18 May 2018
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 0 (448,376)

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

14.

A Human Is Not a Resource

King's College London Law School Research Paper No. 2018-08
Number of pages: 15 Posted: 15 Jan 2018 Last Revised: 03 Apr 2018
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 0 (199,232)

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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

15.

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

Industrial Law Journal, Forthcoming
Number of pages: 14 Posted: 16 Aug 2017 Last Revised: 20 Feb 2018
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 0 (55,220)

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

16.

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 0 (267,645)

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

17.

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 0 (249,581)

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

18.

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

German Law Journal, Forthcoming, King's College London Law School Research Paper
Number of pages: 55 Posted: 01 Nov 2016 Last Revised: 17 Nov 2017
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 0 (71,634)

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

19.

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 0 (163,720)

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

20.

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 0 (228,658)

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Fairness, consumer rights, freedom of contract

21.

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 0 (279,636)

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

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 0 (176,538)

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

23.

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 0 (121,436)

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

24.

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 0 (196,852)

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

25.

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

(2018) 15(1) Industrial Law Journal 76
Number of pages: 28 Posted: 03 May 2014 Last Revised: 06 May 2018
Ewan McGaughey
School of Law, King's College, London. Centre for Business Research, University of Cambridge.
Downloads 0 (192,201)

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