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 Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall

Berkeley, CA 94720-7200

United States

SCHOLARLY PAPERS

31

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CITATIONS

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Ideas:
“  I'm writing a book on the governance of enterprise, including all those which cross into the public and regulated sphere: universities, health care, energy, transport, communications and media. The goal is to understand how our voice as citizens in the economy is expressed through law, and what we need to do to complete the democratisation of society in the 21st century.  ”

Scholarly Papers (31)

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 1,355 (12,998)

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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 244 (121,914)

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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 792 (28,929)

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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 224 (132,879)

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

3.

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 982 (21,605)

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Zero hours, contracts, employment, bargaining power

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 627 (39,745)

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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 126 (220,512)

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

5.

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 746 (31,952)

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

6.

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 717 (33,689)

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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 529 (50,299)

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Corporate veil, tort, limited liability

8.

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 503 (53,585)

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

9.

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 495 (54,692)

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

10.

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 403 (70,618)

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

11.

A Human Is Not a Resource

King's College London Law School Research Paper No. 2018-08
Number of pages: 18 Posted: 15 Jan 2018 Last Revised: 16 Aug 2018
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 376 (76,269)

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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

12.

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 336 (86,956)

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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

13.

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 315 (93,407)

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

14.

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 261 (114,206)

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

15.

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 220 (135,628)

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

16.

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 193 (153,440)

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

17.

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 190 (155,632)

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

18.

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 170 (171,907)

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

19.

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

(2019) 42 Seattle University Law Review 697
Number of pages: 48 Posted: 11 Oct 2018 Last Revised: 10 Apr 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 169 (172,777)

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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

20.

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 143 (198,762)

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

21.

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 139 (203,282)

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

22.

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 138 (204,497)

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

23.

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 120 (227,929)

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Fairness, consumer rights, freedom of contract

24.

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 110 (242,784)

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

25.

Is Unequal Bargaining Power an Unjust Factor?

King's College London Law School Research Paper No. 2018-17
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 86 (285,623)

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

26.

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 85 (287,737)

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

Taylorooism: When Network Technology Meets Corporate Power

Industrial Relations Journal, Forthcoming, King's College London Law School Research Paper No. 19-13
Number of pages: 15 Posted: 07 Oct 2018 Last Revised: 29 Apr 2019
Ewan McGaughey
School of Law, King's College, London; Centre for Business Research, University of Cambridge
Downloads 59 (356,644)

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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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28.

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 40 (414,988)

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

29.

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 36 (430,846)

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Labour, law, history, theory

30.

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 30 (456,723)

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

31.

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 16 (532,546)

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