Ewan McGaughey

King's College London - School of Law

Somerset House East Wing

Strand

London, WC2R 2LS

United Kingdom

SCHOLARLY PAPERS

24

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Ideas:
“  I'm currently working on robots, automation, full employment and economic democracy.  ”

Scholarly Papers (24)

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
King's College London - School of Law
Downloads 428 (56,292)

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

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: 01 Feb 2017
Ewan McGaughey
King's College London - School of Law
Downloads 175 (147,550)

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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
King's College London - School of Law
Downloads 561 (40,044)

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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
King's College London - School of Law
Downloads 40 (378,005)

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

3.

Should Agency Workers Be Treated Differently?

LSE Legal Studies Working Paper No. 7/2010
Number of pages: 34 Posted: 14 Jun 2010
Ewan McGaughey
King's College London - School of Law
Downloads 538 (34,631)

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4.

Are Zero Hours Contracts Lawful?

Number of pages: 8 Posted: 30 Nov 2014 Last Revised: 10 Dec 2014
Ewan McGaughey
King's College London - School of Law
Downloads 355 (22,751)

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Zero hours, contracts, employment, bargaining power

5.

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
King's College London - School of Law
Downloads 307 (83,834)

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

6.

Donoghue v. Salomon in the High Court

[2011] Journal of Personal Injury Law 249
Number of pages: 20 Posted: 23 Mar 2013
Ewan McGaughey
King's College London - School of Law
Downloads 187 (63,998)

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Corporate veil, tort, limited liability

7.

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
King's College London - School of Law
Downloads 141 (123,596)

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

8.

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
King's College London - School of Law
Downloads 111 (213,566)

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

9.

Participation in Corporate Governance

Number of pages: 222 Posted: 15 Apr 2015 Last Revised: 16 Aug 2016
Ewan McGaughey
King's College London - School of Law
Downloads 107 (100,867)

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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

10.

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
King's College London - School of Law
Downloads 33 (243,018)

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

11.

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

British Journal of American Legal Studies, Forthcoming
Number of pages: 13 Posted: 11 Oct 2017
Ewan McGaughey
King's College London - School of Law
Downloads 0 (520,127)

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

12.

Will Robots Take Your Job? Automation, Inequality, Full Employment and Law (Presentation Slides)

Number of pages: 24 Posted: 05 Oct 2017 Last Revised: 13 Nov 2017
Ewan McGaughey
King's College London - School of Law
Downloads 0 (300,355)

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

13.

A Human Is Not a Resource (Presentation Slides)

Number of pages: 18 Posted: 02 Oct 2017
Ewan McGaughey
King's College London - School of Law
Downloads 0 (479,042)

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Humans, Resources, Equality, Fairness, Justice, ILO, Commodity

14.

Uber Fraud, Mutuality and the Taylor Review

Industrial Law Journal, Forthcoming
Number of pages: 9 Posted: 16 Aug 2017 Last Revised: 14 Nov 2017
Ewan McGaughey
King's College London - School of Law
Downloads 0 (133,655)

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

15.

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
King's College London - School of Law
Downloads 0 (367,002)

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

16.

Social Rights and the Function of Employing Entities

Oxford Journal of Legal Studies, Forthcoming, King's College London Law School Research Paper No. 2017-03
Number of pages: 20 Posted: 02 Jan 2017 Last Revised: 28 Sep 2017
Ewan McGaughey
King's College London - School of Law
Downloads 0 (261,233)

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

17.

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
King's College London - School of Law
Downloads 0 (100,867)

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

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: 21 Apr 2017
Ewan McGaughey
King's College London - School of Law
Downloads 0 (214,898)

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

19.

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
King's College London - School of Law
Downloads 0 (225,263)

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Fairness, consumer rights, freedom of contract

20.

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
King's College London - School of Law
Downloads 0 (277,511)

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

21.

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
King's College London - School of Law
Downloads 0 (189,527)

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

22.

Do Corporations Increase Inequality?

TLI Think! Paper 32/2016
Number of pages: 52 Posted: 02 Dec 2015 Last Revised: 09 Sep 2016
Ewan McGaughey
King's College London - School of Law
Downloads 0 (151,415)

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

23.

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
King's College London - School of Law
Downloads 0 (231,514)

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

24.

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

(2017) Industrial Law Journal (Forthcoming)
Number of pages: 28 Posted: 03 May 2014 Last Revised: 14 Jun 2017
Ewan McGaughey
King's College London - School of Law
Downloads 0 (226,779)

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