The Role of the Federal Government in Regulating the Sharing Economy

in: Cambridge Handbook on the Law of the Sharing Economy (Nestor Davidson, Michèle Finck, and John Infranca, eds., Cambridge Univ. Press) (2018, Forthcoming)

14 Pages Posted: 5 Oct 2017

See all articles by Sarah E. Light

Sarah E. Light

University of Pennsylvania, The Wharton School - Legal Studies & Business Ethics Department

Date Written: October 3, 2017

Abstract

The sharing economy - also known as the "platform" economy - has captured the attention of scholars, policymakers, and the public, who are grappling with how existing regulatory structures fit these new forms of business organization. Before one gets to the question of what substantive law to apply to these platforms, the federalism question arises, namely: who gets to decide.

This Chapter explores the federalism implications of the rise of the platform economy. It argues that while much scholarship focuses on the role of local government in regulating these new platforms, the federal government should play a leading role in three domains:

(1) enforcement of national anti-discrimination laws;

(2) consumer protection, including with respect to data privacy and information asymmetries; and

(3) coordination of local policy experimentation with diffusion of policy successes.

Keywords: sharing economy, platform economy, Uber, Lyft, Airbnb, federalism, anti-discrimination, consumer protection

Suggested Citation

Light, Sarah E., The Role of the Federal Government in Regulating the Sharing Economy (October 3, 2017). in: Cambridge Handbook on the Law of the Sharing Economy (Nestor Davidson, Michèle Finck, and John Infranca, eds., Cambridge Univ. Press) (2018, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3047322

Sarah E. Light (Contact Author)

University of Pennsylvania, The Wharton School - Legal Studies & Business Ethics Department ( email )

3730 Walnut Street
Suite 600
Philadelphia, PA 19104-6365
United States

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