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Judicial Review and the Sharing Economy: Approaches to Reaching Compromise

Robert Ginsburg

Columbia Business Law Review2026https://doi.org/10.52214/cblr.v2025i2.14670article
ABDC A
Weight
0.50

Abstract

Public choice theory explains why reasonable regulatory compromises that are supported by the majority are often not implemented to regulate specific business activities. The power of special interests is more influential than the majority of constituents, who have different policy positions but are often less focused on the isolated issues that are a priority for big corporations and lobbying firms. For this reason, the judiciary will play a significant role in the evolution of the new gig economy. A review of judicial systems in different countries highlights the aspects of legislative and regulatory review that will promote compromise and adapt to the pace of technological change that requires nimble legal and regulatory frameworks. This paper uses intricate case studies from Airbnb and Uber to demonstrate the availability of reasonable policy compromise and the role that the judiciary can play in increasing the likelihood that the public can maximize the benefits of new products and services while minimizing the costs.

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https://doi.org/https://doi.org/10.52214/cblr.v2025i2.14670

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@article{robert2026,
  title        = {{Judicial Review and the Sharing Economy: Approaches to Reaching Compromise}},
  author       = {Robert Ginsburg},
  journal      = {Columbia Business Law Review},
  year         = {2026},
  doi          = {https://doi.org/https://doi.org/10.52214/cblr.v2025i2.14670},
}

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Judicial Review and the Sharing Economy: Approaches to Reaching Compromise

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.