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43 Fordham Urb. L.J. 31 (2016)
Betwixt and between: Regulating the Shared Economy

handle is hein.journals/frdurb43 and id is 37 raw text is: BETWIXT AND BETWEEN: REGULATING THE SHARED ECONOMY Abbey Stemler Introduction ..................................................32 I. The Disruptive Evolution of the Sharing Economy ...... ..........34 A. The Driving Forces Behind the Sharing Economy.................35 1. Modem Trust ....................... ............35 2. Technology ......................... ...........38 3. Economic and Cultural Pressures ....................39 B. Benefits of the Sharing Economy .........................40 C. Drawbacks of the Sharing Economy ....................43 D. Case Study: Airbnb and Uber.........................48 1. Airbnb........................................48 2. Uber ..................... ....................52 II. Defining the Sharing Economy..............................57 A. Defining the Sharing Economy........................57 1. Platforms ............................. ........... 57 2. Microbusinesses .................................. 58 3. Excess Capacity ...................................62 4. High-Powered Information Exchange ....... .........63 B. The Sharing Economy's Current Regulatory Landscape ..........63 III. A New Economy, A New Framework ................... .....65 Assistant Professor of Business Law and Ethics, Kelley School of Business, Indiana University. I am grateful for the feedback on this Article and for insights shared at the Law and Big Data Colloquium at Indiana University, sponsored by Pamplin College of Business, Virginia Tech and the Kelley School of Business, Indiana University; at the Sharing Economy, Sharing City: Urban Law and the New Economy Conference sponsored by Fordham University; and at the Invited Scholars Colloquium at the Annual Academy of Legal Studies in Business Conference. I am also grateful for the helpful comments and feedback provided by my colleagues at Indiana University, Victor Bongard, Todd Haugh, Josh Perry, Anjanette Raymond, and Karen Woody. Portions of this Article also appear in my article, Regulation 2.0: The Marriage of New Governance and Lex Informatica, 19 VAND. J. ENT. & TECH. L. 87 (2016), as part of a case study on the sharing economy.

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