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Moreover, all of these arguments operate on two levels. The platforms have bolstered these arguments through their identification with the family and with technology.
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This article argues that the platforms have succeeded, to the extent that they have, by invoking liberal ideas about markets: notably, that markets are natural, neutral, consensual and efficient. Such platforms have attained enormous popularity despite being illegal in many jurisdictions they have called into question a great deal of government regulation. This article examines the legal and policy debates surrounding online peer-to-peer platforms for rentals and services, focusing on Airbnb and Uber. Common to all three is an appreciation of collective economic agency as of equal importance to regulatory responses. Each cluster of debate is first separately explored, after which three sites of détente are identified where these trajectories edge toward each other: urban governance, sociolegal accounts of the interplay between enterprise diversity and regulation, and reconfigurations of property law. This coexists with an emergent social science literature focused on a solidarity-inflected version of the sharing economy, which, however, pays little or no explicit attention to law or legality. The first cluster focuses on an on-demand commercial vision of the sharing economy and is generating an exploding legal literature largely not grounded on empirical research. It suggests that the current state of scholarship on law in the sharing economy is a complex and asymmetrical mix of narrative articulation and empirical exploration. This review explores two clusters of debate regarding the sharing economy and seeks to discern the lines of a productive dialogue between them. The sharing economy is an emergent field of scholarship. Part IV then considers policy arguments in support of regulating Airbnb before concluding the Airbnb host and guest relationship is best understood in terms of the law of innkeepers and should be regulated accordingly. That is, in individual cases a landlord-tenant relationship may be created, whereas in other circumstances the relationship may bear a closer resemblance to that of an innkeeper and his guest. This Section provides the general framework for Part IV in which the Author argues that the relationship between Airbnb “hosts” and “guests” is not so easily defined under current law. Part III traces the historical roots and evolution of both these areas of law with particular attention paid to the different rights and obligations of the parties within each body of law. Specifically, this relationship will be considered in the context of two distinct and long-standing areas of law: landlord and tenant law and the law of innkeepers. Part III focuses on the legal relationship that is created when, using the platform Airbnb provides, individuals rent space in their homes to travelers seeking short-term accommodations. Part II further considers the inception of Airbnb and potential for its continued success before briefly discussing how Airbnb fits into the Sharing Economy, overall. Part II of this Article introduces the concept of the Sharing Economy, outlines different systems within it, and suggests reasons for its success as well as future implications. The increasing relevance of the Sharing Economy, and likely continued success of Airbnb, provides an opportunity to consider how Airbnb fits into traditional legal frameworks and evaluate whether states and municipalities should enact laws regulating Airbnb. Although this concept is not a new one, it has garnered much attention recently due to the proliferation of internet start-ups, which, like Airbnb, connect owners and consumers both easily and efficiently.
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Airbnb is one example of the “Sharing Economy” whereby owners and consumers connect to share “space, skill, and stuff” for monetary and non-monetary benefits.