Dieselgate and Eurolegalism. How a scandal fosters the Americanization of European law

Elten, Katharina van; Rehder, Britta

doi:10.1080/13501763.2020.1813792

Cited by 6 publications

(2 citation statements)

References 15 publications

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“…In 2023, the European Union agreed to ban the sale of new conventional ICEVs from 2035 onwards. 1 In terms of public pressure, the global climate movement led to intensifying discourses about alternatives to car-centric systems (Haas, 2020), and a growing number of lawsuits against car makers (van Elten & Rehder, 2022). With respect to competition, incumbents face new entrants such as EV manufacturers Tesla and BYD.…”

Section: Literature Reviewmentioning

confidence: 99%

Why do (some) German car manufacturers go electric? The role of dynamic capabilities and cognitive frames

Loder,

Rinscheid,

Wüstenhagen

2023

Bus Strat Env

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After the internal combustion engine was the dominant technology in the automotive industry for more than a century, a transition to electric cars is now under way. However, not all car manufacturers seem equally determined to move away from fossil fuels. Based on a comparative case study of German automakers, we discuss some underlying factors associated with variation in electrification strategies. Conceptually, we focus on firms' dynamic capabilities—in particular, their ability to sense low‐carbon risks and opportunities in a changing business environment. Building on qualitative interviews, we gauge sensing capabilities through industry executives' cognitive frames. Our analysis reveals striking differences in the way executives perceive the opportunities and risks associated with electric mobility. In particular, firms' dynamic capabilities to shape the low‐carbon transition are tied to their conceptions of consumer preferences and the economics of the transition, their perception of network embeddedness, prior experiences with technological innovation, and leadership.

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Section: Literature Reviewmentioning

confidence: 99%

Why do (some) German car manufacturers go electric? The role of dynamic capabilities and cognitive frames

Loder,

Rinscheid,

Wüstenhagen

2023

Bus Strat Env

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“…In the legal domain, external shocks as contributing factors are not rare. Public scandals or incidents expose tensions and disagreements concerning the prevailing legal regime (2016; Van Elten and Rehedera, 2020). Such an input can legitimize and help a judge to take leadership in publicizing opposition to the prevailing consensus (Friedman, 2006), thereby eliciting others to follow.…”

Section: How Legal Bubbles Pop Upmentioning

confidence: 99%

On legal bubbles: some thoughts on legal shockwaves at the core of the digital economy

Giraudo

2021

Journal of Institutional Economics

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For two decades, economic agents have been investing in the personal data-driven industry on the assumption that courts, the keepers of the legal systems, would have backed their claims, turning their technological control of personal data into legally protected property rights. Courts' backing has proved only temporary as they are now revising early solutions by constraining collection, use, and trade of personal data to protect the hierarchically superior rights. The theory of ‘legal bubbles’ rationalizes the economics underlying the legal shockwaves affecting the personal data-driven economy. ‘Legal bubbles’ tend to arise when economic agents invest in the economic exploitation of a new resource in a context of uncertainty and ignorance about the legal implications of innovative activities. These legal foundations may eventually turn out to be unstable as a result of courts' ex-post attempt to re-adapt them to the previously ignored implications of unconstrained commodification, with disruptive economic consequences.

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Rechtssystem und Bundesverfassungsgericht: Die rechtliche Ordnung der Politik

Lembcke

Rehder

2022

Politische Akteure Und Institutionen in Deutschland

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Dieselgate and Eurolegalism. How a scandal fosters the Americanization of European law

Cited by 6 publications

References 15 publications

Why do (some) German car manufacturers go electric? The role of dynamic capabilities and cognitive frames

Why do (some) German car manufacturers go electric? The role of dynamic capabilities and cognitive frames

On legal bubbles: some thoughts on legal shockwaves at the core of the digital economy

Rechtssystem und Bundesverfassungsgericht: Die rechtliche Ordnung der Politik

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