Janelle Orsi - Practicing Law in the Sharing Economy: Helping People Build Cooperatives, Social Enterprise, and Local Sustainable Economies

ADVANCE PRAISE FOR PRACTICING LAW IN THESHARING ECONOMY

A unique and indispensable handbook for anyone working in the field of alternative ownership design. Weve long needed this book, and at last its here.

Marjorie Kelly, fellow, Tellus Institute, and Director of Ownership Strategy, Cutting Edge Capital; author of Owning Our Future: The Emerging Ownership Revolution

As Orsi notes in this invaluable book, lawyers often work for firms that grease the wheels of the very economic system that is causing the widespread ecological and social distress. But this does not have to be the case! In Practicing Law in the Sharing Economy, she and her contributing co-authors provide an impressive roadmap to a range of innovative legal forms that can help communities build wealth and create the building blocks of a new economy.

Gar Alperovitz, author of America Beyond Capitalism, and Lionel R. Bauman Professor of Political Economy, University of Maryland

What William Blackstone did for the common law in the 18th century, Janelle Orsi has done for Sharing Economy Law in the 21st. This monumental treatise defines, legitimates, and elaborates the key legal challenges facing U.S. new economy advocates, and in terms that even non-lawyers can understand and deploy in their day-to-day work. Whatever your anglecooperatives, cohousing, alternative currencies, CSAs, social enterprise, crowdfundingthis book belongs front and center on your desk.

Michael Shuman, JD, author of Local Dollars, Local Sense and The Small-Mart Revolution

Every once in a while someone sees the emerging pattern of a new order of things and is able to bring conceptual clarity and useful tools to it, thus defining a new field. That is what Janelle Orsi has done in her remarkable book on the sharing economy. Collaborative consumption, credit unions, co-ops, community enterprises, and other features of the sharing economy require laws that work for them. In Practicing Law in the Sharing Economy, Orsi shows how it can be done.

James Gustave Speth, JD, author of America the Possible: Manifesto for a New Economy (Yale Press, 2012).

This is a book for those who have hoped and dreamed of a way to practice law that was good for lawyers, clients and the planet.

J. Kim Wright, JD, Founder of Cutting Edge Law & Author of Lawyers as Peacemakers: Practicing Holistic, Problem-Solving Law

Can a sharing economy emerge from and transform capitalism? Janelle Orsis brilliant exegesis argues it can. Her book is a welcome clarion call to lawyers to learn and apply the rules that can support new forms of sharing and cooperation and to identify and change the rules that could inhibit or even endanger their continued growth.

David Morris, co-founder of the Institute for Local Self-Reliance, author of Self Reliant Cities: Energy and the Transformation of Urban America, and Seeing the Light: Regaining Control of Our Electricity System

This book breaks new ground by taking conventional legal practice and turning it on its head. Orsi provides concrete examples of practicing law through a paradigm of cooperation and sharing, rather than competition. At a time of significant economic and environmental breakdowns, Orsi courageously presents a set of lawyering principles that promote sustainable communities and advance the common good. What an opportunity, especially for young, unemployed attorneys: to consider a legal practice that contributes to a sharing economy and environmental sustainability.

Patricia Siemen, OP, JD, Director of the Center for Earth Jurisprudence, Barry University School of Law

Janelle Orsis Practicing Law in the Sharing Economy offers a detailed and expansive vision of the role lawyers play in the new economy, and how the new economy can affect the practice of law. This book contains a wealth of substantive information and practical advice for any lawyer interested in participating in and creating more collaborative communities and a more sharing world.

Emily Doskow, JD, co-author of Making It Legal: A Guide to Same-Sex Marriage, Domestic Partnership & Civil Unions, and The Sharing Solution: How to Save Money, Simplify Your Life & Build Community

Cover by Kelly Book/ABA Publishing.

The materials contained herein represent the views of each chapter author in his or her individual capacity and should not be construed as the views of the authors firms, employers, or clients, or of the editors or other chapter authors, or of the American Bar Association, unless adopted pursuant to the bylaws of the Association.

Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book is intended for educational and informational purposes only.

2012 American Bar Association. All rights reserved.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. For permission, contact the ABA Copyrights and Contracts Department by e-mail at .

Library of Congress Cataloging-in-Publication Data

Orsi, Janelle, 1979

Practicing law in the sharing economy: helping people build cooperatives, social enterprise, and local sustainable economies / by Janelle Orsi.

p. cm.

Includes bibliographical references and index.

eISBN: 978-1-61438-547-9

1. Cooperative societiesLaw and legislationUnited States. I. Title.

KF1470.O77 2012

346.730668dc23

2012026990

Discounts are available for books ordered in bulk. Special consideration is given to state bars, CLE programs, and other bar-related organizations. Inquire at Book Publishing, ABA Publishing, American Bar Association, 321 North Clark Street, Chicago, Illinois 60654-7598.

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DEDICATION

This book is dedicated to: Everybody. The sharing economy is for you.

All royalties for this book go to the nonprofit Sustainable Economies Law Center.

CONTENTS

ACKNOWLEDGMENTS

To My Sharing Economy Law Muse

First, I want to express enormous gratitude to Jenny Kassan, the attorney, leader, and visionary who co-founded the Sustainable Economies Law Center with me. Thank you for teaching me so much and for bringing to light so many puzzles and problems in the legal system. Thank you, also, for pouring an incredible amount of energy and thought into this book and into the work of creating a more sustainable and equitable world.

Whose Idea Was This Anyway?

Thank you to Erin Nevius, this books editor and the person who persuaded me to write this book in the first place. Youve been wonderful to work with!

To the Chapter Editing Superstars

Thank you to everyone who read, edited, or commented on book chapters: Jenny Kassan, Sarah Hoskinson, Christen Lee, Thomas Beckett, Linda Alvarez, Cynthia Hawley, Corinne Calfee, Emily Bolt, Ashlee Albies, Debra Butler, Shae Irving, and Cameron Holland. And an extra special thank-you goes to my mom, Jackie Orsi, who read and edited nearly every chapter, usually on a moments notice.

To the Topical Gurus

Thank you to all the people who know more than I do about so many things and who contributed ideas, feedback, research, and writing to this book:

• Law Practice and Ethics Gurus: Christen Lee, Emily Doskow, Eileen Barker, Jenny Kassan, Brendan Conley
• Contracts Guru: Linda Alvarez
• Legal Structure Gurus: