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Disrupting Regulation, Regulating Disruption: The Politics of Uber in the United States

Published online by Cambridge University Press:  23 November 2018

Abstract

Platform companies disrupt not only the economic sectors they enter, but also the regulatory regimes that govern those sectors. We examine Uber in the United States as a case of regulating this disruption in different arenas: cities, state legislatures, and judicial venues. We find that the politics of Uber regulation does not conform to existing models of regulation. We describe instead a pattern of “disruptive regulation”, characterized by a challenger-incumbent cleavage, in two steps. First, an existing regulatory regime is not deregulated but successfully disregarded by a new entrant. Second, the politics of subsequently regulating the challenger leads to a dual regulatory regime. In the case of Uber, disruptive regulation takes the form of challenger capture, an elite-driven pattern, in which the challenger has largely prevailed. It is further characterized by the surrogate representation of dispersed actors—customers and drivers—who do not have autonomous power and who rely instead on shifting alignments with the challenger and incumbent. In its surrogate capacity in city and state regulation, Uber has frequently mobilized large numbers of customers and drivers to lobby for policy outcomes that allow it to continue to provide service on terms it finds acceptable. Because drivers have reaped less advantage from these alignments, labor issues have been taken up in judicial venues, again primarily by surrogates (usually plaintiffs’ attorneys) but to date have not been successful.

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Special Section Article
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Copyright © American Political Science Association 2018 

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Footnotes

A list of permanent links to Supplementary Materials provided by the authors precedes the References section.

*

Data replication sets are available in Harvard Dataverse at: https://doi.org/10.7910/DVN/VZSO5S.

References

Badger, Emily and Goldfarb, Zachary A.. 2014. “Uber Hired David Plouffe When It Realized ‘Techies’ Can’t Do Politics.” Washington Post, August 19. Available at https://www.washingtonpost.com/news/wonk/wp/2014/08/19/uber-hired-david-plouffe-when-it-realized-techies-cant-do-politics/; accessed May 15, 2017.Google Scholar
Barnes, David. 2017. “Aldermen, Make a U-Turn on Ride-Sharing Fees.” Chicago Tribune, October 15, 2017. Available at http://www.chicagotribune.com/news/opinion/commentary/ct-perspec-uber-lyft-fees-city-council-1016-20171013-story.html; accessed November 1, 2017.Google Scholar
Barone, Vincent. 2018. “TLC mulls base wages for drivers and caps on taxis, black cars amid sharp growth of licensed vehicles.” AM New York. February 12. Available at https://www.amny.com/transit/tlc-black-car-taxi-1.16723002; accessed February 12, 2018.Google Scholar
Bennett, Adam. 2016. “Uber Reaches Agreement to Stay in Houston through Superbowl.” KHOU.com, November 16. Available at http://www.khou.com/news/local/uber-reachces-agreement-with-houston-super-bowl/352864357; accessed November 20, 2017.Google Scholar
Berger, Thor, Chen, Chinchih, and Frey, Carl Benedikt. 2017. “Drivers of Disruption? Estimating the Uber Effect.” Oxford Martin School Working Paper.Google Scholar
Borkholder, Joy, Montgomery, Mariah, Saika Chen, Miya, and Smith, Rebecca. 2018. “Uber State Interference: How Transportation Network Companies Buy, Bully, and Bamboozle Their Way to Deregulation.” National Employment Law Project and the Partnership for Working Families. Available at http://www.nelp.org/content/uploads/Uber-State-Interference-How-Transportation-Network-Companies-Buy-Bully-Bamboozle-Their-Way-to-Deregulation.pdf; accessed February 12, 2018.Google Scholar
California Public Utilities Commission. 2013. Decision 13-09-045, San Francisco, California.Google Scholar
Campbell, Harry. 2016. “Why Do So Many People Quit Driving for Uber?” The Ride Share Guy, July 11, 2016. Available at http://therideshareguy.com/why-do-so-many-people-quit-driving-for-uber; accessed May 31, 2017.Google Scholar
Carpenter, Daniel P. 2014. “Corrosive Capture? The Dueling Forces of Autonomy and Industry Influence in FDA Pharmaceutical Regulation.” In Preventing Regulatory Capture, ed. Carpenter, Daniel P. and Moss, David A.. New York: Cambridge University Press.Google Scholar
Carpenter, Daniel P. and Moss, David A.. 2014. “Introduction.” In Preventing Regulatory Capture, ed. Carpenter, Daniel P. and Moss, David A.. New York: Cambridge University Press.Google Scholar
Collier, Ruth, Dubal, V. B., and Carter, Christopher. 2017. “Labor Platforms and Gig Work: The Failure to Regulate.” IRLE Working Paper.Google Scholar
Constine, Josh. 2014. “Uber’s Denial of Liability in Girl’s Death Raises Accident Accountability Questions.” TechCrunch, January 2. Available at https://techcrunch.com/2014/01/02/should-car-services-provide-insurance-whenever-their-driver-app-is-open; accessed November 20, 2017.Google Scholar
Dickey, Megan Rose. 2018. “SF Subpoenas Uber and Lyft for Driver Pay, Benefits, and Classification Info.” Tech Crunch, May 29. Available at https://techcrunch.com/2018/05/29/sf-city-attorney-subpoenas-uber-and-lyft-for-driver-pay-benefits-and-classification-info/; accessed July 13, 2018.Google Scholar
Dillon, Liam. 2016. “Uber’s Approach Is Gentler—But Still Aggressive—in California.” Los Angeles Times, May 31. Available at http://www.latimes.com/politics/la-pol-sac-essential-poli-uber-is-gentler-but-not-kinder-in-california-1462815163-htmlstory.html; accesseded October 30, 2017.Google Scholar
Dubal, V. B. 2017. “The Drive to Precarity: A Political History of Work, Regulation, and Labor Advocacy in San Francisco’s Taxi and Uber Economies.” Berkeley Journal of Employment and Labor Law 38: 73135.Google Scholar
DuPuis, Nicole, Langan, Trevor, McFarland, Christiana, Panettieri, Angelina, and Rainwater, Brooks. 2017. “City Rights in an Era of Preemption: A State-by-State Analysis.” National League of Cities: Center for City Solutions. Available at http://nlc.org/sites/default/files/2017-02/NLC%20Preemption%20Report%202017.pdf; accessed February 14, 2018.Google Scholar
Epstein, Lee. 1985. Conservatives in Court. Knoxville: University of Tennessee Press.Google Scholar
Farivar, Cyrus. 2018. “Uber Drivers ‘Employees’ for Unemployment Purposes, NY Labor Board Says.” Ars Technica, July 20. https://arstechnica.com/tech-policy/2018/07/uber-drivers-employees-for-unemployment-purposes-ny-labor-board-says/Google Scholar
Federal Trade Commission. 2017. “Uber Agrees to Pay $20 Million to Settle FTC Charges that it Recruited Prospective Drivers with Exaggerated Earnings Claims.” January 19. Available at https://www.ftc.gov/news-events/press-releases/2017/01/uber-agrees-pay-20-million-settle-ftc-charges-it-recruited; accessed November 17, 2017.Google Scholar
Fitzsimmons, Emma G. 2018. “Uber Hit With Cap as New York City Takes Lead in Crackdown.” The New York Times, August 9. Available at https://www.nytimes.com/2018/08/08/nyregion/uber-vote-city-council-cap.html; accessed August 18, 2018.Google Scholar
Flegenheimer, Matt. 2015. “De Blasio Administration Dropping Plan for Uber Cap, for Now.” New York Times, July 22. Available at https://www.nytimes.com/2015/07/23/nyregion/de-blasio-administration-dropping-plan-for-uber-cap-for-now.html; accessed November 1, 2017.Google Scholar
Griffin, J. T. 2014. Letter from J.T. Griffin to Governor Jerry Brown, August 20., Available at https://timedotcom.files.wordpress.com/2014/12/rideshare-california-oppose-letter.pdf; accessed November 17, 2017.Google Scholar
Griswold, Alison. 2017. “New York State Just Dealt Another Blow to Uber’s Business Model.” Quartz, June 13. Available at https://qz.com/1005254/three-uber-drivers-were-ruled-employees-for-unemployment-purposes-by-new-york-state/; accessed November 18, 2017.Google Scholar
Griswold, Alison and Grabar, Henry. 2015. “Uber’s Siege on San Antonio.” Slate, October 16. Available at http://www.slate.com/articles/business/moneybox/2015/10/uber_returns_to_san_antonio_after_throwing_a_massive_tantrum_over_regulations.html; accessed October 30 2017.Google Scholar
Griswold, Alison and Murphy, Mike. 2016. “Uber’s Self-Driving Cars Have Come to Pittsburgh, but That Doesn’t Mean the Driverless Era Is Here.” Quartz, September 14. Available at https://qz.com/781151/why-is-uber-rushing-to-put-self-driving-cars-on-the-road-in-pittsburgh; accessed September 14, 2016.Google Scholar
Ha, Anthony. 2013. “California Regulator Passes First Ridesharing Rules, A Big Win For Lyft, SideCar, And Uber.” TechCrunch, September 19. Available at http://social.techcrunch.com/2013/09/19/cpuc-ridesharing-regulations/; accessed November 3, 2017.Google Scholar
Hanks, Douglas. 2017. “It’s Up to Rick Scott Now: Should Local Governments Be Allowed to Regulate Uber?” Miami Herald, April 19. Available at http://www.miamiherald.com/news/business/article145556644.html; accessed November 17, 2017.Google Scholar
Helderman, Rosalind S. 2014. “Uber Pressures Regulators by Mobilizing Riders and Hiring Vast Network of Local Lobbyists across the Country.” Washington Post, December 13. Available at https://www.washingtonpost.com/politics/uber-pressures-regulators-by-mobilizing-riders-and-hiring-vast-lobbying-network/2014/12/13/3f4395c6-7f2a-11e4-9f38-95a187e4c1f7_story.html; accessed December 27, 2017.Google Scholar
Herzfeld, John. 2016. “NYC Taxi Driver Group Sues Uber on Wages, Arbitration.” Bloomberg BNA, June 3. Available at https://www.bna.com/nyc-taxi-driver-n57982073566/; accessed November 17, 2017.Google Scholar
Hoge, Patrick. 2014. “Uber Plays Hardball but Fails to Win the Game.” San Francisco Business Times, September 3. Available at https://www.bizjournals.com/sanfrancisco/blog/techflash/2014/09/uber-plays-hardball-but-fails-to-win-the-game.html; accessed November 2, 2017.Google Scholar
Hunte, Tracie. 2015. “Uber Takes on Mayor de Blasio with TV Ad.” WNYC, July 17. Available at http://www.wnyc.org/story/uber-protests-potential-city-cap-tv-ad/; accessed November 13, 2017.Google Scholar
Isaac, Mike. 2017b. “Uber’s C.E.O. Plays with Fire.” New York Times, April 23. Available at https://www.nytimes.com/2017/04/23/technology/travis-kalanick-pushes-uber-and-himself-to-the-precipice.html; accessed May 15, 2017.Google Scholar
Jorgensen, Jillian and Bredderman, Will. 2016. “Bill de Blasio’s Quest to Cap Uber Ends With a Whimper.” Observer, January 15. Available at http://observer.com/2016/01/bill-de-blasios-quest-to-cap-uber-ends-with-a-whimper/; accessed November 1, 2017.Google Scholar
Kalanick, Travis and Withers, Jan. 2014. “Uber Gets MADD about Drunk Driving: Column,” USA TODAY, July 3. Available at https://www.usatoday.com/story/opinion/2014/07/03/uber-madd-drunk-driving-column/11910179/; accessed November 17, 2017.Google Scholar
Kirkham, Chris and Lien, Tracey. 2015. “Facing Regulatory Roadblocks, Uber Ramps Up Its Lobbying in California.” Los Angeles Times, June 26. Available at http://www.latimes.com/business/la-fi-uber-california-20150726-story.html; accessed November 1, 2017.Google Scholar
Laughlin, Jason. 2016. “Philadelphia Parking Authority Make Uber and Lyft illegal again.” The Inquirer, October 5. Available at http://www.philly.com/philly/business/transportation/Parking-Authority-to-crack-down-on-Uber-and-Lyft-again.html; accessed November 1, 2017.Google Scholar
Laughlin, Jason. 2017. “Philly’s For-hire Drivers Vent Their Rage about Uber and Lyft, but Fixes Not Likely.” The Inquirer, September 1. Available at http://www.philly.com/philly/business/transportation/ppa-uber-lyft-regulate-20170831.html; accessed November 20, 2017.Google Scholar
Levine, Dan and Menn, Joseph. 2017. “Uber Faces Criminal Probe over Software Used to Evade Authorities.” Reuters, May 5. Available at https://www.reuters.com/article/us-uber-tech-crime-exclusive/exclusive-uber-faces-criminal-probe-over-software-used-to-evade-authorities-idUSKBN1802U1; accessed November 17, 2017.Google Scholar
Levy, Nat. 2017. “Seattle’s Landmark Uber Union Law on Hold Again as Court Battles Continue.” Geek Wire, August 30. Available at https://www.geekwire.com/2017/seattles-landmark-uber-lyft-union-law-hold-court-battles-continue/; accessed November 20, 2017.Google Scholar
Lieber, Ron. 2014. “The Question of Coverage for Ride Service Drivers.” New York Times, September 5. Available at https://www.nytimes.com/2014/09/06/your-money/auto-insurance/offloading-the-risk-in-renting-a-car-ride.html.Google Scholar
Lien, Tracey. 2015. “Uber Mobilizes Customers to Channel Its Message.” Los Angeles Times, July 26. Available at http://www.latimes.com/business/la-fi-0724-uber-california-side-20150726-story.html; accessed November 1, 2017.Google Scholar
Macey, Jonathan R. and Miller, Geoffrey P.. 1991. “The Plaintiffs’ Attorney’s Role in Class Action and Derivative Litigation: Economic Analysis and Recommendations for Reform.” University of Chicago Law Review 58(1): 1118.CrossRefGoogle Scholar
Madhani, Aamer. 2016. “Uber, Lyft Threaten to Leave Chicago ahead of License Vote.” USA TODAY, June 16. Available at https://www.usatoday.com/story/news/2016/06/16/uber-lyft-threaten-leave-chicago-ahead-license-vote/86002270/; accessed November 15, 2017.Google Scholar
Madhani, Aamer. 2017. “Chicago Cabbies Say Industry is Teetering Toward Collapse.” USA TODAY, June 5. Available at https://www.usatoday.com/story/news/2017/06/05/chicago-cabbies-say-industry-teetering-toward-collapse/102524634/; accessed January 3, 2018.Google Scholar
Massachusetts Attorney General. 2017. “AG Healey Recovers $210,000 for Drivers from Uber Subsidiary.” Press Release, August 30. Available at http://www.mass.gov/ago/news-and-updates/press-releases/2017/2017-08-30-uber-subsidiary.html; accessed November 21, 2017.Google Scholar
McGlinchy, Audrey and Weber, Andrew. 2015. “Uber Launches In-App, Online Campaign Against Austin City Council Member.” KUT, November 5. Available at http://kut.org/post/uber-launches-app-online-campaign-against-austin-city-council-member; accessed November 3, 2017.Google Scholar
Meyer v. Uber Technologies , No. 16–2750 (2 nd Cir. 2017). Available at https://law.justia.com/cases/federal/appellate-courts/ca2/16-2750/16-2750-2017-08-17.html.Google Scholar
Mohamed v. Uber Technologies Inc. , 836 F.3d 1102 (9 th Cir. 2016). Available at https://cdn.ca9.uscourts.gov/datastore/opinions/2016/09/07/15-16178.pdf.Google Scholar
Mojadad, Ida. 2018. “Supervisors Call on State Legislature to Tax Uber, Lyft.” SF Weekly, March 6. Available at http://www.sfweekly.com/news/supervisors-call-on-state-legislature-to-tax-uber-lyft/; accessed July 13, 2018.Google Scholar
Moore, Daniel. 2016. “Pennsylvania Lawmakers Send Ride-Hailing Legalization to Governor’s Desk.” Pittsburgh Post-Gazette, October 24. Available at http://www.post-gazette.com/news/state/2016/10/25/Pennsylvania-lawmakers-send-ride-hailing-legalization-to-governor-s-desk/stories/201610260018; accessed October 28, 2017.Google Scholar
Newcomer, Eric. 2017. “Uber Pushed the Limits of the Law. Now Comes the Reckoning.” Bloomberg, October 11. Available at https://www.bloomberg.com/news/features/2017-10-11/uber-pushed-the-limits-of-the-law-now-comes-the-reckoning; accessed November 17, 2017.Google Scholar
O’Connor , Colopy, Manahan, and Gurfinkel v. Uber Technologies Inc., 836 F.3d 1102 (9 th Cir. 2016). Available at http://www.uchastings.edu/news/articles/2016/05/Dubal%20Declaration%20-%20Uber.pdf.Google Scholar
O’Donnell, Anthony. 2015. “Insurer-TNC Compromise Paves Way for Rideshare Insurance Regulation.” Insurance Innovation Reporter, March 31. Available at http://iireporter.com/insurer-tnc-compromise-paves-way-for-rideshare-insurance-regulation/; accessed October 29, 2017.Google Scholar
Rayle, Lisa and Flores, Onesimo. 2016. “The 3 Factors behind Uber and Lyft’s Regulatory Win in California.” TechCrunch, April 17. Available at http://social.techcrunch.com/2016/04/17/the-3-factors-behind-uber-and-lyfts-regulatory-win-in-california/; accessed November 17, 2017.Google Scholar
Rodriguez, Joe Fitzgerald. 2017. “Mayor Lee Strikes Deal to Allow Uber, Lyft Vehicles to Use SF Curb Space.” San Francisco Examiner, November 8. Available at http://www.sfexaminer.com/mayor-lee-strikes-deal-allow-uber-lyft-vehicles-use-sf-curb-space/; accessed November 10, 2017.Google Scholar
Rosenblatt, Joel. 2016. “Uber Drivers Win the Backing of U.S. Labor Watchdog.” Bloomberg, November 2. Available at https://www.bloomberg.com/news/articles/2016-11-02/u-s-labor-panel-backs-uber-drivers-in-class-action-fight; accessed November 20, 2017.Google Scholar
Ruckelshaus, Catherine. 2016. “Uber Should Finally Admit It Has Employees.” NELP. September 19. Available at https://www.nelp.org/commentary/uber-should-finally-admit-it-has-employees; accessed September 20, 2016.Google Scholar
Sanchez, Karizza. 2015. “How Safe Is Uber in New York City?” Complex, May 20. Available at https://www.complex.com/life/2016/05/uber-new-york-city-safety; accessed January 18, 2016.Google Scholar
Scheiber, Noam. 2017. “Uber to Repay Millions to Drivers, Who Could be Owed Far More”. New York Times, May 23. Available at https://www.nytimes.com/2017/05/23/business/economy/uber-drivers-tax.html?_r=0); accesseded November 17, 2017.Google Scholar
Shor, Boris and McCarty, Nolan. 2015, “Aggregate State Legislator Shor-McCarty Ideology Data, June 2015 update.” Harvard Dataverse, V1.Google Scholar
Small, Andrew. 2017. “What Chicago Could Pay for With Its Uber Tax.” The Atlantic. November 28. Available at https://www.theatlantic.com/business/archive/2017/11/chicago-uber-tax/546845/; accessed January 4, 2018.Google Scholar
Soper, Taylor. 2014. “Seattle Ride-Sharing Regulations Suspended; Mayor Wants to Negotiate with Stakeholders.” GeekWire, April 17. Available at http://www.geekwire.com/2014/ride-sharing-petition-seattle/; accessed November 2, 2017.Google Scholar
Stigler, George J. 1971. “The Theory of Economic Regulation.” Bell Journal of Economics and Management Science 2(1): 321.CrossRefGoogle Scholar
Tanenbaum, Michael. 2016. “Pennsylvania House Passes Bill to Legalize Uber, Lyft in Philly.” Philly Voice, October 19. Available at http://www.phillyvoice.com/pennsylvania-house-passes-bill-legalizing-uber-lyft-philly/; accessed November 3, 2017.Google Scholar
Tausanovitch, Chris and Warshaw, Christopher. 2013. “Measuring constituent policy preferences in Congress, State Legislatures, and Cities.” Journal of Politics 75(2): 330–42.CrossRefGoogle Scholar
Tepper, Fitz. 2015. “Uber Launches “De Blasio’s Uber” Feature In NYC With 25-Minute Wait Times.” TechCrunch, July 16. Available at http://social.techcrunch.com/2015/07/16/uber-launches-de-blasios-uber-feature-in-nyc-with-25-minute-wait-times/; accessed November 3, 2017.Google Scholar
Theis, Michael. 2015. “Uber Ramps up Pressure on Austin Councilwoman Ann Kitchen.” Austin Business Journal, November 6. Available at https://www.bizjournals.com/austin/news/2015/11/06/uber-ramps-up-pressure-on-austin-councilwoman-in.html; accessed November 13, 2017.Google Scholar
Tiku, Nitasha. 2017. “Why Aren’t More Employees Suing Uber?” Wired, June 23. Available at https://www.wired.com/story/uber-susan-fowler-travis-kalanick-arbitration/; accessed November 17, 2017.Google Scholar
Trumbull, Gunnar. 2006. Consumer Capitalism: Politics, Product Markets, and Firm Strategy in France and Germany. Ithaca, NY: Cornell University Press.Google Scholar
Trumbull, Gunnar. 2012 Strength in Numbers. Cambridge: Harvard University Press.CrossRefGoogle Scholar
Vogel, Steven. 2018. Marketcraft: How Governments Make Markets Work. Oxford: Oxford Univesity Press.,CrossRefGoogle Scholar
Wear, Ben. 2015. “What’s Next for Uber, Lyft and Austin’s Fingerprint Check ordinance?” My Statesman, December 18. Available at http://www.mystatesman.com/news/local/what-next-for-uber-lyft-and-austin-fingerprint-check-ordinance/yFzZSAyWaikXu39DkDl6JI/; accessed October 31, 2017.Google Scholar
Walker, Edward T. 2014. Grassroots for Hire: Public Affairs Consultants in American Democracy. Cambridge: Cambridge University Press.Google Scholar
Wiessner, Daniel. 2016. “NY Drivers Group Sues Uber, Claims Labor Laws Violations.” Reuters, June 2. Available at https://www.reuters.com/article/us-uber-lawsuit/new-york-drivers-group-sues-uber-claims-labor-laws-violations-idUSKCN0YO221; accessed November 20, 2017.Google Scholar
Wong, Julia Carrie. 2016. “Uber v. Drivers: Judge Rejects ‘Unfair” Settlement in Class Action Lawsuit.” The Guardian. August 29. Available at https://www.theguardian.com/technology/2016/aug/18/uber-drivers-class-action-lawsuit-settlement-rejected; accessed November 20, 2017.Google Scholar
Young, Allen. 2014. “Uber Drives Another Attack on Proposed Regulations.” Sacramento Business Journal, August 20. Available at https://www.bizjournals.com/sacramento/news/2014/08/20/uber-drives-another-attack-on-proposed-regulations.html; accessed August 30, 2014.Google Scholar
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