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- All HBS Web
(3,674)
- People (3)
- News (1,105)
- Research (2,063)
- Events (30)
- Multimedia (34)
- Faculty Publications (1,507)
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- 2019
- Working Paper
U.S. Antitrust Law and Policy in Historical Perspective
By: Laura Phillips Sawyer
The key pieces of antitrust legislation in the United States—the Sherman Antitrust Act of 1890 and the Clayton Act of 1914—contain broad language that has afforded the courts wide latitude in interpreting and enforcing the law. This article chronicles the judiciary’s... View Details
Keywords: Antitrust; Trusts; Restraint Of Trade; Merger; Cartel; New Deal; Harvard School; Chicago School Of Law And Economics; Post-Chicago; Law; Competition; Policy; Vertical Integration; Horizontal Integration; Acquisition
Phillips Sawyer, Laura. "U.S. Antitrust Law and Policy in Historical Perspective." Harvard Business School Working Paper, No. 19-110, May 2019. (Revised September 2019.)
- 2021
- Article
To Thine Own Self Be True? Incentive Problems in Personalized Law
By: Jordan M. Barry, John William Hatfield and Scott Duke Kominers
Recent years have seen an explosion of scholarship on “personalized law.” Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every regulated party, then instantaneously disseminate... View Details
Keywords: Personalized Law; Regulation; Regulatory Avoidance; Regulatory Arbitrage; Law And Economics; Law And Technology; Law And Artificial Intelligence; Futurism; Moral Hazard; Elicitation; Signaling; Privacy; Law; Governing Rules, Regulations, and Reforms; Information Technology; AI and Machine Learning
Barry, Jordan M., John William Hatfield, and Scott Duke Kominers. "To Thine Own Self Be True? Incentive Problems in Personalized Law." Art. 2. William & Mary Law Review 62, no. 3 (2021).
- May 2010
- Article
Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008
By: Guhan Subramanian, Steven Herscovici and Brian Barbetta
Delaware's antitakeover statute, codified at Section 203 of the Delaware corporate code, is by far the most important antitakeover statute in the United States. When it was first enacted in 1988, three bidders challenged its constitutionality under the Commerce Clause... View Details
Keywords: Courts and Trials; Opportunities; Bids and Bidding; Laws and Statutes; Decisions; Change; Acquisition; United States
Subramanian, Guhan, Steven Herscovici, and Brian Barbetta. "Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008." Business Lawyer 65, no. 3 (May 2010): 685–752. (Selected by academics as one of the “top ten” articles in corporate/securities law for 2010, out of 447 articles published in that year.)
- Article
Trading Imbalances and the Law of One Price
By: Mark Seasholes and Clark Liu
We study trading and prices of Chinese (mainland)/Hong Kong dual-listed shares. Relative prices can diverge by a factor of two and exhibit significant variation over time. Order imbalances explain contemporaneous changes in relative prices at daily and weekly... View Details
Keywords: Law Of One Price; Cross-listings; Order Imbalances; Stock Shares; Price; Balance and Stability; Financial Markets; Financial Services Industry; Hong Kong; China
Seasholes, Mark, and Clark Liu. "Trading Imbalances and the Law of One Price." Economics Letters 112, no. 1 (July 2011): 132–134.
- July 2012 (Revised March 2013)
- Supplement
Shanghai Diligence Law Firm (B)
By: Robert G. Eccles and Catherine Zhang
Shanghai Diligence Law Firm continued with its approach to grow through a merger, rather than organically, and was eventually merged into a bigger law firm in China. After the merger, a refined A-B-C-D model is still in use as compensation system, although the... View Details
Keywords: Professional Service Firms; Compensation; Law Firms; Motivating Professionals; Client Management; Developing Professionals; Entrepreneurship; China; Mergers and Acquisitions; Employee Relationship Management; Compensation and Benefits; Groups and Teams; Legal Services Industry; China
Eccles, Robert G., and Catherine Zhang. "Shanghai Diligence Law Firm (B)." Harvard Business School Supplement 413-027, July 2012. (Revised March 2013.)
- June 1984 (Revised March 1993)
- Background Note
Securities Law and Public Offerings
By: Howard H. Stevenson and Michael J. Roberts
Describes the relevant securities laws which pertain to the public offering of securities, as well as the business issues and process of a public offering. View Details
Keywords: Laws and Statutes; Capital Markets; Initial Public Offering; Public Administration Industry
Stevenson, Howard H., and Michael J. Roberts. "Securities Law and Public Offerings." Harvard Business School Background Note 384-165, June 1984. (Revised March 1993.)
- June 1984 (Revised July 1999)
- Background Note
Securities Law and Private Financing
By: Howard H. Stevenson and Michael J. Roberts
Describes the issues an entrepreneur faces in the process of raising private funds, and the securities laws which impact the process. Based in part on a note by R.E. Floor of the law firm of Goodwin, Procter & Hoar. View Details
Stevenson, Howard H., and Michael J. Roberts. "Securities Law and Private Financing." Harvard Business School Background Note 384-164, June 1984. (Revised July 1999.)
- Editorial
How Laws and Culture Hold Back Socially Minded Companies
By: George Serafeim, Daniela Saltzman and Bronagh Ward
Keywords: Corporate Purpose; Benefit Corporation; Short-termism; Culture; Corporate Law; Shareholder Activism
Serafeim, George, Daniela Saltzman, and Bronagh Ward. "How Laws and Culture Hold Back Socially Minded Companies." Harvard Business Review (website) (May 18, 2017).
- February 2000
- Background Note
Medicine, Incentive Compensation, and the Law
By: Richard M.J. Bohmer and Bruce L. Hall
Summarizes legal issues in structuring a health care incentive plan, such as tax laws and federal regulations. Draws from an interview conducted with a New England lawyer in October 1999. View Details
Keywords: Motivation and Incentives; Compensation and Benefits; Law; Health Care and Treatment; Taxation; Laws and Statutes; Health Industry
Bohmer, Richard M.J., and Bruce L. Hall. "Medicine, Incentive Compensation, and the Law." Harvard Business School Background Note 600-087, February 2000.
- November 2021
- Article
Strict ID Laws Don't Stop Voters: Evidence from a U.S. Nationwide Panel, 2008–2018
By: Enrico Cantoni and Vincent Pons
U.S. states increasingly require identification to vote—an ostensive attempt to deter fraud that prompts complaints of selective disenfranchisement. Using a difference-in-differences design on a 1.6-billion-observations panel dataset, 2008–2018, we find that the laws... View Details
Keywords: Voter ID Laws; Voter Turnout; Voting; Political Elections; Governing Rules, Regulations, and Reforms; United States
Cantoni, Enrico, and Vincent Pons. "Strict ID Laws Don't Stop Voters: Evidence from a U.S. Nationwide Panel, 2008–2018." Quarterly Journal of Economics 136, no. 4 (November 2021): 2615–2660.
- December 2003 (Revised February 2008)
- Background Note
Law and Legal Reasoning: An Introduction
By: Henry B. Reiling
Gives prominence to Mr. Justice Holmes' Prediction Theory of the law as a practical--and by analogy to forecasting in finance and other functional areas of business--comfortable, and familiar way for businesspeople to think about the law. Law is defined as a forecast... View Details
Reiling, Henry B. "Law and Legal Reasoning: An Introduction." Harvard Business School Background Note 204-080, December 2003. (Revised February 2008.)
- November 2001
- Background Note
Sexual Harassment Law and Policy
By: Michael A. Wheeler, Georgia Levenson and Arturo Corso
Outlines the recent development of legal principles regarding sexual harassment, including procedures in the United States and state courts, what circumstances constitute harassment, the resolution of these conflicts and the resulting consequences for the individuals... View Details
Keywords: Crime and Corruption; Policy; Working Conditions; Code Law; Outcome or Result; Conflict and Resolution; United States
Wheeler, Michael A., Georgia Levenson, and Arturo Corso. "Sexual Harassment Law and Policy." Harvard Business School Background Note 902-007, November 2001.
- Article
Novelty and Disclosure in Patent Law
By: Suzanne Scotchmer and Jerry R. Green
The stringency of the novelty requirement in patent law affects the pace of innovation because it affects the amount of technical information that is disclosed among firms. It also affects ex ante profitability of research. We compare weak and strong novelty... View Details
Scotchmer, Suzanne, and Jerry R. Green. "Novelty and Disclosure in Patent Law." RAND Journal of Economics 21, no. 1 (Spring 1990): 131–146.
- July 1995
- Background Note
Managerial Duties and Business Law
By: Joseph L. Badaracco Jr. and Jerry Useem
Consists of excerpts from Principles of Corporate Governance, a set of legal guidelines that enumerates the principal duties of corporate managers and directors, including fiduciary duty, duty of care, and duty of fair dealing. Also addresses legal obligations relating... View Details
Keywords: Ethics; Corporate Governance; Retention; Common Law; Business or Company Management; Goals and Objectives; Managerial Roles
Badaracco, Joseph L., Jr., and Jerry Useem. "Managerial Duties and Business Law." Harvard Business School Background Note 395-244, July 1995.
- August 1985
- Case
Bob Malott and Product Liability Law Reform
Robert Malott, Chairman and CEO of FMC, must decide whether or not to continue his work on product liability law reform, an issue on which he has worked for almost 10 years. Malott must decide how extensive his own involvement should be and what arguments he can or... View Details
Keywords: Management; Decision Choices and Conditions; Personal Development and Career; Legal Liability
Weinberg, Martha W. "Bob Malott and Product Liability Law Reform." Harvard Business School Case 386-014, August 1985.
- October 2009 (Revised May 2011)
- Background Note
Memo From Counsel: Antitrust Law and Customer Allocation
By: Lynn S. Paine and Lara Adamsons
When do antitrust laws come into play in a bidding situation? What should a company do if an antitrust violation is uncovered? This memo discusses "hard-core" antitrust violations, focusing on bid rigging and market allocation, under the laws of the U.S. and other... View Details
Paine, Lynn S., and Lara Adamsons. "Memo From Counsel: Antitrust Law and Customer Allocation." Harvard Business School Background Note 310-048, October 2009. (Revised May 2011.)
- May 2010
- Response
Is Delaware's Antitakeover Statute Unconstitutional? Further Evidence and a Reply to Symposium Commentators
Subramanian, Guhan. "Is Delaware's Antitakeover Statute Unconstitutional? Further Evidence and a Reply to Symposium Commentators." Business Lawyer 65, no. 3 (May 2010).
- 2010
- Working Paper
Law and Finance c. 1900
By: Aldo Musacchio
How persistent are the effects of legal institutions adopted or inherited in the distant past? A substantial literature argues that legal origins have persistent effects that explain clear differences in investor protections and financial development around the world... View Details
Musacchio, Aldo. "Law and Finance c. 1900." NBER Working Paper Series, No. 16216, July 2010.
- 2019
- Chapter
Fiduciary Law and Financial Regulation
By: Howell E. Jackson and Talia B Gillis
Jackson, Howell E., and Talia B Gillis. "Fiduciary Law and Financial Regulation." In The Oxford Handbook of Fiduciary Law, edited by Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff. New York: Oxford University Press, 2019.
- February 1987 (Revised August 1989)
- Background Note
United States Trade Law
By: David B. Yoffie
Examines the manner in which U.S. trade law and policy has evolved, with emphasis on trade in manufactured goods and services as well as the relationship between the executive and the legislature. The structure and content of U.S. trade law is discussed including a... View Details
Keywords: Trade; Machinery and Machining; Policy; Law Enforcement; Outcome or Result; Business and Government Relations; United States
Yoffie, David B. "United States Trade Law." Harvard Business School Background Note 387-137, February 1987. (Revised August 1989.)