Publications

12 Dec 2005
Research & Ideas

Using the Law to Strategic Advantage

Most managers think the legal department is that office down the hall where they go to keep out of trouble or write a binding patent agreement. And that's shortsighted, says Harvard Business School professor Constance Bagley. A company that makes proactive use of the... View Details

Keywords: by Sean Silverthorne; Legal Services

fall 1982
Article

Risk-Spreading Properties of Common Tax and Contract Instruments

By: James K. Sebenius and Peter Stan

Keywords: Risk and Uncertainty; Taxation; Contracts

Article

The Price Impact of Joining a Currency Union: Evidence from Latvia

By: Alberto Cavallo, Brent Neiman and Roberto Rigobon

Does membership in a currency union matter for a country’s international relative prices? The answer to this question is critical for thinking about the implications of joining (or exiting) a common currency area. This paper is the first to use high-frequency... View Details

Keywords: Currency Union; Exchange Rate; Law Of One Price; Currency Exchange Rate; Price; Latvia

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Article

Currency Unions, Product Introductions, and the Real Exchange Rate

By: Alberto Cavallo, Brent Neiman and Roberto Rigobon

We use a novel dataset of online prices of identical goods sold by four large global retailers in dozens of countries to study good-level real exchange rates and their aggregated behavior. First, in contrast to the prior literature, we demonstrate that the law of one... View Details

Keywords: Currency Union; Law Of One Price; International Prices; Global Firm; Currency Exchange Rate; Price; International Finance

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Forthcoming
Article

Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022

By: Mark J. Roe and Charles C.Y. Wang

The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when... View Details

Keywords: Corporate Law; Securities Regulation; Sarbanes-Oxley Act; Concentration Levels; Antitrust; Initial Public Offering; Public Ownership; Private Equity; Venture Capital; Mergers and Acquisitions; Monopoly; United States

SSRN

August 2003 (Revised December 2003)
Background Note

Doctrine of Stare Decisis and Lawrence v. Texas, The

Explains the difference between civil law and common law systems and explores the role of precedent in a common law jurisdiction, such as the United States. Includes extensive excerpts from both the majority and the dissenting opinions in Lawrence v. Texas, in which... View Details

Keywords: Common Law; Code Law; United States

December 2003 (Revised November 2015)
Background Note

The Fiduciary Relationship: A Legal Perspective

By: Lynn Sharp Paine

Discusses the concept of a fiduciary, as developed in the Anglo-American common law tradition, and outlines the principal differences between the legal standard applied to fiduciaries compared to ordinary arms'-length contractors. View Details

Keywords: Ethics; Assets; Financial Management; Common Law; Standards

November 2018 (Revised January 2019)
Module Note

Responsibilities to Investors (Abridged)

By: Lena G. Goldberg and Joseph L. Badaracco

This note focuses on managers’ responsibilities—economic, legal, and ethical—to investors. In capitalist and some socialist economies, these responsibilities traditionally have been grounded in fiduciary duties and are typically part of the common law or statutory law... View Details

Keywords: Responsibilities To Investors; Investors; Responsibility; Business and Shareholder Relations; Management; Ethics

February 1994 (Revised August 1994)
Background Note

Note on Contingent Environmental Liabilities

By: Richard H.K. Vietor and Forest L. Reinhardt

Addresses contingent environmental liabilities that are the result of unforeseen environmental risks where the dollar amount of such liabilities is unknown and depends on future events. In contrast, fines for violating environmental laws are liabilities, but are not... View Details

Keywords: Legal Liability; Risk Management; Natural Environment; Laws and Statutes; Pollutants; Governance Compliance; United States

2007
Chapter

Legal Origin vs. the Politics of Creditor Rights: Bond Markets in Brazil, 1850-2002

By: Aldo Musacchio

This paper explores the question: Do institutions persist over time and determine current economic outcomes? Specifically, does the adoption or inheritance of a legal tradition in the past determine the subsequent course of institutional and financial development? This... View Details

Keywords: History; Rights; Common Law; Code Law; Financial Markets; Credit; Economy; Government and Politics; Financial Services Industry

October 1992 (Revised February 1995)
Background Note

Note on the Federal Sentencing Guidelines for Organizations

By: Lynn S. Paine

Describes the federal guidelines used by judges for sentencing organizations convicted of criminal wrong-doing under U.S. law as of November 1, 1991. Describes the guidelines' approach to calculating criminal fines for organizations, determining an organization's... View Details

Keywords: Crime and Corruption; Governance Compliance; Law Enforcement; Laws and Statutes; Organizations; Legal Services Industry; United States

2015
Case

Advanced Leadership Pathways: Paul Lee and Asian Americans Advancing Justice

By: Rosabeth Moss Kanter, Frank Jerome LaNasa and Ai-Ling Jamila Malone

Paul Lee and Asian Americans Advancing Justice 2013 AL Fellow, 2014 Senior AL Fellow
Two years after the formation of the Asian Americans Advancing Justice (AAAJ), a national affiliation of four independent Asian American civil rights groups, Paul Lee, who... View Details

Keywords: Leadership Skills; Asian; Asian Americans; Asian Americans Advancing Justice; Civil Rights; Asian Law Caucus; Asian Pacific American Legal Center; Asian American Institute; Asian American Justice Center; Immigration Issues; Immigration Reform; Affirmative Action; Coalition; Asian American Activism; Japanese; Chinese; Korean; Indian; Pakistani; Hmong; Cambodian; Laotians; Filipino; Vietnamese; Pacific Islanders; Ethnic Group; Model Minority; Anti-asian Prejudice; Pan-asian; Discrimination; Immigrants; Immigration Acts; Alien Land Laws; Sei Fujii; Naturalize; Interracial; Immigration And Nationality Act Of 1965; Refugees; War; Warfare; Vincent Chin; Bigotry; Chinatown; Boston; Social Impact; Asian American Lawyers Association; National Asian Pacific Bar Association; Asian Community Development Corporation; Asian Task Force Against Domestic Violence; Southeast Asia; Mee Moua; Change Management; Demographics; Prejudice and Bias; Rights; Immigration; Leadership; Problems and Challenges; Society; North and Central America

2009
Working Paper

Private Equity and Industry Performance

By: Josh Lerner

The growth of the private equity industry has spurred concerns about its potential impact on the economy more generally. This analysis looks across nations and industries to assess the impact of private equity on industry performance. Industries where PE funds have... View Details

Keywords: Private Equity; Investment; Common Law; Industry Growth; Performance Productivity; Europe; United Kingdom; United States

21 Feb 2005
Op-Ed

Is Business Management a Profession?

particular law and medicine. Our criteria for calling an occupation a bona fide profession are as follows: a common body of knowledge resting on a well-developed, widely accepted theoretical base; a system... View Details

Keywords: by Rakesh Khurana, Nitin Nohria & Daniel Penrice

October 2006 (Revised March 2009)
Case

Clifford Chance: Repotting the Tree

By: Arthur I Segel, A. Eugene Kohn and Nhat Minh Nguyen

Clifford Chance, LLP, a global law firm headquartered in London, needs to make a decision whether to stay in the central business district of London or move to a redeveloped business park at Canary Wharf, three miles outside of central London. Peter Charleton, head of... View Details

Keywords: Buildings and Facilities; Business Headquarters; Decision Choices and Conditions; Geographic Location; Logistics; London