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      • Faculty Publications  (285)

      Industry RegulationRemove Industry Regulation →

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      • November 2012 (Revised January 2013)
      • Case

      Companion Diagnostics: Uncertainties for Approval and Reimbursement

      By: Richard G. Hamermesh, Norman C. Selby and Phillip Andrews
      The FDA approvals of novel therapeutics were seen as signs in the personalized medicine community of real progress in the growth of personalized medicine. The FDA's approval of such drugs, along with companion diagnostics, suggested a shift in thinking and regulatory... View Details
      Keywords: Models Of Reimbursement; Personalized Medicine; Regulation; Healthcare Reform; Health Care and Treatment; Health Industry; United States
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      Hamermesh, Richard G., Norman C. Selby, and Phillip Andrews. "Companion Diagnostics: Uncertainties for Approval and Reimbursement." Harvard Business School Case 813-037, November 2012. (Revised January 2013.)
      • 2012
      • White Paper

      Robust Enforcement Should Complement Voluntary Regulation

      By: Jodi L. Short and Michael W. Toffel
      Spurred by the anti-regulation movement that started in the 1970s, voluntary self-regulation programs have emerged in many regulatory agencies, seeking to increase cooperation between government and industry to achieve greater and more cost-effective compliance.... View Details
      Keywords: Governance Compliance; Business and Government Relations
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      Short, Jodi L., and Michael W. Toffel. "Robust Enforcement Should Complement Voluntary Regulation." Georgetown University Economic Policy Vignette, September 2012.
      • August 2012 (Revised September 2013)
      • Case

      EnerNOC: DemandSMART

      By: Michael W. Toffel, Kira Fabrizio and Stephanie van Sice
      EnerNOC is an energy company with an innovative business model: it serves as an intermediary between electric utilities and electricity users. It contracts with electricity users willing to reduce demand during periods of peak energy demand, and sells this as excess... View Details
      Keywords: Production Planning; Productivity; Environmental Protection; Energy; Environment; Business Government Relations; Laws And Regulation; Business Model; Environmental Sustainability; Innovation and Invention; Opportunities; Risk and Uncertainty; Governing Rules, Regulations, and Reforms; Supply Chain Management; Production; Energy Conservation; Energy Industry
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      Toffel, Michael W., Kira Fabrizio, and Stephanie van Sice. "EnerNOC: DemandSMART." Harvard Business School Case 613-036, August 2012. (Revised September 2013.)
      • Article

      The Consumer Financial Protection Bureau: Financial Regulation for the Twenty-First Century

      By: Leonard J. Kennedy, Patricia A. McCoy and Ethan S. Bernstein
      After existing regulatory systems failed to prevent the recent financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, a sweeping reform designed to alleviate the crisis and prevent its recurrence. Out of this Act, the Consumer... View Details
      Keywords: Consumer Financial Protection Bureau; Dodd-Frank; CFPB; Financial Crisis; Reform; New Agency; Market-based Approach; Evidence-based Analysis; Innovative Technologies And Transparency Policies; BEST Practices; Government and Politics; Government Administration; Finance; Financial History; Law; Markets; Organizations; Organizational Design; Business and Government Relations; Balance and Stability; Strategy; Financial Services Industry; Financial Services Industry; United States
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      Kennedy, Leonard J., Patricia A. McCoy, and Ethan S. Bernstein. "The Consumer Financial Protection Bureau: Financial Regulation for the Twenty-First Century." Cornell Law Review 97, no. 5 (July 2012): 1141–1176.
      • Article

      Regulation and UK Retailing Productivity: Evidence from Microdata

      By: Jonathan Haskel and Raffaella Sadun
      We explore the effects of planning regulation on the UK retail sector between 1997 and 2003 using micro-data from the UK census. We document a shift to smaller shops following a 1996 regulatory change that increased the costs of opening large stores. Our analysis... View Details
      Keywords: Governing Rules, Regulations, and Reforms; Performance Productivity; Growth and Development; Economic Slowdown and Stagnation; Management Analysis, Tools, and Techniques; Change; Cost; Retail Industry; United Kingdom
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      Haskel, Jonathan, and Raffaella Sadun. "Regulation and UK Retailing Productivity: Evidence from Microdata." Economica 79, no. 315 (July 2012): 425–448.
      • June 2012 (Revised August 2012)
      • Case

      MF Global: Where's the Money?

      By: Clayton S. Rose, Pamela Chan and Raghav Chopra
      When MF Global failed in October of 2011, it was discovered that $1.6 billion of segregated customer assets was missing. Safeguarding these assets was the firm's responsibility, and in the words of one SEC official, its "sacred obligation." What is known about the... View Details
      Keywords: Financial Firms; Customer Obligations; Bankruptcy; Regulation; Financial Crisis; Brokerage; Asset Management; Ethics; Governing Rules, Regulations, and Reforms; Financial Management; Crisis Management; Insolvency and Bankruptcy; Financial Services Industry
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      Rose, Clayton S., Pamela Chan, and Raghav Chopra. "MF Global: Where's the Money?" Harvard Business School Case 312-106, June 2012. (Revised August 2012.)
      • May 18, 2012
      • Article

      Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss

      By: David I Levine, Michael W. Toffel and Matthew S. Johnson
      Controversy surrounds occupational health and safety regulators, with some observers claiming that workplace regulations damage firms' competitiveness and destroy jobs and others arguing that they make workplaces safer at little cost to employers and employees. We... View Details
      Keywords: Regulation; Occupational Safety; Evaluation; Regression; Matching; Difference In Differences; Safety; Health; Working Conditions; Governing Rules, Regulations, and Reforms; Competitive Advantage; Performance; Manufacturing Industry; California
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      Levine, David I., Michael W. Toffel, and Matthew S. Johnson. "Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss." Science 336, no. 6083 (May 18, 2012): 907–911. (Online supplement (appendix). Featured in an article by the head of US OSHA, and in U.S. News & World Report and many other news outlets. Basis of U.S. Congressional testimony on promoting safe workplaces.)
      • Spring 2012
      • Article

      The Need for Sector-Specific Materiality and Sustainability Reporting Standards

      By: Robert G. Eccles, Michael P. Krzus, Jean Rogers and George Serafeim
      Even though the supply of sustainability information has increased considerably in the last decade, companies are still failing to disclose material information in a comparable format. We believe this has two downsides. On the one hand, companies are not adequately... View Details
      Keywords: Sustainability; Reporting; Standard Setting; Regulation; Environmental Sustainability; Accounting; Standards; Integrated Corporate Reporting; Corporate Disclosure; Competitive Advantage; Capital Markets; Accounting Industry; United States
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      Eccles, Robert G., Michael P. Krzus, Jean Rogers, and George Serafeim. "The Need for Sector-Specific Materiality and Sustainability Reporting Standards." Journal of Applied Corporate Finance 24, no. 2 (Spring 2012): 65–71.
      • Article

      Credit Access and Social Welfare: The Rise of Consumer Lending in the United States and France

      By: Gunnar Trumbull
      Research into the causes of the 2008 financial crisis has drawn attention to a link between growing income inequality in the United States and high household indebtedness. Most accounts trace the U.S. idea of credit-as-welfare to the period of wage stagnation and... View Details
      Keywords: Household Finance; Welfare State; Credit; Personal Finance; Welfare; Borrowing and Debt; France; United States
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      Trumbull, Gunnar. "Credit Access and Social Welfare: The Rise of Consumer Lending in the United States and France." Politics & Society 40, no. 1 (March 2012): 9–34.
      • August 2011 (Revised October 2014)
      • Case

      High Wire Act: Credit Suisse and Contingent Capital (A)

      By: Clayton S. Rose and Aldo Sesia
      Late in 2010, Credit Suisse CEO Brady Dougan and his team closed in on the decision of whether or not to issue contingent capital, which Swiss regulators would require by 2019. There were a number of substantial issues facing Dougan and his team, including whether... View Details
      Keywords: Financial Institutions; Capital Markets; Financial Crisis; Decision Choices and Conditions; Leadership; International Finance; Financial Liquidity; Risk and Uncertainty; Competitive Strategy; Financial Services Industry; Switzerland
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      Rose, Clayton S., and Aldo Sesia. "High Wire Act: Credit Suisse and Contingent Capital (A)." Harvard Business School Case 312-007, August 2011. (Revised October 2014.)
      • March 2011 (Revised March 2011)
      • Case

      Horizon Blue Cross Blue Shield of New Jersey - Managing in the Shadow of Health Care Reform

      By: Felix Oberholzer-Gee, Raffaella Sadun and Richard G. Hamermesh
      Per the Patient Protection and Affordable Care Act (PPACA), which President Obama signed in 2010, states would be required to create state-wide health insurance marketplaces - the Health Benefit Exchanges (HBEs) - in which individuals and small employers could choose... View Details
      Keywords: Insurance; Health Care and Treatment; Governing Rules, Regulations, and Reforms; Emerging Markets; Risk and Uncertainty; Health Industry; Health Industry; New Jersey
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      Oberholzer-Gee, Felix, Raffaella Sadun, and Richard G. Hamermesh. "Horizon Blue Cross Blue Shield of New Jersey - Managing in the Shadow of Health Care Reform." Harvard Business School Case 711-403, March 2011. (Revised March 2011.)
      • January 2011 (Revised April 2011)
      • Case

      CME Group

      By: Forest L. Reinhardt and James Weber
      The case describes CME Group, the world's largest commodities exchange, futures and options on futures contracts, history, regulation, and the strategic choices the company faced. CME Group was formed from the oldest and most well-known exchanges in the world. Traders... View Details
      Keywords: Financial Crisis; Stocks; Goods and Commodities; Governing Rules, Regulations, and Reforms; Risk Management; Market Participation; Market Transactions; Financial Services Industry; United States
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      Reinhardt, Forest L., and James Weber. "CME Group." Harvard Business School Case 711-005, January 2011. (Revised April 2011.)
      • January 2011
      • Case

      A Slice of the Pie: Ruby Collins and Tenants in Common

      By: John D. Macomber and Kristian Peterson
      A securitized small real estate investment vehicle fails and the many individual owners have to decide how to manage or dispose of the asset. This case follows Ruby Collins, a small investor, through the logic of Section 1031 Like Kind Exchanges as well as the... View Details
      Keywords: Financial Instruments; Investment; Risk Management; Ownership Stake; Partners and Partnerships; Valuation; Real Estate Industry
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      Macomber, John D., and Kristian Peterson. "A Slice of the Pie: Ruby Collins and Tenants in Common." Harvard Business School Case 211-008, January 2011.
      • January – February 2011
      • Article

      Creating Shared Value

      By: Michael E. Porter and Mark R. Kramer
      The capitalist system is under siege. In recent years business has been criticized as a major cause of social, environmental, and economic problems. Companies are widely thought to be prospering at the expense of their communities. Trust in business has fallen to new... View Details
      Keywords: Customer Value and Value Chain; Economic Growth; Economic Systems; Corporate Social Responsibility and Impact; Environmental Sustainability; Trust; Human Needs; Welfare; Competitive Advantage; Value Creation
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      Porter, Michael E., and Mark R. Kramer. "Creating Shared Value." Harvard Business Review 89, nos. 1-2 (January–February 2011): 62–77.
      • 2011
      • Working Paper

      From Social Control to Financial Economics: The Linked Ecologies of Economics and Business in Twentieth Century America

      By: Marion Fourcade and Rakesh Khurana
      As the main producers of managerial elites, business schools represent strategic research sites for understanding the formation of economic practices and representations. This article draws on historical material to analyze the changing place of economics in American... View Details
      Keywords: Economics; Practice; Business Education; Labor and Management Relations; Decision Making; Management Analysis, Tools, and Techniques; Change; Governing Rules, Regulations, and Reforms; Finance; Knowledge; Production; Business Conglomerates; Education Industry; United States
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      Fourcade, Marion, and Rakesh Khurana. "From Social Control to Financial Economics: The Linked Ecologies of Economics and Business in Twentieth Century America." Harvard Business School Working Paper, No. 11-071, January 2011.
      • December 2010 (Revised June 2018)
      • Case

      The Pecora Hearings

      By: David Moss, Cole Bolton and Eugene Kintgen
      In 1932, in the depths of the Great Depression, the Senate Banking Committee began a much-publicized investigation of the nation's financial sector. The hearings, which came to be known as the Pecora hearings after the Banking Committee's lead counsel Ferdinand Pecora,... View Details
      Keywords: Financial Crisis; Fairness; Borrowing and Debt; Financial Institutions; Debt Securities; Stocks; Governing Rules, Regulations, and Reforms; Government Legislation; History; Financial Services Industry; United States
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      Moss, David, Cole Bolton, and Eugene Kintgen. "The Pecora Hearings." Harvard Business School Case 711-046, December 2010. (Revised June 2018.)
      • November 2010
      • Case

      Lessons Learned? Brooksley Born & the OTC Derivatives Market (A)

      By: Clayton S. Rose and David Lane
      On May 7, 1998, the U.S. Commodity Futures Trading Commission, chaired by Brooksley Born, issued a "Concept Release" inviting public comment on the relevance and appropriateness of existing regulation of the over-the-counter (OTC) derivatives market, a market with a... View Details
      Keywords: Financial Crisis; Credit Derivatives and Swaps; Governing Rules, Regulations, and Reforms; Policy; Business and Government Relations; Financial Services Industry; Financial Services Industry; District of Columbia
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      Rose, Clayton S., and David Lane. "Lessons Learned? Brooksley Born & the OTC Derivatives Market (A)." Harvard Business School Case 311-044, November 2010.
      • November 2010
      • Supplement

      Lessons Learned? Brooksley Born & the OTC Derivatives Market (B)

      By: Clayton S. Rose and David Lane
      This (B) case provides the 2009 reflections of former SEC Chairman Arthur Levitt on CFTC Chairman Brooksley Born's 1998 efforts to consider regulating the OTC derivative market. It also provides a summary of the aspects of the 2010 Dodd-Frank Act that regulate these... View Details
      Keywords: Financial Crisis; Credit Derivatives and Swaps; Governing Rules, Regulations, and Reforms; Policy; Government Legislation; Business and Government Relations; Financial Services Industry; Financial Services Industry; District of Columbia
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      Rose, Clayton S., and David Lane. "Lessons Learned? Brooksley Born & the OTC Derivatives Market (B)." Harvard Business School Supplement 311-070, November 2010.
      • November 2010
      • Article

      Which of These People Is Your Future CEO?

      By: Boris Groysberg, Andrew Hill and Toby Johnson
      Americans have long believed that U.S. military officers-trained for high-stakes positions, resilience, and mental agility-make excellent CEOs. That belief is sound, but the authors' analysis of the performance of 45 companies led by CEOs with military experience... View Details
      Keywords: Experience and Expertise; Training; Leadership Style; Managerial Roles; Situation or Environment; United States
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      Groysberg, Boris, Andrew Hill, and Toby Johnson. "Which of These People Is Your Future CEO?" Harvard Business Review 88, no. 11 (November 2010): 80–85.
      • September 2010
      • Article

      Making Self-Regulation More Than Merely Symbolic: The Critical Role of the Legal Environment

      By: Jodi L. Short and Michael W. Toffel
      Using data from a sample of U.S. industrial facilities subject to the federal Clean Air Act from 1993 to 2003, this article theorizes and tests the conditions under which organizations' symbolic commitments to self-regulate are particularly likely to result in improved... View Details
      Keywords: Adoption; Code Law; Environmental Sustainability; Governing Rules, Regulations, and Reforms; Organizations; Governance Compliance; Strategy; Motivation and Incentives; United States
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      Short, Jodi L., and Michael W. Toffel. "Making Self-Regulation More Than Merely Symbolic: The Critical Role of the Legal Environment." Administrative Science Quarterly 55, no. 3 (September 2010): 361–396. (Lead article; Featured in the Stanford Social Innovation Review (Summer 2011) and in Behind the scenes of the Administrative Science Quarterly.)
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