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Publications
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- Faculty Publications (414)
Legality
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- 2012
- Working Paper
The Impact of Modularity on Intellectual Property and Value Appropriation
By: Carliss Y. Baldwin and Joachim Henkel
Modularity is a means of partitioning technical knowledge about a product or process. When state-sanctioned intellectual property rights are ineffective or costly to enforce, modularity can be used to hide information and thus protect intellectual property (IP). We... View Details
- September 2011 (Revised August 2014)
- Background Note
Note on Bundled Payment in Health Care
By: Regina E. Herzlinger and Charles C. Huang
The note explains how bundled health care payment differs from fee-for-service payment, provides examples of the difference between the two, describes early innovators in bundling and their results, provides guidance on how to make it happen, and elucidates the legal... View Details
- Article
Hiring Teams, Firms and Lawyers: Evidence of the Evolving Relationships in the Corporate Legal Market
By: Ashish Nanda, Michele DeStefano Beardslee, John C. Coates and David B. Wilkins
- August 2011 (Revised August 2011)
- Supplement
Remicade/Simponi: Legal Memorandum
By: Guhan Subramanian, Guhan Subramanian and Rhea Ghosh
Supplements Remicade/Simponi: Confidential Instructions for Johnson & Johnson and Remicade/Simponi: Confidential Instructions for Merck. View Details
- August 2011 (Revised October 2015)
- Case
Boardroom Battle Behind Bars: Gome Electrical Appliances Holdings—A Corporate Governance Drama
By: William C. Kirby and Tracy Yuen Manty
Despite widespread news of the incarceration of Gome Electronics' CEO, Huang Guangyu, Bain Capital felt they carefully undertook due diligence before making a significant investment in the company. The venture capital firm was confident that it and the current... View Details
Keywords: China; Legal Aspects Of Business; Corruption; Risk; Corporate Governance; Crime and Corruption; Power and Influence; Risk Management; Business and Shareholder Relations; Venture Capital; Ethics; Governing and Advisory Boards; Governing Rules, Regulations, and Reforms; Values and Beliefs; Private Equity; China
- August 2011
- Article
Coming Clean and Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing
By: Michael W. Toffel and Jodi L. Short
Regulatory agencies are increasingly establishing voluntary self-reporting programs both as an investigative tool and to encourage regulated firms to commit to policing themselves. We investigate whether voluntary self-reporting can reliably indicate effective... View Details
- Fall 2011
- Article
Leveraging Tribal Sovereignty for Economic Opportunity: A Strategic Negotiations Perspective
By: Gavin Clarkson and James K. Sebenius
Indian tribes and U.S. states often find themselves at the bargaining table, often negotiating "compacts" to govern gaming operations on tribal lands. The operational success of the Pequot gaming operation in Connecticut, Foxwoods, and the substantial revenue shared... View Details
- June 2011 (Revised October 2013)
- Case
Gene Patents (A)
By: Richard Hamermesh, David Kiron and Phillip Andrews
In March 2010, U.S. District Court Judge Robert Sweet overturned 30 years of legal precedent and ruled that unaltered human genes could not be patented. This case reviews patent law and how it relates to our increasing knowledge of the Human Genome. The case issues... View Details
- February 2011 (Revised December 2012)
- Case
Coca-Cola on Facebook
By: John Deighton and Leora Kornfeld
In late 2008, executives at Coca-Cola had to decide what to do with a fan-created page on Facebook that had amassed over one million followers in three months. From a legal point of view the fan-created page was in violation of Facebook's terms of service as a... View Details
- 2011
- Working Paper
Do U.S. Market Interactions Affect CEO Pay? Evidence from UK Companies
By: Joseph J. Gerakos, Joseph D. Piotroski and Suraj Srinivasan
This paper examines the extent that interactions with U.S. markets impact the compensation practices of non-U.S. firms. Using a sample of large U.K. companies, we find that the total compensation of U.K. CEOs is positively related to the extent of the firm's... View Details
- Article
Values, Purpose, Meaning, and Expectations: Why Culture and Context Matter
The "rational person" standard, based on assumptions of economic self-interest, has long prevailed in legal reasoning. But understanding of decision making, behavioral choices, and possibilities for action must be enlarged to include a variety of factors that give... View Details
- Article
Whites See Racism as a Zero-Sum Game That They Are Now Losing
By: Michael I. Norton and Samuel R. Sommers
Although some have heralded recent political and cultural developments as signaling the arrival of a post-racial era in America, several legal and social controversies regarding "reverse racism" highlight Whites' increasing concern about anti-White bias. We show that... View Details
Keywords: Racism; Zero-sum Game; Bias; Affirmative Action; Prejudice and Bias; Race; Social Issues; United States
- 2011
- Case
Xinxing Ductile Iron Pipes: Transforming the Management Control System in Time of Crisis
By: Ning Jia, F. Warren McFarlan and Xiaohui Li
Xinxing Ductile Iron Pipes Co. is a Chinese state-owned enterprise (SOE) that manufactures cast pipe products and steel products. The company had grown to become a dominant player in the ductile iron pipe industry, holding more than 40% domestic market share and nearly... View Details
- 2011
- Teaching Note
Xinxing Ductile Iron Pipes: Transforming the Management Control System in Time of Crisis (TN)
By: Ning Jia, F. Warren McFarlan and Xiaohui Li
Xinxing Ductile Iron Pipes Co. is a Chinese state-owned enterprise (SOE) that manufactures cast pipe products and steel products. The company had grown to become a dominant player in the ductile iron pipe industry, holding more than 40% domestic market share and nearly... View Details
- December 2010 (Revised March 2015)
- Case
The Wright Brothers and Their Flying Machines
By: Tom Nicholas and David Chen
Wilbur (1867-1912) and Orville (1871-1948) Wright were fascinated by the mystery of flight and they built on the ideas of prominent earlier figures such as Octave Chanute (1832-1910) the French-born American who was influential in fostering the free exchange of ideas... View Details
- 2010
- Working Paper
Lawful but Corrupt: Gaming and the Problem of Institutional Corruption in the Private Sector
This paper describes how the gaming of society's rules by corporations contributes to the problem of institutional corruption in the world of business. "Gaming" in its various forms involves the use of technically legal means to subvert the intent of society's rules in... View Details
- November 2010
- Technical Note
Technical Note: An Abridged History of the American Corporation
By: Rakesh Khurana, Andrew David Klaber and Eric Baldwin
This note examines the development of the corporate form in the United States from the eighteenth century to the present, focusing primarily on legal issues. It identifies several major trends in the history of the American corporation: the transition of corporations... View Details
- October 2010 (Revised May 2012)
- Background Note
Reverse Engineering, Learning, and Innovation
By: Willy C. Shih
This background reading looks at reverse engineering in the context of piracy and knock-offs in emerging markets like China. It first considers legal aspects of reverse engineering in strong property rights regimes like the United States as a way of unpacking the legal... View Details
- October 2010 (Revised June 2021)
- Case
Bessemer Trust: Guardians of Capital
By: Tom Nicholas and David Chen
Henry Phipps, Jr. made his fortune in the steel industry alongside one of America's most celebrated entrepreneurs—Andrew Carnegie. His wealth was administered in the form of trusts, which he hoped would provide a stream of income for his family and their descendants... View Details
Keywords: Wealth; Asset Management; Family Business; Business History; Income; Entrepreneurship; Capital; United States
- fall 2010
- Article
Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America
By: Faisal Z. Ahmed, Laura Alfaro and Noel Maurer
The re-occurring phenomenon of sovereign default has prompted an enormous theoretical and empirical literature. Most of this research has focused on why countries ever chose to pay their debts (or why private creditors ever expected repayment). The problem originates... View Details