Publications

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July 2012
Case

Barclays Capital and the Sale of Del Monte Foods

By: John Coates, Clayton Rose and David Lane

This case explores the reputational and legal issues that arise as Barclays Capital attempted to manage client conflicts by following established industry practice in the face of changing legal norms. In February 2011, Judge Travis Laster granted a preliminary... View Details

Keywords: Client Management; Fiduciary Duty; Mergers ＆ Acquisitions; Investment Banking; Private Equity; Ethics; Finance; Reputation; Banking Industry; United States

Article

Regulatory, Legal, and Market Aspects of Smart Wearables for Cardiac Monitoring

By: Jan Benedikt Brönneke, Jennifer Müller, Konstantinos Mouratis, Julia Hagen and Ariel Dora Stern

In the area of cardiac monitoring, the use of digitally driven technologies is on the rise. While the development of medical products is advancing rapidly, allowing for new use-cases in cardiac monitoring and other areas, regulatory and legal requirements that govern... View Details

Keywords: Wearables; Regulatory Changes; Medical Technology; Medical Devices; Market Access; Market Entry and Exit; Information Technology; Health Care and Treatment; Governing Rules, Regulations, and Reforms; United States; Germany; Belgium

February 2008 (Revised September 2010)
Case

Enterprise Culture in Chinese History: Zhang Jian and the Dasheng Cotton Mills

By: Elisabeth Koll

This case focuses on the legal and managerial evolution of limited-liability firms in China, using the example of the Dasheng cotton mills in Nantong near Shanghai. Dasheng, one of the earliest and most successful industrial enterprises in pre-war China, was founded by... View Details

Keywords: History; Law; Organizational Culture; Family Ownership; State Ownership; Corporate Governance; Financial Crisis; Business and Government Relations; Entrepreneurship; Change; Manufacturing Industry; Shanghai; China

May 2004 (Revised March 2005)
Case

Music Downloads

By: David B. Yoffie and Deborah Freier

Examines the competition between competing music formats. In the '90s, the MP3 format challenged the traditional means of music distribution by allowing for storage of near CD-quality recordings at 1/10th of their previous size. The threat to traditional distribution... View Details

Keywords: Disruption; Music Entertainment; Legal Liability; Distribution; Competition; Internet and the Web; Technology Adoption; Information Infrastructure; Entertainment and Recreation Industry; Music Industry

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2016
Case

Advanced Leadership Pathways: Alberto Mora and the Costs and Consequences of Torture

By: Rosabeth M. Kanter and Benjamin Summers

Alberto Mora's time as General Counsel of the Navy from 2001–2006 greatly influenced his mission to illuminate the policy consequences of torture. Mora's drive to restore the nation's awareness and conscience against torture was gaining traction. Prominent... View Details

Keywords: Leadership Skills; Torture; Costs And Consequences; Humane; Restraint; Human Dignity; Treatment Of Prisoners; Prison; Repression; Opposition; Revolution; Democracy; Communism; International Affairs; Public Service; September 11; War On Terror; Operation Enduring Freedom; Guantanamo; Cuba; Coalition; Working Group; Cruelty; Interrogation; Memorandum; American Law; Authority; Authoritative; Quadrennial Defense Review; National Defense Authorization Act; Public Engagement; Advocacy; Law; Accountability; Center For The Victims Of Torture; Human Rights; Public Policy; Legality; Morality; Legal System; Tactical Military Operations; West Point; NGO; Human Rights First; American Civil Liberties Union; Human Rights Watch; Amnesty International; Constitution Project; Center For Constitutional Rights; Strategic Military Effect; National Security; Weapon; Terrorism; Prisoners Of War; Abu Ghraib; Pentagon; Ethics; Moral Sensibility; Leadership; Rights; Policy; Public Opinion; United States

August 1999 (Revised February 2000)
Background Note

Introduction to Islamic Finance, An

By: Benjamin C. Esty, Fuaad Qureshi and Mathew M Millett

Provides a basic introduction to the principles of Islamic finance. Examines the religious background and legal foundations of Islamic finance. Also discusses the development of Islamic financial institutions and the financial instruments they use. Concludes with a... View Details

Keywords: Financial Institutions; Financial Instruments; Globalization; Growth and Development; Lawfulness; Problems and Challenges; Religion; Financial Services Industry

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

Keywords: Courts and Trials; Patents; Genetics; Judgments; Science-Based Business; Biotechnology Industry; United States

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

SSRN

2010
Working Paper

Agency Revisited

By: Ramon Casadesus-Masanell and Daniel F. Spulber

The article presents a comprehensive overview of the principal-agent model that emphasizes the role of trust in the agency relationship. The analysis demonstrates that the legal remedy for breach of duty can result in a full-information efficient outcome eliminating... View Details

Keywords: Ethics; Contracts; Agency Theory; Mathematical Methods; Behavior; Trust

08 Mar 2017
News

It's High Time: Weed at Harvard

14 Jun 2016
News

What business schools teach about shareholder value

Disclosure-Driven Crime

Distinguished Proceedings Prize & Holmes-Cardozo Award, 2017 Acad. of Legal Stud. in Bus. Highlighted in Oxford University’s Business Law and Columbia L. Sch.’s Blue Sky blogs. Re-posted by the Business Law Prof. blog. Selected for AALS... View Details

March 1992 (Revised September 1996)
Case

ABB Deutschland (C1)

By: Hugo Uyterhoeven

ABB Germany faces some newly emerging strategic and organizational challenges resulting from Europe 1992 and German reunification. In terms of organization, ABB Germany has created a holding company and has separated operations and service activities into legally... View Details

Keywords: Business Divisions; Organizations; Outcome or Result; Problems and Challenges; Opportunities; Corporate Strategy; Germany

May 2019 (Revised February 2022)
Background Note

The Gig Economy: Leasing Skills to Pay the Bills

By: Joseph Fuller, William R. Kerr and Carl Kreitzberg

This primer provides a comprehensive exploration into the gig economy and how it is reshaping global business. It shows how the Uber driver, the freelancing programmer in India, and the independent corporate consultant are all different variants of the modern-day gig... View Details

Keywords: Gig Economy; COVID-19 Pandemic; Talent and Talent Management; Human Resources; Labor; Strategy; Management; Globalization; North America; Europe; United States; United Kingdom

Every new firm selects a legal form. Organizing as a corporation, a limited company, or a partnership shapes the firm’s access to capital markets, its governance arrangements and tax liabilities, and its treatment in bankruptcy. We use multinomial choice models... View Details

26 Jun 2013
News

A New Movement, as Whites Resist Oppression

Video

Dr. Silvia Gold

Dr. Silvia Gold, President of the Mundo Sano Foundation and co-founder of Grupo Insud, explains how patent expiration is important for innovation, recounting that her company has always won against large Western pharmaceutical companies that have sought legal action... View Details

Winter 2022
Article

Determinants of Small Business Reopening Decisions After COVID Restrictions Were Lifted

By: Dylan Balla-Elliott, Zoë B. Cullen, Edward L. Glaeser, Michael Luca and Christopher Stanton

The COVID-19 pandemic led to dramatic economic disruptions, including government-imposed restrictions that temporarily shuttered millions of American businesses. We use a nation-wide survey of thousands of small business owners to establish three main facts about... View Details

Keywords: COVID-19; Demand Forecasting; Reopening; Health Pandemics; Government Administration; Small Business

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