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Spring–Fall 2015
Article

Whither Uber? Competitive Dynamics in Transportation Networks

By: Benjamin Edelman

Transportation Network Companies offer notable service advances—but do they comply with the law? I offer evidence of some important shortfalls, then consider how the legal system might appropriately respond. Though it is tempting to forgive many violations in light of... View Details

Keywords: Transportation Network Company; Uber; Lyft; Regulation; Lawfulness; Transportation Networks; Laws and Statutes; Law Enforcement; Transportation Industry; Information Technology Industry

February 2021
Article

The Department of Justice as a Gatekeeper in Whistleblower-Initiated Corporate Fraud Enforcement: Drivers and Consequences

By: Jonas Heese, Ranjani Krishnan and Hari Ramasubramanian

We examine drivers and consequences of U.S. Department of Justice (DOJ) oversight of whistleblower cases of corporate fraud against the government. We find that the DOJ is more likely to intervene in and conduct longer investigations of cases that have a higher chance... View Details

Keywords: Whistleblowing; Department Of Justice; DOJ Enforcement; Performance Measures; False Claims Act; Crime and Corruption; Governance Compliance; Law Enforcement

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March 2023
Article

Not from Concentrate: Collusion in Collaborative Industries

By: Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery

The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete.

In many... View Details

21 Feb 2008
Working Paper Summaries

Do Legal Origins Have Persistent Effects Over Time? A Look at Law and Finance around the World c. 1900

Keywords: by Aldo Musacchio; Legal Services

2024
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

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October 2018 (Revised October 2019)
Case

Rio Tinto vs. the Securities and Exchange Commission

By: Aiyesha Dey, Krishna G. Palepu and Sarah Gulick

27 Apr 2016
Research & Ideas

How the FBI Reinvented Itself After 9/11

President George W. Bush expanded the FBI’s mission with a single question for Mueller: What was the FBI doing to prevent the next terrorist attack? And just like that, the brand-new director of the FBI had to figure out how to transform the organization from a View Details

Keywords: by Carmen Nobel

05 May 2003
Research & Ideas

Greed, Fear, and The System Hinder Corporate Reform

Enforcers of regulatory laws are making some headway, particularly since the passage last summer of the Sarbanes-Oxley Act, but their work as a whole needs more teeth, according to panelists at the session... View Details

Keywords: by Martha Lagace

2016
Working Paper

The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market

Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details

Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry

March 2010
Case

Federal Bureau of Investigation, 2007

By: Jan W. Rivkin, Michael Roberto and Ranjay Gulati

In the wake of the 9/11 terrorist attacks, Robert Mueller, the Director of the Federal Bureau of Investigation (FBI), sought to transform the storied Bureau. The FBI had long served as both the chief law enforcement agency and the main domestic intelligence wing of the... View Details

Keywords: Transformation; Organizational Structure; Organizational Change and Adaptation; Government Administration; National Security; Corporate Strategy; Knowledge Acquisition; Law Enforcement; Public Administration Industry; United States

February 2005
Article

Can Foreign Firms Bond Themselves Effectively by Renting U.S. Securities Laws?

By: Jordan I. Siegel

The study tests the functional convergence hypothesis, which states that foreign firms can leapfrog their countries' weak legal institutions by listing equities in New York and agreeing to follow U.S. securities law. Evidence shows that the SEC and minority... View Details

Keywords: Corporate Governance; Cross-listing; Reputation; Bonding; Business Ventures; Laws and Statutes; Financial Instruments; United States; Mexico

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May 2008
Article

Coerced Confessions: Self-Policing in the Shadow of the Regulator

By: Jodi L. Short and Michael W. Toffel

As part of a recent trend toward more cooperative relations between regulators and industry, novel government programs are encouraging firms to monitor their own regulatory compliance and voluntarily report their own violations. In this study, we examine how regulatory... View Details

Keywords: Governance Compliance; Law Enforcement; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Environmental Sustainability; Programs; Power and Influence; Organizations; Decisions; Business and Government Relations; United States

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March 2021
Article

The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror

By: Trung Nguyen

This paper analyzes the impact of changes in regulatory priorities and resource allocation on criminal enforcement of white‐collar criminal activities. Using the 9/11 terrorist attacks as a shock to the FBI's priorities and allocation of investigative resources, as... View Details

Keywords: White-collar Crime; Government Regulation; Financial Fraud; Securities Fraud; Insider Trading; Crime and Corruption; Finance; Governing Rules, Regulations, and Reforms; Law Enforcement

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18 Aug 2010
Working Paper Summaries

The Role of Organizational Scope and Governance in Strengthening Private Monitoring

Keywords: by Lamar Pierce & Michael W. Toffel

Article

California Fair Trade: Antitrust and the Politics of 'Fairness' in U.S. Competition Policy

By: Laura Phillips Sawyer

In the decades before World War II, U.S. antitrust law was anything but settled. Considerable pressure for antitrust revision came from the states. A perhaps unlikely leader, Edna Gleason, organized California's retail pharmacists and coordinated trade networks to... View Details

Keywords: Competition; Fairness; Laws and Statutes; Policy; United States

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November 2016 (Revised November 2016)
Case

Mark43

By: Thomas Eisenmann, Mitch Weiss and Halah AlQahtani

The founders of Mark43, an early-stage startup that provides software for law enforcement agencies, must decide whether to bid on a request for proposals (RFP) from the Los Angeles Police Department (LAPD). On the one hand, LAPD would be a second large and influential... View Details

Keywords: Start-up; Software Applications; Government Markets; Rapid Growth Stage; Public Entrepreneurship; Entrepreneurship; Public Sector; Business Startups; Applications and Software; Growth and Development Strategy; United States; New York (city, NY)

Article

The Causes and Consequences of Industry Self-Policing

By: Jodi L. Short and Michael W. Toffel

Innovative regulatory programs are encouraging firms to police their own regulatory compliance and voluntarily disclose, or "confess," the violations they find. Despite the "win-win" rhetoric surrounding these government voluntary programs, it is not clear why... View Details

Keywords: Corporate Disclosure; Governance Compliance; Law Enforcement; Policy; United States

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April 2005
Case

FBI: Mission Extended

Following the bombing of the World Trade Center in 1993, there was consensus that the FBI needed to make organizational changes. The FBI had long distinguished itself as the world's pre-eminent organization for conducting after-the-fact investigations that laid the... View Details

Keywords: Organizational Change and Adaptation; Law Enforcement; United States

February 2024 (Revised May 2024)
Case

Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech

By: Joseph L. Badaracco Jr. and Susan Pinckney

In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of... View Details

Keywords: Transition; Government Administration; Lawsuits and Litigation; Monopoly; Technology Industry; United States; European Union; China; India

04 Feb 2002
Research & Ideas

How To Do Business in Islamic Countries

the Challenge." He was joined by a specialist in Islamic law, Harvard Law School professor Frank E. Vogel, for the series' discussion on doing business in the Islamic world. Vogel and Hayes are also co-authors of the book Islamic... View Details

Keywords: by Martha Lagace

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