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    • All HBS Web  (390)
      • Faculty Publications  (141)

      Regulatory ReformsRemove Regulatory Reforms →

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      • 2022
      • Article

      Regulatory Treatment of Changes in Fair Value and the Composition of Banks' Investment Portfolios

      By: Michael Iselin, Jung Koo Kang and Joshua Madsen
      In their implementation of Basel III, U.S. bank regulators are again including changes in the fair value of available-for-sale (AFS) debt securities in Tier 1 capital, but only for the largest U.S. banks. This paper investigates a potential impact of expanding this... View Details
      Keywords: Fair Value Accounting; SFAS 115; Basel III; Governing Rules, Regulations, and Reforms; Banks and Banking; Debt Securities; Credit; Risk and Uncertainty; Investment Portfolio; Decision Making; Banking Industry; United States
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      Iselin, Michael, Jung Koo Kang, and Joshua Madsen. "Regulatory Treatment of Changes in Fair Value and the Composition of Banks' Investment Portfolios." Journal of Financial Reporting 7, no. 1 (2022): 123–143.
      • June 9, 2023
      • Article

      A Radical Treatment for Insulin Pricing

      By: Leemore S. Dafny
      In 2021, the Food and Drug Administration (FDA) approved the first interchangeable biosimilar for long-acting insulin, which many hoped would be substantially cheaper than the reference branded product. I explain why prices have barely changed, and argue that a... View Details
      Keywords: Biosimilars; Rebates; Pharmaceuticals; Health Care and Treatment; Price; Governing Rules, Regulations, and Reforms; Pharmaceutical Industry; United States
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      Dafny, Leemore S. "A Radical Treatment for Insulin Pricing." New England Journal of Medicine 386, no. 23 (June 9, 2023): 2157–2159.
      • 2022
      • Chapter

      Measuring Compliance Risk and the Emergence of Analytics

      By: Eugene F. Soltes
      Corporate compliance manages a diverse set of regulatory and reputational concerns ranging from fraud to privacy to discrimination. However, effectively managing such risks has often been hampered by a lack of adequate information about when, where, and why misconduct... View Details
      Keywords: Compliance; Risk; Analytics; Governance Compliance; Governing Rules, Regulations, and Reforms; Risk Management; Analytics and Data Science
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      Soltes, Eugene F. "Measuring Compliance Risk and the Emergence of Analytics." Chap. 8 in Measuring Compliance: Assessing Corporate Crime and Misconduct Prevention, edited by Melissa Rorie and Benjamin van Rooij, 137–152. Cambridge University Press, 2022.
      • 2021
      • Working Paper

      Capitalism, Slavery, and the Legacy of Cesare Beccaria

      By: Sophus A. Reinert
      The Milanese Marquis Cesare Beccaria (1738-1794) dedicated his life first to theorizing a more just and equal society grounded in individual rights, anchored in secular political economy rather than in religious dogma, then to realizing this bold vision... View Details
      Keywords: Slavery; Racism; Capitalism; History; Society
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      Reinert, Sophus A. "Capitalism, Slavery, and the Legacy of Cesare Beccaria." Harvard Business School Working Paper, No. 22-034, December 2021. (Revised January 2022.)
      • October 2021
      • Article

      Can Self-Regulation Save Digital Platforms?

      By: Michael A. Cusumano, Annabelle Gawer and David B. Yoffie
      This article explores some of the critical challenges facing self-regulation and the regulatory environment for digital platforms. We examine several historical examples of firms and industries that attempted self-regulation before the Internet. All dealt with similar... View Details
      Keywords: Self-regulation; Government Regulation; Digital Platforms; Governing Rules, Regulations, and Reforms
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      Cusumano, Michael A., Annabelle Gawer, and David B. Yoffie. "Can Self-Regulation Save Digital Platforms?" Industrial and Corporate Change 30, no. 5 (October 2021): 1259–1285.
      • Article

      The Harmonization of Lending Standards within Banks through Mandated Loan-Level Transparency

      By: Jung Koo Kang, Maria Loumioti and Regina Wittenberg-Moerman
      We explore whether the introduction of transparent reporting rules increases credit standard harmonization within a bank. We exploit the new loan-level reporting rules imposed on banks that borrow from the European Central Bank using repurchase agreements... View Details
      Keywords: Transparency; External And Internal Reporting; Credit Term Harmonization; Regulatory Scrutiny; Banks and Banking; Credit; Financial Reporting; Governing Rules, Regulations, and Reforms; Learning
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      Kang, Jung Koo, Maria Loumioti, and Regina Wittenberg-Moerman. "The Harmonization of Lending Standards within Banks through Mandated Loan-Level Transparency." Journal of Accounting & Economics 72, no. 1 (August 2021): 101386.
      • Article

      The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets

      By: Leemore S. Dafny
      This article describes potential regulatory and legislative reforms to assist antitrust enforcement agencies in halting anticompetitive acquisitions and practices, and preserving and promoting competition in health care markets. View Details
      Keywords: Health Care and Treatment; Markets; Competition; Governing Rules, Regulations, and Reforms
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      Dafny, Leemore S. "The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets." Promarket (June 10, 2021).
      • 2021
      • Working Paper

      Regulatory Approval and Expanded Market Size

      By: Benjamin Berger, Amitabh Chandra and Craig Garthwaite
      Regulatory review of new medicines is often viewed as a hindrance to innovation by increasing the hurdle to bring products to market. However, a more complete accounting of regulation must also account for its potential market expanding effects through quality... View Details
      Keywords: New Medicines; Regulatory Approval; Health Care and Treatment; Research and Development; Governing Rules, Regulations, and Reforms; Markets; Expansion; Pharmaceutical Industry
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      Berger, Benjamin, Amitabh Chandra, and Craig Garthwaite. "Regulatory Approval and Expanded Market Size." NBER Working Paper Series, No. 28889, June 2021.
      • 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
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      Barry, Jordan M., John William Hatfield, and Scott Duke Kominers. "To Thine Own Self Be True? Incentive Problems in Personalized Law." Art. 2. William & Mary Law Review 62, no. 3 (2021).
      • Article

      Ten Year Sunset Rule for Healthcare Regulation Is a Nonstarter and Discouragement to Post-COVID-19 Investment

      By: Regina E. Herzlinger and Eugene Schneller
      U.S. healthcare delivery has not benefitted from the same productivity growth as many other service industries, such as bricks and mortar retailing, a loss that has gravely diminished cost control and access. Regulatory capture, which creates barriers to venture... View Details
      Keywords: Health Care; COVID-19; Regulation; Health Care and Treatment; Health Pandemics; Governing Rules, Regulations, and Reforms; Investment
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      Herzlinger, Regina E., and Eugene Schneller. "Ten Year Sunset Rule for Healthcare Regulation Is a Nonstarter and Discouragement to Post-COVID-19 Investment." Journal of Health Care Finance 47, no. 4 (Spring 2021). (Special Commentary.)
      • March 2021 (Revised December 2021)
      • Supplement

      Ant Financial (D)

      By: Feng Zhu, Krishna G. Palepu, Kerry Herman and Susie Ma
      The (D) case updates the case series from the time of Ant’s planned IPO, and the Chinese government’s regulatory shifts. View Details
      Keywords: Finance; Information Technology; Governing Rules, Regulations, and Reforms; Financial Services Industry; Technology Industry; China; Beijing
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      Zhu, Feng, Krishna G. Palepu, Kerry Herman, and Susie Ma. "Ant Financial (D)." Harvard Business School Supplement 621-089, March 2021. (Revised December 2021.)
      • November 2020 (Revised March 2023)
      • Case

      Zipline: The World's Largest Drone Delivery Network

      By: Tarun Khanna and George Gonzalez
      Zipline established the world's largest logistics network in Rwanda and Ghana by delivering medical supplies to hospitals via automated drones. The company is now looking to expand in the U.S. and partnered with Walmart to expand into home delivery. Zipline must... View Details
      Keywords: Drones; Business Startups; Expansion; Growth and Development Strategy; Governing Rules, Regulations, and Reforms; Medical Devices and Supplies Industry; United States; Africa
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      Khanna, Tarun, and George Gonzalez. "Zipline: The World's Largest Drone Delivery Network." Harvard Business School Case 721-366, November 2020. (Revised March 2023.)
      • Article

      Does Your Company Need a Chief Medical Officer?

      By: Tsedal Neeley
      With the Covid-19 pandemic still raging but businesses trying to remain operational, organizations now have a life or death role to play in protecting the health of employees, customers, and the public. That means they need a new executive in the C-suite: a chief... View Details
      Keywords: COVID-19 Pandemic; Health; Health Pandemics; Organizational Change and Adaptation; Organizational Structure; Safety; Governing Rules, Regulations, and Reforms; Working Conditions
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      Neeley, Tsedal. "Does Your Company Need a Chief Medical Officer?" Harvard Business Review (website) (October 1, 2020).
      • September 2020
      • Article

      Regulatory Sandboxes: A Cure for mHealth Pilotitis?

      By: Abhishek Bhatia, Rahul Matthan, Tarun Khanna and Satchit Balsari
      Mobile health (mHealth) and related digital health interventions in the past decade have not always scaled globally as anticipated earlier despite large investments by governments and philanthropic foundations. The implementation of digital health tools has suffered... View Details
      Keywords: COVID-19; mHealth; Digital Health; Design Thinking; Regulation; Intervention; Regulatory Sandbox; Health Care and Treatment; Technological Innovation; Design; Governing Rules, Regulations, and Reforms; India
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      Bhatia, Abhishek, Rahul Matthan, Tarun Khanna, and Satchit Balsari. "Regulatory Sandboxes: A Cure for mHealth Pilotitis?" Journal of Medical Internet Research 22, no. 9 (September 2020).
      • 2020
      • Working Paper

      How Should U.S. Bank Regulators Respond to the COVID-19 Crisis?

      By: Michael Blank, Samuel G. Hanson, Jeremy C. Stein and Adi Sunderam
      Drawing on lessons from the 2007–2009 Global Financial Crisis (GFC) and a simple conceptual framework, we examine the response of U.S. bank regulators to the COVID-19 pandemic. We argue that the current regulatory strategy of “watchful waiting”—the same strategy that... View Details
      Keywords: COVID-19; Bank Regulation; Recapitalization; Health Pandemics; Banks and Banking; Governing Rules, Regulations, and Reforms; Strategy; Risk Management; United States
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      Blank, Michael, Samuel G. Hanson, Jeremy C. Stein, and Adi Sunderam. "How Should U.S. Bank Regulators Respond to the COVID-19 Crisis?" Hutchins Center Working Paper, No. 63, June 2020.
      • 2020
      • Working Paper

      Capital Regulation and Product Market Outcomes

      By: Ishita Sen and David Humphry
      We present evidence of product market adjustments and asset reorganizations from the largest ever shift in risk regulation in a developed insurance market. Using proprietary data on insurance risk exposures from the Bank of England, we develop a measure of regulatory... View Details
      Keywords: Non-traditional-non-insurance; Risk Regulation; Product Market Concentration; Small Vs. Large Insurers; Insurance Risk Exposure; Insurance; Risk and Uncertainty; Governing Rules, Regulations, and Reforms
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      Sen, Ishita, and David Humphry. "Capital Regulation and Product Market Outcomes." Working Paper, January 2020.
      • 2020
      • Working Paper

      Internal Models, Make Believe Prices, and Bond Market Cornering

      By: Ishita Sen and Varun Sharma
      Exploiting position-level heterogeneity in regulatory incentives to misreport and novel data on regulators, we document that U.S. life insurers inflate the values of corporate bonds using internal models. We estimate an additional $9-$18 billion decline in regulatory... View Details
      Keywords: Life Insurers; Capital Regulation; Internal Models; Corporate Bonds; Regulatory Supervision; Concentrated Ownership; Bonds; Capital; Governing Rules, Regulations, and Reforms; Insurance; Investment Portfolio
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      Sen, Ishita, and Varun Sharma. "Internal Models, Make Believe Prices, and Bond Market Cornering." Working Paper, June 2020.
      • June 2019
      • Case

      Fangda Partners: A Step Ahead

      By: Ashish Nanda and Lisa Rohrer
      Elite Chinese law firm Fangda Partners has steered Alibaba and other Chinese and international clients through the complex legal, corporate, and regulatory challenges associated with executing international transactions. “Fangda has traveled a long distance in a short... View Details
      Keywords: Law Firm; Law Firms; Growth; Legal Industry; Regulation; Professional Services; Law; Leadership; Growth and Development; Strategy; Governing Rules, Regulations, and Reforms; Legal Services Industry; China
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      Nanda, Ashish, and Lisa Rohrer. "Fangda Partners: A Step Ahead." Harvard Business School Case 719-406, June 2019.
      • Fall 2017
      • Article

      Strengthening and Streamlining Bank Capital Regulation

      By: Robin Greenwood, Samuel Gregory Hanson, Jeremy C. Stein and Adi Sunderam
      We propose three core principles that should inform the design of bank capital regulation. First, wherever possible, multiple constraints on the minimum level of equity capital should be consolidated into a single constraint. This helps to avoid a distortionary... View Details
      Keywords: Banks and Banking; Capital; Governing Rules, Regulations, and Reforms; Banking Industry
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      Greenwood, Robin, Samuel Gregory Hanson, Jeremy C. Stein, and Adi Sunderam. "Strengthening and Streamlining Bank Capital Regulation." Brookings Papers on Economic Activity (Fall 2017). (Internet Appendix Here.)
      • July 2017 (Revised November 2017)
      • Case

      'Clarín Lies!': Bias, Post-Truth, and Populism in Argentina's Media War

      By: Rafael Di Tella, Jose Liberti and Sarah McAra
      In 2012, Argentine media conglomerate Grupo Clarín and President Cristina Fernández de Kirchner were embroiled in what some called “the mother of all battles.” Grupo Clarín was one of the preeminent media companies in Argentina, with leading newspapers, cable... View Details
      Keywords: Media Regulation; Media; Government and Politics; Policy; Newspapers; Government Legislation; Business and Government Relations; Risk and Uncertainty; Monopoly; Journalism and News Industry; Media and Broadcasting Industry; Argentina
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      Di Tella, Rafael, Jose Liberti, and Sarah McAra. "'Clarín Lies!': Bias, Post-Truth, and Populism in Argentina's Media War." Harvard Business School Case 718-008, July 2017. (Revised November 2017.)
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