Publications
Publications
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(3,739)
- Faculty Publications (955)
- March 2023 (Revised March 2024)
- Case
The Purdue Pharma Bankruptcy: Settling the Opioid Crisis
By: Kristin Mugford, Carin-Isabel Knoop and Susan Pinckney
How to get to a fair outcome for claimants in the Purdue Pharma bankruptcy given its significant role in the U.S. opioid crisis. View Details
Keywords: Regulation; Ethics; Fairness; Insolvency and Bankruptcy; Government Legislation; Courts and Trials; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Crime and Corruption; Negotiation Offer; Negotiation Participants; Negotiation Style; Product Design; Product Development; Brands and Branding; Marketing Strategy; Trust; Government and Politics; Law; Negotiation; Operations; Ownership; Marketing; Social Psychology; Health Care and Treatment; Pharmaceutical Industry; United States
- March 2023
- Article
Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits
By: Elisabeth Kempf and Oliver Spalt
This paper provides novel evidence suggesting that securities class action lawsuits, a central pillar of the U.S. litigation and corporate governance system, can constitute an obstacle to valuable corporate innovation. We first establish that valuable innovation output... View Details
- 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
In many... View Details
Keywords: Antitrust; Antitrust Law; Antitrust Theory; Law And Economics; Collusion; Collaboration; Collaborative Industries; Regulation; ＂Repeated Games＂; IPOs; Initial Public Offerings; Underwriters; Real Estate; Real Estate Agents; Realtors; Syndicated Markets; Syndication; Brokers; Market Concentration; Competition; Law; Economics; Collaborative Innovation and Invention; Governing Rules, Regulations, and Reforms; Game Theory; Initial Public Offering
- February 2023 (Revised February 2024)
- Case
Doing Business in Bangkok, Thailand
By: Leonard A. Schlesinger and Billy Chan
Known as the “land of smiles” and the “Detroit of the East,” Thailand, with its geographical location at the heart of Asia, has attracted visitors and businesses from all over the world. This case serves as a guide that provides an overview of the history, political... View Details
- January 2023
- Article
Racial Diversity and Racial Policy Preferences: The Great Migration and Civil Rights
By: Alvaro Calderon, Vasiliki Fouka and Marco Tabellini
Between 1940 and 1970, more than 4 million African Americans moved from the South to the North of the United States, during the Second Great Migration. This same period witnessed the struggle and eventual success of the civil rights movement in ending institutionalized... View Details
Keywords: Civil Rights; Great Migration; History; Race; Rights; Prejudice and Bias; Government Legislation
- 2023
- Working Paper
Too Many Managers: The Strategic Use of Titles to Avoid Overtime Payments
By: Lauren Cohen, Umit Gurun and N. Bugra Ozel
We find widespread evidence of firms appearing to avoid paying overtime wages by exploiting a
federal law that allows them to do so for employees termed as “managers” and paid a salary above a
pre-defined dollar threshold. We show that listings for salaried positions... View Details
- 2022
- Working Paper
Credit and the Family: The Economic Consequences of Closing the Credit Gap of U.S. Couples
By: Olivia S. Kim
Marital property rights strengthen secondary earners’ economic power by giving them access to credit markets. I study how this crucial yet understudied feature of property laws influences household decision-making. The 2013 reversal of the Truth-in-Lending Act... View Details
- December 2022 (Revised February 2023)
- Case
Daniel Defense: Responding to the Shooting at the Robb Elementary School in Uvalde, TX
By: Benjamin C. Esty and Daniel Fisher
At 11:33am on May 24, 2022, an 18-year-old man from Uvalde, Texas walked into the Robb Elementary School carrying a semi-automatic "AR-15-style” rifle manufactured by Daniel Defense and killed 19 children and two adults. Three days later, Representative Carolyn Maloney... View Details
Keywords: Gun Violence; Gun Policy; Second Amendment; Legal Liability; Government Legislation; Marketing Strategy; Business or Company Management; Product Marketing; Ethics; Corporate Accountability; Corporate Social Responsibility and Impact; Moral Sensibility; Crime and Corruption; Governing Rules, Regulations, and Reforms; Manufacturing Industry; Advertising Industry; United States
- December 2022 (Revised January 2023)
- Case
Cann: High Hopes for Cannabis Infused Beverages
By: Ayelet Israeli and Anne V. Wilson
Founded in 2018 by Jake Bullock and Luke Anderson, Cann sold “social tonics,” or cannabis-infused beverages. By 2022, the company had several notable celebrity investors and talent partners, had sold over 10 million beverages to consumers, was distributing in six... View Details
Keywords: Stigma; Product Innovation; Product Introduction; Product Differentiation; New Products; New Product Marketing; New Product Management; Brand Management; Branding; Packaging; Positioning; Growth Strategy And Execution; Growth; Cannabis Industry; Purpose; Purpose Brands; LGBTQ; Direct-to-consumer; DTC; Regulations; Channels Of Distribution; Product Development; Product Marketing; Product Positioning; Product; Innovation and Invention; Brands and Branding; Marketing; Marketing Communications; Marketing Channels; Advertising; Advertising Campaigns; Digital Marketing; Market Entry and Exit; Governing Rules, Regulations, and Reforms; Food and Beverage Industry; Food and Beverage Industry; United States; Canada; North America
- 2022
- Article
Before Plagiarism: Lawyers and Copynorms in Europe, 1300–1600
By: Robert Fredona and Sophus A. Reinert
This essay uses the concept of 'copynorms', social norms about copying expressive works that can be distinct from legal norms about the same, in order to understand the meaning of intellectual property among Roman law and canon law jurists from the fourteenth through... View Details
- December 2022
- Article
Competition, Contracts, and Creativity: Evidence from Novel Writing in a Platform Market
By: Yanhui Wu and Feng Zhu
A growing number of people today are participating in the gig economy, working as independent contractors on short-term projects. We study the effects of competition on gig workers' effort and creativity on a Chinese novel-writing platform. Authors produce and sell... View Details
- 2022
- Article
Pills in a World of Activism and ESG
By: Guhan Subramanian and Caley Petrucci
Easterbrook and Fischel’s The Economic Structure of Corporate Law advances their now famous passivity thesis, which posits that managers should remain passive in the face of an unsolicited tender offer for the company’s shares. Consistent with the broader... View Details
- November 2022
- Case
Wendy Estrella: Scaling Multiple Businesses
By: Jeffrey J. Bussgang and Sarah Mehta
Entrepreneur Wendy Estrella, a self-made, Latina millionaire based in Lawrence, Massachusetts, is attempting to simultaneously scale her law practice as well as her property management and development company. What path should she take for each and can she do it all,... View Details
- November 11, 2022
- Editorial
Finally Companies Have to Be Upfront about Job Pay Ranges
The significance of pay transparency laws is their role in moving American workplaces away from bias and closer to equal opportunity. View Details
Keywords: Pay; Salary; Pay Gap; Transparency; Wages; Compensation and Benefits; Recruitment; Equality and Inequality
- October 2022 (Revised September 2023)
- Case
SolarWinds Confronts SUNBURST (A)
On December 12, 2020, SolarWinds learned that malware had been inserted in its software, potentially granting hackers access to thousands and thousands of its 300,000 customers. General Counsel Jason Bliss needed to orchestrate the company response without knowing how... View Details
- October 2022 (Revised September 2023)
- Supplement
SolarWinds Confronts SUNBURST (B)
Supplements the (A) case, describing actions taken by SolarWinds as well as by regulatory agencies in the aftermath of the immediate crisis. The case also includes reflections by SolarWinds managers on the choices they made with respect to disclosure, media relations,... View Details
- October 17, 2022
- Article
When Climate Collaboration Is Treated as an Antitrust Violation
By: Matteo Gasparini, Knut Haanaes and Peter Tufano
Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,... View Details
- September 2022 (Revised November 2022)
- Case
The Uyghur Forced Labor Prevention Act: Trade and Genocide in U.S.-China Relations
By: Jeremy Friedman and David Lane
On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, requiring companies to prove that goods imported from the People’s Republic of China were not made with forced labor. The bill was a reaction to reports of products being made with... View Details
Keywords: Ethics; Multinational Firms and Management; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Government Legislation; International Relations; Labor; Wages; Law Enforcement; Law; Rights; Operations; Supply Chain Management; Business and Government Relations; Agriculture and Agribusiness Industry; Agriculture and Agribusiness Industry; Agriculture and Agribusiness Industry; China; United States
- 2022
- Book
Corporate Criminal Investigations and Prosecutions
By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and... View Details