Publications

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April 2017 (Revised March 2024)
Case

Making Target the Target: Boycotts and Corporate Political Activity

By: Nien-hê Hsieh and Victor Wu

Through the challenges facing Target, the case examines ways in which corporations can become involved in political and legislative debates and processes, ranging from campaign contributions to lobbying to political activism. In 2016, Target CEO Brian Cornell must... View Details

April 2017
Article

The Responsibilities and Role of Business in Relation to Society: Back to Basics?

By: Nien-he Hsieh

In this address, I outline a back-to-basics approach to specifying the responsibilities and role of business in relation to society. Three “basics” comprise the approach. The first is arguing that basic principles of ordinary morality, such as a duty not to harm,... View Details

Keywords: Business And Society; Corporate Responsibility; Harm; Human Rights; Institutions; Pareto Efficiency; Corporate Social Responsibility and Impact; Moral Sensibility; Society; Rights

March 2017 (Revised December 2017)
Case

The Ready-Made Garment Industry: A Bangladeshi Perspective (A)

By: Nien-hê Hsieh and Saloni Chaturvedi

Responsibility for working conditions in contract factories within the supply chain presents an ongoing challenge for managers and an area of debate. Much of the debate approaches the challenge from the perspective of large global apparel brands. This case helps... View Details

Keywords: Apparel; Bangladesh; Corporate Responsibility; Human Rights; Supply Chains; Labor; Working Conditions; Supply Chain; Safety; Rights; Corporate Social Responsibility and Impact; Apparel and Accessories Industry; Bangladesh

March 2017 (Revised June 2019)
Case

CEO Activism (A)

By: Michael W. Toffel, Aaron K. Chatterji and Julia Kelley

This case introduces CEO activism, a phenomenon in which business leaders engage in political or social issues that do not relate directly to their companies. The case uses several examples to describe why business leaders are engaging in CEO activism and the potential... View Details

March 2017 (Revised April 2021)
Module Note

Responsibilities to Society

By: Nien-hê Hsieh

This module note for students outlines an approach to help managers deliver on their responsibilities in relation to society. The approach frames these responsibilities in terms of potential harms to third parties beyond investors, customers, and employees. The... View Details

Keywords: Corporate Political Activity; Corporate Social Responsibility; Human Rights; Role Of Business In Society; Corporate Social Responsibility and Impact; Ethics; Business and Community Relations; Rights; Society

2016
Working Paper

Who Pays for White-Collar Crime?

By: Paul Healy and George Serafeim

Using a proprietary dataset of 667 companies around the world that experienced white-collar crime, we investigate what drives punishment of perpetrators of crime. We find a significantly lower propensity to punish crime in our sample, where most crimes are not reported... View Details

Keywords: Crime; Gender Bias; Women; Women Executives; Corruption; Legal Aspects Of Business; Firing; Human Capital; Human Resource Management; Prejudice and Bias; Crime and Corruption; Judgments; Law Enforcement; Human Resources; Corporate Governance; Gender

SSRN

April 3, 2016
Guest Column

The Power of C.E.O. Activism: How Politically Outspoken Executives Sway Public (and Consumer) Opinion

By: Aaron K. Chatterji and Michael W. Toffel

Some CEOs are making news by taking public stances on controversial social issues largely unrelated to their core business. This article summarizes the insights from our research paper that shows that such "CEO activism" can influence public opinion and consumer... View Details

Working Paper

Covenant-Light Contracts and Creditor Coordination

By: Bo Becker and Victoria Ivashina

In 2015, 70% of newly issued leveraged loans had weaker enforcement features, called covenant-light or "cov-lite"; this is nearly a three-time increase in cov-lite issuance compared to a previous peak in 2007. We evaluate whether this development can be attributed to... View Details

Keywords: Credit Cycles; Loan Contracts; Debt Covenants; Contracts; Financing and Loans; Credit; Borrowing and Debt

SSRN

February 2016 (Revised February 2018)
Case

The Battle over the Initiative and Referendum in Massachusetts (1918)

By: David Moss and Dean Grodzins

On Election Day in 1918, Massachusetts voters would have to decide not only on their preferred candidates for governor and U.S. Senator, but also whether or not to approve 19 proposed amendments to the state constitution. By far the most controversial of these would... View Details

Keywords: Political Elections; Government Legislation; Power and Influence; History; Massachusetts

January 2016 (Revised February 2016)
Case

Citizens United and Corporate Speech

By: David Moss and Marc Campasano

The story of Citizens United began in late 2007, as leading members of the Republican and Democratic parties were preparing for the 2008 presidential primaries. Democrats expected a three-way contest in their party between Senator Barack Obama of Illinois, Senator (and... View Details

Keywords: Rights; Internet and the Web; Political Elections; Lawsuits and Litigation; Business and Government Relations

2015
Case

Advanced Leadership Pathways: Paul Lee and Asian Americans Advancing Justice

By: Rosabeth Moss Kanter, Frank Jerome LaNasa and Ai-Ling Jamila Malone

Paul Lee and Asian Americans Advancing Justice 2013 AL Fellow, 2014 Senior AL Fellow
Two years after the formation of the Asian Americans Advancing Justice (AAAJ), a national affiliation of four independent Asian American civil rights groups, Paul Lee, who... View Details

Keywords: Leadership Skills; Asian; Asian Americans; Asian Americans Advancing Justice; Civil Rights; Asian Law Caucus; Asian Pacific American Legal Center; Asian American Institute; Asian American Justice Center; Immigration Issues; Immigration Reform; Affirmative Action; Coalition; Asian American Activism; Japanese; Chinese; Korean; Indian; Pakistani; Hmong; Cambodian; Laotians; Filipino; Vietnamese; Pacific Islanders; Ethnic Group; Model Minority; Anti-asian Prejudice; Pan-asian; Discrimination; Immigrants; Immigration Acts; Alien Land Laws; Sei Fujii; Naturalize; Interracial; Immigration And Nationality Act Of 1965; Refugees; War; Warfare; Vincent Chin; Bigotry; Chinatown; Boston; Social Impact; Asian American Lawyers Association; National Asian Pacific Bar Association; Asian Community Development Corporation; Asian Task Force Against Domestic Violence; Southeast Asia; Mee Moua; Change Management; Demographics; Prejudice and Bias; Rights; Immigration; Leadership; Problems and Challenges; Society; North and Central America

Summer 2015
Article

The Effect of Delaware Doctrine on Freezeout Structure and Outcomes: Evidence on the Unified Approach

By: Fernan Restrepo and Guhan Subramanian

Historically, Delaware corporate law provided different standards of judicial review for buyouts by controlling shareholders (also known as "freezeouts") based on what transactional form was used: deferential business judgment review for freezeouts executed as tender... View Details

Keywords: Laws and Statutes; Business and Shareholder Relations; Delaware

Article

Should Business Have Human Rights Obligations?

By: Nien-he Hsieh

Businesses and their managers are increasingly called upon to take on human rights obligations. Focusing on the case of multinational enterprises (MNEs), the paper argues we have reason to reject assigning human rights obligations to business enterprises and their... View Details

Keywords: Human Rights; Ruggie Principles; Corporate Responsibility; Multinationals; Rights; Multinational Firms and Management; Corporate Social Responsibility and Impact

March 2015 (Revised August 2020)
Case

Putting the Guiding Principles into Action: Human Rights at Barrick Gold (A)

By: Rebecca Henderson and Nien-he Hsieh

In 2010, Human Rights Watch, a well-regarded international NGO, approached Barrick Gold asserting that members of the company’s security force at the Porgera Gold Mine in Papua New Guinea had on multiple occasions raped women who were trespassing onto the mine’s waste... View Details

Keywords: Human Rights; Business And Society; Rights; Policy; Leading Change; Corporate Social Responsibility and Impact; Business and Government Relations

March 2015
Case

Clifford Chance: Women at Work

By: Boris Groysberg, Katherine Connolly and Stephanie Marton

It was October 2013, and global law firm Clifford Chance was coming under fire for the second time in less than a year for reputedly failing to provide a supportive work environment for its female associates. A memo entitled "Speaking Effectively" was just issued to... View Details

Keywords: Women; Law; Fairness; Employee Relationship Management; Retention; Human Capital; Organizational Culture; Performance Expectations; Work-Life Balance; Public Opinion; Problems and Challenges; Legal Services Industry; United States

January 2015
Article

Competing with Privacy

By: Ramon Casadesus-Masanell and Andres Hervas-Drane

We analyze the implications of consumer privacy for competition in the marketplace. We consider a market where firms set prices and disclosure levels for consumer information, and consumers observe both before deciding which firm to patronize and how much information... View Details

Keywords: Information Acquisition; Information Disclosure; Online Privacy; Privacy Regulation; Information; Rights; Internet and the Web; Competition; Internet and the Web; Corporate Disclosure; Ethics; Knowledge Acquisition

December 2014 (Revised April 2016)
Module Note

Responsibilities to Employees

By: Nien-he Hsieh

The note provides a framework to conceptualize managers' responsibilities to employees in relation to economic, legal and ethical considerations. The note frames the central ethical challenge for managers as exercising power in a fair manner. The fair exercise of power... View Details

Keywords: Leadership & Corporate Accountability; Legal Aspects Of Business; Responsibility; Ethics; Fairness; Employees; Decision Making; Leadership; Jobs and Positions; Labor; Law

October 2014
Case

CreditEase: Providing Credit and Financial Services for China's Underclass

By: Lena G. Goldberg, Paul Healy and Nancy Hua Dai

In 2013 Ning Tang, who in 2006 founded CreditEase as a broker of P2P loans to unbanked individuals and small businesses in China, confronts the challenges of rapid growth and expansion in a changing regulatory environment. CreditEase needs to develop technology to... View Details

Keywords: P2P Lending; HNW Products And Services; Business Growth; Business Start-ups; Government Regulation; Change Management; Credit; Microcredit; Banking; Innovation And Management; Developing Countries And Economies; Corporate Entrepreneurship; Social Entrepreneurship; Law; Financing and Loans; Change; China

2014
Article

Delaware's Choice

By: Guhan Subramanian

This article first documents the shift to annual elections of all directors at most U.S. corporations and argues that the alternative of "ineffective" staggered boards would have been more desirable, as a policy matter, but is now a missed opportunity. Using this... View Details

Keywords: Governing and Advisory Boards; Laws and Statutes; Policy; Delaware