Publications

2000
Working Paper

The Logic of the First Amendment

By: Clifford G. Holderness, Michael C. Jensen and William H. Meckling

We develop a framework that is applicable to all freedom of expression disputes. Our framework is based on the meaning of freedom which is based on the meaning of scarcity, and which, in turn, is based on the existence of physical incompatibilities. To maximize... View Details

Keywords: Rights; Courts and Trials; Judgments; Property; Conflict and Resolution; United States

SSRN

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February 1979 (Revised December 1983)
Case

Allied Chemical Corp. (A)

By: George C. Lodge and Joseph L. Badaracco Jr.

Describes Allied, the chemical industry, and the effects of the Kepone problem (a toxic pesticide dumped into the James River) as of 1976. The executive in the case must decide whether the company should support the passage of the Toxic Substances Control Act and an... View Details

Keywords: Pollutants; Corporate Social Responsibility and Impact; Decision Making; Laws and Statutes; Welfare; Legal Liability; Business and Government Relations; Chemical Industry

01 Sep 2009
News

Consumer Finance Makes HBS Debut

Harvard Law School professor Howell Jackson (MBA 1980), the elective course attracted 52 students, with one-third coming from the Law School. Tufano recently talked about the course and his determination to... View Details

Keywords: Roger Thompson; Colleges, Universities, and Professional Schools; Educational Services; Finance

Matthew Reardon

Matthew Reardon is a partner in the firm’s Business Law department and a member of the Technology M&A practice. Matt represents the companies, firms, and institutions that power innovation in the technology and life sciences industries,... View Details

Keywords: Legal

02 Oct 2000
What Do You Think?

What Lies Beyond NAFTA?

Summing Up One of the defining issues in the 1992 U.S. presidential election, NAFTA, has fallen off the radar in the current campaign. This suggests either that many in the U.S. have lost interest in it or, more likely, the subset who visit the HBS Working Knowledge... View Details

Keywords: by James Heskett

10 Jul 2000
Research & Ideas

The State of the Markets

Worldwide financial markets are in a period of extraordinary change, as they gear up for more and more volume, work out an assortment of mergers and consolidations, contemplate the reality of 24-hour global trading, adopt new advances in security, and continue to... View Details

Keywords: by James E. Aisner

August 22, 1998
Article

The New Moral Contract

By: Sumantra Ghoshal and Christopher Bartlett

Keywords: Moral Sensibility; Contracts

Article

Bilateral Contracts

By: Jerry R. Green and Seppo Honkapohja

A mathematical characterization of self-enforcing bilateral contracts is given. Contracts where both parties exercise some control over the quantity traded can sometimes be superior to contracts that rest control entirely with one side. Some qualitative characteristics... View Details

Keywords: Contracts; Mathematical Methods

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September 2018 (Revised November 2018)
Case

An Innovative Anti-bribery Commitment?

By: Eugene Soltes

Reebonz, an online luxury goods platform based in Singapore that operates across the Asia-Pacific region, offers its investors the opportunity to redeem shares if either the firm or its founder are investigated by the U.S. or U.K governments with regard to complying... View Details

Keywords: Foreign Corrupt Practices Act; United Kingdom Bribery Act; Law; Leadership; Moral Sensibility; Financial Services Industry; Technology Industry; United States; United Kingdom; Asia

October 2007 (Revised March 2009)
Background Note

Structuring Real Estate Deals: An Investor's Perspective

By: Arthur I Segel

Addresses the following questions: What are the portfolio-level implications? What are the asset-level characteristics? How do I invest? With whom do I invest? What do I get for my investment? What protections do I have? When and how do I get out? View Details

Keywords: Property; Negotiation; Contracts; Real Estate Industry

1981
Article

Insecure Contracts and Resource Development

By: James K. Sebenius and David Lax

Keywords: Contracts; Growth and Development

December 1994 (Revised September 1996)
Case

Cementownia Odra (A)

The Polish government is privatizing Cementownia Odra, a cement firm. Tomasz Budziak, a team leader, is negotiating on behalf of the Polish Ministry of Privatization. Hans-Hugo Miebach, owner of a German cement company, has made an attractive offer; a deal hinges on... View Details

Keywords: Contracts; Negotiation; Privatization; Construction Industry; Germany; Poland

2002
Other Unpublished Work

Legal Management: The Case for a Managed Model for the Delivery of Legal Services

By: Ethan S. Bernstein

This essay takes a brief look at the innovations in the delivery of legal services made due to the expansion of the pre-paid sector and uses those changes in the power dynamics of the industry to make a compelling case for a more widespread, managed model. The managed... View Details

Keywords: Management; Law; Service Delivery; Legal Services Industry; United States

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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

SSRN

1987
Chapter

Amnesty, Enforcement, and Tax Policy

By: Dutch Leonard and Richard J. Zeckhauser

Keywords: Taxation; Policy; Law Enforcement

August 2011 (Revised September 2011)
Background Note

U.S. Universities and Technology Transfer

By: Richard G. Hamermesh, Josh Lerner and Phillip Andrews

Technology transfer from U.S. universities to industry has increased dramatically in the last 25 years. Reviews the history of technology transfer with particular emphasis on the Bayh-Dole Act of 1980. It then examines how universities responded to Bayh-Dole, the... View Details

Keywords: Higher Education; Information Technology; Laws and Statutes; Education Industry; Technology Industry; United States

January 2002
Background Note

Telecommunications Act of 1996, The

By: Thomas R. Eisenmann and Daniel J. Green

Reed Hundt, former chairman of the Federal Communications Commission, reflects on the passage and implementation of the Telecommunications Act of 1996. The act was intended to stimulate competition and innovation in the telecommunications sector. Its provisions were of... View Details

Keywords: Laws and Statutes; Policy; Business Strategy; Telecommunications Industry; United States