Publications

2004
Working Paper

Regulation and Reaction: The Other Side of Free Banking in Antebellum New York

By: David A. Moss and Sarah Brennan

Free banking, which first appeared in the United States in the late 1830s, comprised two essential features: general incorporation for banks and rigorous security requirements for note issue. Because the general incorporation feature is what allowed free entry, it has... View Details

Keywords: History; Law; Competition; Financial Liquidity; Money; Market Entry and Exit; Financing and Loans; Banks and Banking; Banking Industry

January 2005
Case

Managing Failure: American Bankruptcy Law at a Crossroads

By: David A. Moss, Mary Oey and Jonathan Lackow

Introduces the core principles and challenges of bankruptcy law (both individual and corporate) against the backdrop of the early 1970s, when the U.S. bankruptcy system appeared to be failing. With personal bankruptcy filings at record levels and successful corporate... View Details

Keywords: Change; Insolvency and Bankruptcy; Policy; Government Legislation; United States

Educators

September 1991 (Revised August 1994)
Background Note

Note on Pharmaceutical Industry Regulation

By: Willis M. Emmons III

Traces the evolution of U.S. regulatory policy towards the pharmaceutical industry over the course of the twentieth century. A major theme is the steady shift away from a policy of 'let the buyer beware' to the creation of a complex and time-consuming review process,... View Details

Keywords: Safety; Industry Growth; Marketing; Research and Development; Health Testing and Trials; Economics; Pharmaceutical Industry; United States

May 2008
Article

Regulation and Bonding: The Sarbanes-Oxley Act and the Flow of International Listings

By: Suraj Srinivasan and Joseph Piotroski

In this paper, we examine the economic impact of the Sarbanes-Oxley Act (SOX) by analyzing foreign listing behavior onto U.S. and U.K. stock exchanges before and after the enactment of the Act in 2002. Using a sample of all listing events onto U.S. and U.K. exchanges... View Details

Keywords: Decision Choices and Conditions; Stocks; Government Legislation; Market Transactions; Motivation and Incentives; United Kingdom; United States

SSRN

Aug 2011 - 2011
Conference Presentation

Innovation and Regulative Ambiguities in the U.S. Geothermal Power Sector

By: Shon R. Hiatt

Keywords: Governing Rules, Regulations, and Reforms; Innovation and Invention; United States

2010
Working Paper

A Behavioral Model of Demandable Deposits and Its Implications for Financial Regulation

By: Julio J. Rotemberg

A model is developed that rationalizes contracts that give depositors the right to obtain funds on demand even when depositors intend to use these funds for consumption in the future. This is explained by depositor overoptimism regarding their own ability to collect... View Details

Keywords: Banks and Banking; Insurance; Governing Rules, Regulations, and Reforms; Policy; Consumer Behavior; Financial Services Industry

Fall 2024
Article

Redemption Mechanisms in Poison Pills: Evidence on Pill Design and Law Firm Effects

By: Olivier Baum and Guhan Subramanian

We present the first evidence on the incidence of “trip wire” versus “last look” poison pills. Using a hand-collected data set of 130 poison pills implemented and/or amended between January 1, 2020 and March 31, 2023, we find that pills are almost evenly divided... View Details

Keywords: Acquisition; Negotiation Tactics; Contracts

Register to Read

June 1999
Background Note

Competition Between the Professions: Law Firms vs. Accounting Firms

By: Ashish Nanda

Discusses the emerging competition between law firms and accounting firms. View Details

Keywords: Business Ventures; Competition; Legal Services Industry; Accounting Industry

May 30, 2012
Blog Post

Government Regulation That Actually Works

By: David I. Levine and Michael W. Toffel

September 1991
Article

A Theory of Workouts and the Effects of Reorganization Law

By: David S. Scharfstein and Robert Gertner

05 Jul 2006
Working Paper Summaries

Deep Links: Business School Students’ Perceptions of the Role of Law and Ethics in Business

Keywords: by Constance E. Bagley, Gavin Clarkson & Rachel Power; Legal Services

2011
Other Unpublished Work

Innovation and Regulative Ambiguities in the U.S. Geothermal Power Sector

By: Shon R. Hiatt

While prior institutional research has focused on institutional ambiguity as an exogenous condition under which organizations exercise agency, this study examines the state's exercise of agency in making legal institutions more or less ambiguous and its impact on... View Details

Keywords: Entrepreneurship; Policy; Energy Sources; Innovation and Invention; Energy Industry; United States

February 2015
Article

What Courses Should Law Students Take?: Lessons from Harvard's Big Law Survey

By: John C. Coates, Jesse M. Fried and Kathryn E. Spier

June 2004 (Revised April 2005)
Background Note

Environmental Law in Real Estate Transactions

By: Arthur I Segel, Jeff Mandelbaum and Armen Panossian

Summarizes several of the major federal environmental statutes, most notably the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund"). Also discusses several state and local regulations. View Details

Keywords: Environmental Sustainability; Laws and Statutes; Real Estate Industry

Educators

Article

The Computer as Mediator: Law of the Sea and Beyond

By: James K. Sebenius

Keywords: Negotiation; Technology

2003
Article

Radio Regulation Revisited: Coase, the FCC, and the Public Interest

By: David A. Moss and Michael R. Fein

Keywords: Governing Rules, Regulations, and Reforms; Media; Media and Broadcasting Industry

2001
Other Unpublished Work

'Pure Accidents' and the Evolving Bias of American Liability Law

By: David Moss and Michael Fein

Keywords: Legal Liability; Prejudice and Bias; United States

February 9, 2015
Article

Uber Needs Our Permission to Grow

By: Derek C. M. van Bever

And it's realizing that now. View Details

Keywords: Business Law; Growth Strategy; Regulation; Law; Disruptive Innovation; Growth and Development Strategy; Transportation Industry; Service Industry

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August 2018
Article

An Introduction to the Competition Law and Economics of 'Free'

By: Benjamin Edelman and Damien Geradin

Many of the largest and most successful businesses today rely on providing services at no charge to at least a portion of their users. For consumers, it is easy to celebrate free service. At least in the short term, free services are often high quality, and users find... View Details

Keywords: Cost; Quality; Competition; Economics