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- 2014
- Article
Why Was Boston Strong?: Law Enforcement Lessons from the Boston Marathon Bombing
By: Dutch Leonard, Christine M. Cole and Arnold M. Howitt
On April 15, 2013, at 2:49 pm, an improvised explosive device (IED) detonated near the finish line of the Boston Marathon. Three people died, and more than 260 others needed hospital care, many having lost limbs or suffered horrific wounds. Those explosions began about... View Details
Keywords: Boston Marathon Bombing; Disaster Response; Emergency Management; Crisis Management; Law Enforcement
Leonard, Dutch, Christine M. Cole, and Arnold M. Howitt. "Why Was Boston Strong? Law Enforcement Lessons from the Boston Marathon Bombing." Gazette (Royal Canadian Mounted Police) 76, no. 4 (2014): 14–16.
- 2021
- Government Testimony
How Health Care Consolidation Is Contributing to Higher Prices and Spending, and Reforms That Could Bolster Antitrust Enforcement and Preserve and Promote Competition in Health Care Markets
By: Leemore S. Dafny
Reforms to antitrust law and enforcement can help to address rising healthcare prices and spending. View Details
Keywords: Antitrust Law; Health Care and Treatment; Consolidation; Price; Spending; Cost Management; Governing Rules, Regulations, and Reforms; Competition; United States
Dafny, Leemore S. "How Health Care Consolidation Is Contributing to Higher Prices and Spending, and Reforms That Could Bolster Antitrust Enforcement and Preserve and Promote Competition in Health Care Markets." Government Testimony, Washington, DC, United States, April 2021.
- Article
Bargaining with Imperfect Enforcement
By: Lucy White and Mark Williams
The game-theoretic bargaining literature insists on non-cooperative bargaining procedure but allows 'cooperative' implementation of agreements. The effect of this is to allow free-reign of bargaining power with no check upon it. In reality, courts cannot... View Details
Keywords: Agreements and Arrangements; Body of Literature; Contracts; Motivation and Incentives; Code Law; Game Theory
White, Lucy, and Mark Williams. "Bargaining with Imperfect Enforcement." RAND Journal of Economics 40, no. 2 (Summer 2009).
- 2019
- Working Paper
U.S. Antitrust Law and Policy in Historical Perspective
By: Laura Phillips Sawyer
The key pieces of antitrust legislation in the United States—the Sherman Antitrust Act of 1890 and the Clayton Act of 1914—contain broad language that has afforded the courts wide latitude in interpreting and enforcing the law. This article chronicles the judiciary’s... View Details
Keywords: Antitrust; Trusts; Restraint Of Trade; Merger; Cartel; New Deal; Harvard School; Chicago School Of Law And Economics; Post-Chicago; Law; Competition; Policy; Vertical Integration; Horizontal Integration; Acquisition
Phillips Sawyer, Laura. "U.S. Antitrust Law and Policy in Historical Perspective." Harvard Business School Working Paper, No. 19-110, May 2019. (Revised September 2019.)
- August 2008 (Revised May 2009)
- Background Note
International Enforcement of U.S. Patents
By: Robert C. Pozen and Jordan Hirsch
A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World Trade Organization. This note discusses the pros and... View Details
Pozen, Robert C., and Jordan Hirsch. "International Enforcement of U.S. Patents." Harvard Business School Background Note 309-022, August 2008. (Revised May 2009.)
- February 1987 (Revised August 1989)
- Background Note
United States Trade Law
By: David B. Yoffie
Examines the manner in which U.S. trade law and policy has evolved, with emphasis on trade in manufactured goods and services as well as the relationship between the executive and the legislature. The structure and content of U.S. trade law is discussed including a... View Details
Keywords: Trade; Machinery and Machining; Policy; Law Enforcement; Outcome or Result; Business and Government Relations; United States
Yoffie, David B. "United States Trade Law." Harvard Business School Background Note 387-137, February 1987. (Revised August 1989.)
- December 2024
- Article
Is There Too Little Antitrust Enforcement in the U.S. Hospital Sector?
By: Zarek Brot-Goldberg, Zack Cooper, Stuart Craig and Lev Klarnet
From 2002 to 2020, there were over 1,000 mergers of U.S. hospitals. During this period, the Federal Trade Commission (FTC) took enforcement actions against 13 transactions. However, using the FTC’s standard screening tools, we find that 20% of these mergers could have... View Details
Keywords: Monopoly; Mergers and Acquisitions; Governing Rules, Regulations, and Reforms; Competition; Health Industry
Brot-Goldberg, Zarek, Zack Cooper, Stuart Craig, and Lev Klarnet. "Is There Too Little Antitrust Enforcement in the U.S. Hospital Sector?" American Economic Review: Insights 6, no. 4 (December 2024): 526–542.
- July 2010
- Background Note
Remedies for Patent Infringement under U.S. Law
By: Lena G. Goldberg and Chad Carr
Under the U.S. Patent Act, a patent owner has a statutory right to exclude others from engaging in the unauthorized production, use, sale, or importation of a patented invention. This note examines how that right is enforced and what remedies a patent owner has when... View Details
Goldberg, Lena G., and Chad Carr. "Remedies for Patent Infringement under U.S. Law." Harvard Business School Background Note 311-020, July 2010.
- fall 2010
- Article
Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America
By: Faisal Z. Ahmed, Laura Alfaro and Noel Maurer
The re-occurring phenomenon of sovereign default has prompted an enormous theoretical and empirical literature. Most of this research has focused on why countries ever chose to pay their debts (or why private creditors ever expected repayment). The problem originates... View Details
Keywords: Lawsuits and Litigation; Insolvency and Bankruptcy; Sovereign Finance; Borrowing and Debt; Debt Securities; Motivation and Incentives; Markets; Equity; Banking Industry; Latin America
Ahmed, Faisal Z., Laura Alfaro, and Noel Maurer. "Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America." Law and Contemporary Problems 73, no. 4 (fall 2010): 39–46.
- 12 Dec 2005
- Research & Ideas
Using the Law to Strategic Advantage
Most managers think the legal department is that office down the hall where they go to keep out of trouble or write a binding patent agreement. And that's shortsighted, says Harvard Business School professor Constance Bagley. A company that makes proactive use of the... View Details
- January 2014
- Article
Randomized Tax Enforcement Messages: A Policy Tool for Improving Audit Strategies
By: Dina Pomeranz, Cristobal Marshall and Pamela Castellon
Reducing tax evasion is a key challenge for governments around the world, particularly in developing countries. This paper presents a methodology to generate information to optimize audit strategies. Randomly selected taxpayers receive a deterrence message. Comparing... View Details
Pomeranz, Dina, Cristobal Marshall, and Pamela Castellon. "Randomized Tax Enforcement Messages: A Policy Tool for Improving Audit Strategies." Tax Administration Review, no. 36 (January 2014): 1–21.
- Article
Does Legal Enforcement Affect Financial Transactions?: The Contractual Channel in Private Equity
By: Josh Lerner and Antoinette Schoar
Lerner, Josh, and Antoinette Schoar. "Does Legal Enforcement Affect Financial Transactions?: The Contractual Channel in Private Equity." Quarterly Journal of Economics 120, no. 1 (February 2005): 223–246. (Earlier version distributed as National Bureau of Economic Research Working Paper No. 10348.)
- Article
The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature
By: Josh Lerner and Jenny Lanjouw
Lerner, Josh, and Jenny Lanjouw. "The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature." Special Issue on The Economics and Econometrics of Innovation. Annales d'économie et de statistique, nos. 49-50 (January–June 1998): 223–246.
- December 2001
- Article
Enforcing Property Rights Through Reputation: Groups in Mexico's Early Industrialization, 1878-1913
By: Noel Maurer and Tridib Sharma
Keywords: History; Rights; Groups and Teams; Reputation; Property; Developing Countries and Economies; Mexico
Maurer, Noel, and Tridib Sharma. "Enforcing Property Rights Through Reputation: Groups in Mexico's Early Industrialization, 1878-1913." Journal of Economic History 61, no. 4 (December 2001): 950–973.
- May 2015
- Article
Admitting Mistakes: Home Country Effect on the Reliability of Restatement Reporting
By: Suraj Srinivasan, Aida Sijamic Wahid and Gwen Yu
We study the frequency of restatements by foreign firms listed on U.S. exchanges. We find that the restatement rate of U.S. listed foreign firms is significantly lower than that of comparable U.S. firms and that the difference depends on the firm's home country... View Details
Keywords: Accounting Restatements; Home Country Enforcement; Earnings Management; Globalized Firms and Management; Law; Financial Reporting; Financial Markets; Cross-Cultural and Cross-Border Issues
Srinivasan, Suraj, Aida Sijamic Wahid, and Gwen Yu. "Admitting Mistakes: Home Country Effect on the Reliability of Restatement Reporting." Accounting Review 90, no. 3 (May 2015): 1201–1240.
- 2017
- Working Paper
The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror
By: Trung Nguyen
This paper studies the deterrent effect of criminal enforcement on white-collar criminal activities. Using the 9/11 terrorist attacks as a shock to the FBI’s allocation of investigative resources and priorities, and variations in the Muslim population in the United... View Details
Keywords: Regulation; Fraud; White-collar Crime; Enforcement; Crime and Corruption; Law Enforcement; System Shocks
Nguyen, Trung. "The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror." Working Paper.
- 10 Oct 2023
- Research & Ideas
In Empowering Black Voters, Did a Landmark Law Stir White Angst?
One way may be to develop messaging that makes clear that laws enforcing Constitutional rights for one disenfranchised group don’t take away from those who have been able to exercise them all along. “Perhaps... View Details
Keywords: by Rachel Layne
- March 2008
- Article
Can Civil Law Countries Get Good Institutions? Lessons from the History of Creditor Rights and Bond Markets in Brazil
By: Aldo Musacchio
Does a legal tradition adopted in the distant past constrain a country's ability to provide the protection that investors need for financial markets to develop? This paper contributes to the literature that studies the connection between law and finance by looking at... View Details
Musacchio, Aldo. "Can Civil Law Countries Get Good Institutions? Lessons from the History of Creditor Rights and Bond Markets in Brazil." Journal of Economic History 68, no. 1 (March 2008): 80–108. (***Winner of the Arthur H. Cole Prize for best paper in the Journal of Economic History, 2007-2008***.)
- August 2017
- Case
'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)
By: Lena G. Goldberg and Danielle V. Holland
The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details
Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts
Goldberg, Lena G., and Danielle V. Holland. "'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)." Harvard Business School Case 318-026, August 2017.
- 2018
- Working Paper
It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading
By: Trung Nguyen and Quoc H. Nguyen
We use hand-collected data from SEC’s litigation releases for insider trading violations to examine the effect of geographic distance on its enforcement activities and insider trading activities. First, we find that the SEC is more likely to investigate companies that... View Details
Keywords: SEC; Enforcement; Financial Misconduct; Insider Trading; Geographic Proximity; Governance Compliance; Law Enforcement; Geographic Location; Finance; Crime and Corruption
Nguyen, Trung, and Quoc H. Nguyen. "It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading." Working Paper.