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- March 2024 (Revised June 2024)
- Case
Governing OpenAI (A)
By: Lynn S. Paine, Suraj Srinivasan and Will Hurwitz
In late November 2023, OpenAI’s new board of directors took stock of the situation. The company, which sought to develop artificial general intelligence (AGI)—computer systems with capabilities exceeding human abilities—was looking to regain its footing after a chaotic... View Details
Keywords: Artificial Intelligence; Board Of Directors; Board Decisions; Board Dynamics; Corporate Boards; Governance Changes; Governance Structure; Leadership Change; Legal Aspects Of Business; Nonprofit Governance; Strategy And Execution; Technological Change; AI and Machine Learning; Corporate Governance; Leadership; Management; Mission and Purpose; Technological Innovation; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Resignation and Termination; Ethics; Nonprofit Organizations; Open Source Distribution; Partners and Partnerships; Technology Industry; San Francisco; United States
- 2023
- Book
The State and Capitalism in China
By: Meg Rithmire, Margaret M. Pearson and Kellee S. Tsai
This element explains China's political economic evolution from state socialist economy to a reform era state capitalism model to a more politicized, risk management approach we call "party-state capitalism." We emphasize the internal and external sources of perceived... View Details
- January 2021 (Revised October 2024)
- Case
Aptiv PLC Board of Directors (A)
By: Lynn S. Paine and Will Hurwitz
Aptiv’s board must decide whether a joint venture with an auto maker is the right next step in the company’s efforts to develop and commercialize a production-ready autonomous driving system. While many commentators believed that Aptiv’s self-driving technologies had... View Details
Keywords: Automotive Industry; Bankruptcy Reorganization; Board Of Directors; Board Committees; Board Decisions; Board Dynamics; Corporate Boards; Innovation And Strategy; Legal Aspects Of Business; Spin Off; Strategic Alliances; Strategic Change; Strategic Evolution; Supplier Relationships; Technological Change; Corporate Governance; Governing and Advisory Boards; Innovation Strategy; Going Public; Joint Ventures; Leadership; Restructuring; Technological Innovation; Transformation; Auto Industry; Europe; United States
- October 2020
- Article
Corporate Legal Structure and Bank Loan Spread
This study examines how a corporate legal structure may affect borrowing costs. Corporate legal structure refers to the legal fragmentation of a firm into multiple, separately incorporated entities. This fragmentation is bound to be a factor when lenders determine the... View Details
- July 2020
- Article
Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms
By: Rosemarie Monge and Nien-hê Hsieh
Business actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well enforced. This article argues that the... View Details
Keywords: Double Effect; Intention; Exploitation; Risk; Practical Ethics; Competition; Risk and Uncertainty; Ethics
- 2019
- Chapter
A Claim to Own Productive Property
By: Nien-hê Hsieh
BOOK ABSTRACT: The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit, and invest? Is being prohibited to run a business a human rights violation?... View Details
- March 2019
- Article
Antitrust as Speech Control
By: Hillary Greene and Dennis Yao
Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might... View Details
- February 2018
- Background Note
Patent Trolling
By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details
- 2016
- Working Paper
The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms
By: Anywhere Sikochi
I document the causal link between shareholder litigation risk and cross-listed firms’ information environment by exploiting a quasi-natural experiment in the form of a reduction in litigation risk resulting from the 2010 Supreme Court ruling in Morrison v. National... View Details
- 2015
- Comment
In the Shadow of the Crowd: A Comment on 'Valve's Way'
There are many ways to exercise authority. Perrow (1986), in his review of March and Simon's Organizations (1958), offers a threefold classification of the ways authority can be exercised in organizations: (1) direct, "fully obtrusive" controls such as giving orders... View Details
- June 2015
- Article
The Organization of Enterprise in Japan
By: Tom Nicholas
Recent research reveals that the joint stock corporation was not a superior form of business organization in many countries historically. In Japan, however, it played a more fundamental role. Between 1896 and 1939 joint stock enterprises accounted for 44 percent of... View Details
Keywords: Japan; Legal Form; Enterprise; Modernization; Business Organization; Entrepreneurship; Japan
- December 2014 (Revised March 2018)
- Case
John D. Rockefeller: The Richest Man in the World
By: Tom Nicholas and Vasiliki Fouka
By the late nineteenth century scale and managerial hierarchies had extended to several major industrial sectors of the U.S. economy. Although the precise mechanisms often varied, this process mainly involved horizontal integration, some form of legal or administrative... View Details
- 2014
- Article
The Governance of Social Enterprises: Mission Drift and Accountability Challenges in Hybrid Organizations
By: Alnoor Ebrahim, Julie Battilana and Johanna Mair
We examine the challenges of governance facing organizations that pursue a social mission through the use of market mechanisms. These hybrid organizations, often referred to as social enterprises, combine aspects of both charity and business at their core. In this... View Details
- June 2012
- Article
Meta-organization Design: Rethinking Design in Interorganizational and Community Contexts
By: Ranjay Gulati, P. Puranam and Michael Tushman
This article provides conceptual foundations for analyzing organizations comprising multiple legally autonomous entities, which we call meta-organizations. We assess the antecedents of the emergence of such collectives and the design choices they entail. The article... View Details
Keywords: Organizational Design
- June 2012
- Article
Meta-Organizational Design: Rethinking Design in Inter-Organizational and Community Contexts
By: Ranjay Gulati, Phanish Puranam and Michael Tushman
This paper provides conceptual foundations for analyzing organizations comprising multiple legally autonomous entities, which we call meta-organizations. We assess the antecedents of the emergence of such collectives and the design choices they entail. The paper... View Details
- 2010
- Working Paper
Lawful but Corrupt: Gaming and the Problem of Institutional Corruption in the Private Sector
This paper describes how the gaming of society's rules by corporations contributes to the problem of institutional corruption in the world of business. "Gaming" in its various forms involves the use of technically legal means to subvert the intent of society's rules in... View Details
- November 2010
- Technical Note
Technical Note: An Abridged History of the American Corporation
By: Rakesh Khurana, Andrew David Klaber and Eric Baldwin
This note examines the development of the corporate form in the United States from the eighteenth century to the present, focusing primarily on legal issues. It identifies several major trends in the history of the American corporation: the transition of corporations... View Details
- October 2010 (Revised June 2021)
- Case
Bessemer Trust: Guardians of Capital
By: Tom Nicholas and David Chen
Henry Phipps, Jr. made his fortune in the steel industry alongside one of America's most celebrated entrepreneurs—Andrew Carnegie. His wealth was administered in the form of trusts, which he hoped would provide a stream of income for his family and their descendants... View Details
Keywords: Wealth; Asset Management; Family Business; Business History; Income; Entrepreneurship; Capital; United States
- 2010
- Chapter
Business Groups in Historical Perspectives
By: Geoffrey Jones and Asli M. Colpan
Business groups-collections of legally independent firms interconnected by multiple economic and social linkages that exhibit widely diversified product portfolios-are viewed as the prototypical large-enterprise form in contemporary emerging economies. By exploring the... View Details
- Article
Kidneys for Sale: Who Disapproves, and Why?
By: Stephen Leider and Alvin E. Roth
The shortage of transplant kidneys has spurred debate about legalizing monetary payments to donors to increase the number of available kidneys. However, buying and selling organs faces widespread disapproval. We survey a representative sample of Americans to assess... View Details