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- October 2023
- Article
Improving Regulatory Effectiveness Through Better Targeting: Evidence from OSHA
By: Matthew S. Johnson, David I. Levine and Michael W. Toffel
We study how a regulator can best target inspections. Our case study is a U.S. Occupational Safety and Health Administration (OSHA) program that randomly allocated some inspections. On average, each inspection averted 2.4 serious injuries (9%) over the next five years....
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- 2023
- Article
Towards Bridging the Gaps between the Right to Explanation and the Right to Be Forgotten
By: Himabindu Lakkaraju, Satyapriya Krishna and Jiaqi Ma
The Right to Explanation and the Right to be Forgotten are two important principles outlined to regulate algorithmic decision making and data usage in real-world applications. While the right to explanation allows individuals to request an actionable explanation for an...
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Keywords:
Analytics and Data Science;
AI and Machine Learning;
Decision Making;
Governing Rules, Regulations, and Reforms
Lakkaraju, Himabindu, Satyapriya Krishna, and Jiaqi Ma. "Towards Bridging the Gaps between the Right to Explanation and the Right to Be Forgotten." Proceedings of the International Conference on Machine Learning (ICML) 40th (2023): 17808–17826.
- 2023
- Working Paper
Rule by Market: The Chinese State in Factor Markets
By: Meg Rithmire
Political economy on China and beyond generally has been premised on a trade-off between state and market power. In the context of China’s reforms, markets and market mechanisms were hypothesized to replace state power in allocating important economic resources. Yet,...
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Rithmire, Meg. "Rule by Market: The Chinese State in Factor Markets." Harvard Business School Working Paper, No. 23-040, March 2023.
- March 2023
- Article
Not from Concentrate: Collusion in Collaborative Industries
By: Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery
The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete.
In many... View Details
In many... View Details
Keywords:
Antitrust;
Antitrust Law;
Antitrust Theory;
Law And Economics;
Collusion;
Collaboration;
Collaborative Industries;
Regulation;
"Repeated Games";
IPOs;
Initial Public Offerings;
Underwriters;
Real Estate;
Real Estate Agents;
Realtors;
Syndicated Markets;
Syndication;
Brokers;
Market Concentration;
Competition;
Law;
Economics;
Collaborative Innovation and Invention;
Governing Rules, Regulations, and Reforms;
Game Theory;
Initial Public Offering
Barry, Jordan M., John William Hatfield, Scott Duke Kominers, and Richard Lowery. "Not from Concentrate: Collusion in Collaborative Industries." Iowa Law Review 108, no. 3 (March 2023): 1089–1148.
- December 2022
- Article
Does Industry Employment of Active Regulators Weaken Oversight?
By: Jonas Heese
I study whether industry employment of active regulators weakens oversight. To examine this question, I exploit that the Financial Reporting Enforcement Panel (FREP), the German capital-market regulator responsible for enforcing public firms’ compliance with accounting...
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Keywords:
Conflict-of-interest Policies;
Directorships;
Enforcement Actions;
Industry Employment;
Self-regulatory Organizations;
Governance Compliance;
Governing and Advisory Boards;
Policy;
Conflict of Interests
Heese, Jonas. "Does Industry Employment of Active Regulators Weaken Oversight?" Management Science 68, no. 12 (December 2022): 9198–9218.
- October 2022
- Case
Afrigen Biologics: Vaccines for the Global South
By: Debora L. Spar and Julia Comeau
The majority of vaccines used on the continent of Africa (99%) are produced offshore. This makes African nations reliant on the West for major health care needs, a problem which was exacerbated by the COVID-19 pandemic. Afrigen Biologics (in partnership with the WHO)...
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- October 2022
- Background Note
Note on Cyberattacks and Regulatory Regimes
Describes common types of cyberattacks on enterprises and their costs, as well as the fragmentary regulatory regimes through which U.S. states and regulatory agencies at the start of 2021 attempted to encourage disclosure of cyberattacks and to pursue enforcement...
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Keywords:
Regulations;
Regulatory Agencies;
Cyberattacks;
Governance;
Corporate Disclosure;
Cybersecurity;
Information Industry;
Information Technology Industry;
Health Industry;
Financial Services Industry;
United States
Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "Note on Cyberattacks and Regulatory Regimes." Harvard Business School Background Note 723-392, October 2022.
- 2022
- Working Paper
The Ties That No Longer Bind: Inventor Mobility and Patent Litigation
By: Daniel Jay Brown and Maria Roche
The retention of inventor-employees represents a core strategic concern for firms in innovative industries. In this paper, we examine the impact of reduced patent enforceability on the mobility of inventor-employees and explore the related influence on firms’...
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Keywords:
Mobility;
Inventors;
Patent Enforceability;
Skills;
Strategic Human Capital;
Retention;
Innovation and Invention;
Intellectual Property
Brown, Daniel Jay, and Maria Roche. "The Ties That No Longer Bind: Inventor Mobility and Patent Litigation." Harvard Business School Working Paper, No. 23-021, October 2022.
- September 2022 (Revised November 2022)
- Case
The Uyghur Forced Labor Prevention Act: Forced Labor and Genocide in U.S.-China Relations
By: Jeremy Friedman and David Lane
On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, requiring companies to prove that goods imported from the People’s Republic of China were not made with forced labor. The bill was a reaction to reports of products being made with...
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Keywords:
Ethics;
Multinational Firms and Management;
Globalized Markets and Industries;
Governing Rules, Regulations, and Reforms;
Policy;
Government Legislation;
International Relations;
Labor;
Wages;
Law Enforcement;
Law;
Rights;
Operations;
Supply Chain Management;
Business and Government Relations;
Agriculture and Agribusiness Industry;
Manufacturing Industry;
Mining Industry;
China;
United States
Friedman, Jeremy, and David Lane. "The Uyghur Forced Labor Prevention Act: Forced Labor and Genocide in U.S.-China Relations." Harvard Business School Case 723-001, September 2022. (Revised November 2022.)
- Fall 2022
- Article
China's Political Economy and International Backlash: From Interdependence to Security Dilemma Dynamics
By: Margaret Pearson, Meg Rithmire and Kellee Tsai
Contrary to expectations that economic interdependence might lessen security conflict between China and the U.S. and its allies, much of the contestation between China and several OECD countries has focused on firms and economic links. This paper explains the...
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Pearson, Margaret, Meg Rithmire, and Kellee Tsai. "China's Political Economy and International Backlash: From Interdependence to Security Dilemma Dynamics." International Security 47, no. 2 (Fall 2022): 135–176.
- 2022
- Book
Corporate Criminal Investigations and Prosecutions
By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and...
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Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
- September 2022
- Article
Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities
By: Leemore Dafny, Christopher Ody and Teresa Rokos
The federal Anti-Kickback Statute prohibits biopharmaceutical manufacturers from directly covering Medicare enrollees’ out-of-pocket spending for the drugs they manufacture, but manufacturers may donate to independent patient assistance charities and earmark donations...
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Keywords:
Cost Sharing;
Prescription Drugs;
Drug Spending;
Medicare;
Dual Eligibility;
Cost;
Health Care and Treatment;
Philanthropy and Charitable Giving;
Pharmaceutical Industry
Dafny, Leemore, Christopher Ody, and Teresa Rokos. "Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities." Health Affairs 41, no. 9 (September 2022).
- August 2022
- Article
The Bulletproof Glass Effect: Unintended Consequences of Privacy Notices
By: Aaron R. Brough, David A. Norton, Shannon L. Sciarappa and Leslie K. John
Drawing from a content analysis of publicly traded companies’ privacy notices, a survey of managers, a field study, and five online experiments, this research investigates how consumers respond to privacy notices. A privacy notice, by placing legally enforceable limits...
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Keywords:
Choice;
Purchase Intent;
Privacy;
Privacy Notices;
Warnings;
Assurances;
Information Disclosure;
Trust;
Consumer Behavior;
Spending;
Decisions;
Information;
Communication
Brough, Aaron R., David A. Norton, Shannon L. Sciarappa, and Leslie K. John. "The Bulletproof Glass Effect: Unintended Consequences of Privacy Notices." Journal of Marketing Research (JMR) 59, no. 4 (August 2022): 739–754.
- June 2022
- Case
Business Implications from Regulating Carbon Emissions in the EU
By: George Serafeim and Benjamin Maletta
In the beginning of the 21st century, the European Union (the EU) had led the global fight against climate change with a wide array of policy measures. The EU’s primary approach to climate policy had been taxation via the European Union Emissions Trading System (EU...
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Keywords:
Regulation;
Carbon Emissions;
Trade;
Sustainability;
Decarbonization;
Performance;
Climate Change;
Analysis;
Strategy;
Taxation;
Policy;
Environmental Regulation;
Industry Structures;
European Union
Serafeim, George, and Benjamin Maletta. "Business Implications from Regulating Carbon Emissions in the EU." Harvard Business School Case 122-106, June 2022.
- March–April 2022
- Article
Uncovering the Mitigating Psychological Response to Monitoring Technologies: Police Body Cameras Not Only Constrain but Also Depolarize
By: Shefali V. Patil and Ethan Bernstein
Despite organizational psychologists’ long-standing caution against monitoring (citing its reduction in employee autonomy and thus effectiveness), many organizations continue to use it, often with no detriment to performance and with strong support, not protest, from...
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Keywords:
Monitoring;
Transparency;
Polarization;
Body Worn Cameras;
Quasi Field Experiment;
Analytics and Data Science;
Employees;
Perception;
Law Enforcement
Patil, Shefali V., and Ethan Bernstein. "Uncovering the Mitigating Psychological Response to Monitoring Technologies: Police Body Cameras Not Only Constrain but Also Depolarize." Organization Science 33, no. 2 (March–April 2022): 541–570. (*The authors contributed equally to this manuscript.)
- 2022
- Case
Polarizing Government Work: McKinsey & Co. and Immigration and Customs Enforcement (ICE)
When Donald Trump announced his run for president in 2015, he placed immigration front and center in his campaign. He promised to drastically expand U.S. Immigration and Customs Enforcement (ICE), end Deferred Action for Childhood Arrivals (DACA), and build a border...
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Hoffman, Andrew J. "Polarizing Government Work: McKinsey & Co. and Immigration and Customs Enforcement (ICE)." William Davidson Institute Case 3-951-926, 2022.
- 2021
- Working Paper
The Political Economy of Anti-Bribery Enforcement
By: Lauren Cohen and Bo Li
This paper documents novel evidence on the influence of political incentives in the regulatory enforcement of foreign bribery. Using exogenous variation in the timing and geographic location of U.S. Congressional elections, we find that the probability of a Foreign...
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Keywords:
Bribery;
Regulatory Enforcement;
Crime and Corruption;
Governance Controls;
Political Elections
Cohen, Lauren, and Bo Li. "The Political Economy of Anti-Bribery Enforcement." NBER Working Paper Series, No. 29624, December 2021.
- 2021
- Working Paper
Dirty Money: How Banks Influence Financial Crime
By: Joseph Pacelli, Janet Gao, Jan Schneemeier and Yufeng Wu
On September 21st, 2020, a consortium of international journalists leaked nearly 2,500 suspicious activity reports (SAR) obtained from the U.S. Financial Crimes Enforcement Network, exposing nearly $2 trillion of money laundering activity. The event raises important...
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Pacelli, Joseph, Janet Gao, Jan Schneemeier, and Yufeng Wu. "Dirty Money: How Banks Influence Financial Crime." Working Paper, July 2021.
- 2021
- Chapter
Towards a Unified Framework for Fair and Stable Graph Representation Learning
By: Chirag Agarwal, Himabindu Lakkaraju and Marinka Zitnik
As the representations output by Graph Neural Networks (GNNs) are increasingly employed in real-world applications, it becomes important to ensure that these representations are fair and stable. In this work, we establish a key connection between counterfactual...
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Agarwal, Chirag, Himabindu Lakkaraju, and Marinka Zitnik. "Towards a Unified Framework for Fair and Stable Graph Representation Learning." In Proceedings of the 37th Conference on Uncertainty in Artificial Intelligence, edited by Cassio de Campos and Marloes H. Maathuis, 2114–2124. AUAI Press, 2021.
- Article
Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers
By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos
Cash-for-information whistleblower programs have gained momentum as a regulatory tool to enforce corporate misconduct. Yet, little is known about how financial incentives affect whistleblowers’ decisions to report potential misconduct to authorities. Similarly, there...
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Keywords:
Corporate Misconduct;
Whistleblowers;
Financial Incentives;
Ethics;
Governance Compliance;
Lawsuits and Litigation
Dey, Aiyesha, Jonas Heese, and Gerardo Pérez Cavazos. "Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers." Harvard Law School Forum on Corporate Governance (June 10, 2021).