Fellows' Discussion Papers
The following is a complete list of discussion papers by number from the present to the beginning of the series. All papers can be downloaded by clicking on its number and following the onscreen instructions. More papers will be added over time.
Contributors to this series are typically John M. Olin Fellows or Terence M. Considine Fellows in Law and Economics at Harvard University.
Luke Martin, Determining Optimal Default Savings Rates for 401(k) Plans, 06/2015.
Meirav Furth-Matzkin, Unenforceable and Misleading Clauses in Consumer Contracts: Evidence from the Residential Rental Market, 06/2015.
Yotam Kaplan, Rethinking the Paradox of Compensation, 08/2014.
Yaron Nili, Missing the Forest for the Trees: A New Approach to Shareholder Activism, 08/2014; published in Harvard Business Law Review, Vol. 4 (2014).
Santosh Anagol, Shawn Cole & Shayak Sarkar, Comparative Regulation of Market Intermediaries: Insights from the Indian Life Insurance Market, 06/2014.
Noam Noked, Integrated Tax Policy Approach to Designing Research & Development Tax Benefits, 06/2014.
Kobi Kastiel, Executive Compensation in Controlled Companies, 05/2014; forthcoming in the Indiana Law Journal, Volume 90, Issue 3 (2015).
Nitzan Shilon, CEO Stock Ownership Policies – Rhetoric and Reality, 05/2014; forthcoming in the Indiana Law Journal, Volume 90, Issue 1 (2014).
Roy Shapira, A Reputational Theory of Corporate Law, 04/2014.
Laurence Tai, Delegation to Administrative Agencies Without Expertise and with Third-Party Information, 09/2013.
Crystal S. Yang, Have Inter-Judge Sentencing Disparities Increased in an Advisory Guidelines Regime? Evidence From Booker, 08/2013.
Laurence Tai, A Reverse Rationale for Reliance on Regulators, 06/2013.
Dorothy Shapiro, Lessons from SEC v. Citigroup: The Optimal Scope for Judicial Review of Agency Consent Decrees, 05/2013.
Nitzan Shilon, Stock Ownership Policies - Rhetoric and Reality, 02/2013.
Britt Cramer, Zoning Adult Businesses: Evaluating the Secondary Effects Doctrine, 01/2013.
Crystal S. Yang, Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing, 11/2012.
Sonia Jaffe & E. Glen Weyl, The First-Order Approach to Merger Analysis, 09/2012.
Jordan M. Barry, John William Hatfield & Scott Duke Kominers, On Derivatives Markets and Social Welfare: A Theory of Empty Voting and Hidden Ownership, 08/2012.
Roy Shapira, Corporate Philanthropy as Signaling and Co-Optation, 04/2012; forthcoming Fordham Law Review, Vol. 80, 2012, 1889-1939.
Ruth Sarah Lee, A Legal Analysis of Romantic Gifts, 03/2012.
James Kwak, Improving Retirement Savings Options for Employees, 02/2012.
Laurence Tai, Transparency and Media Scrutiny in the Regulatory Process , 10/2011.
Scott Kominers & E. Glen Weyl, Concordance Among Holdouts, 08/2011.
Yehonatan Givati, The Comparative Law and Economics of Plea Bargaining: Theory and Evidence, 7/2011.
Yehonatan Givati and Ugo Troiano, Law, Economics and Culture: Theory and Evidence from Maternity Leave Laws, 4/2011.
Andrew F. Tuch, Conflicted Gatekeepers: The Volcker Rule and Goldman Sachs, 4/2011.
Ivan Reidel, The FCC's Anti-Payola Enforcement: A Policy at War with Itself, 8/2010.
Ivan Reidel, The Price of Fame: The Antitrust Law and Economics of Broadcasting, Music and Advertising, 7/2010.
Laurence Tai, Transparency and Power in Rulemaking; formerly "Transparency in Industrial Regulation", 7/2010.
Holger Spamann, Large-Sample Quantitative Research Designs for Comparative Law?, 9/2009; subsequently published in American Journal of Comparative Law, Vol. LVII, Fall 2009, 797-810.
Holger Spamann, Legal Origin, Civil Procedure, and the Quality of Contract Enforcement, 8/2009; subsequently published in Journal of Institutional and Theoretical Economics, Vol. 166, March 2010, 149-165.
Yehonatan Givati, Resolving Legal Uncertainty: The Unfulfilled Promise of Advance Tax Rulings, 6/2009.
Giulio Ecchia, Martin Gelter & Piero Pasotti, Corporate Governance, Corporate and Employment Law, and the Costs of Expropriation, 5/2009.
Holger Spamann, Contemporary Legal Transplants - Legal Families and the Diffusion of (Corporate) Law, 4/2009; subsequently published in Brigham Young University Law Review, Vol. 2009, No. 6, 2009, 1813-1877.
Stavros Gadinis, Is Investor Protection the Top Priority of SEC Enforcement? Evidence From Actions Against Broker-Dealers, 1/2009.
Ryan Bubb and Alex Kaufman, Comsumer Biases and Firm Ownership, 9/2008.
Yuval Procaccia, The Precontractual Commitment as a Solution to the Holdup Problem, 9/2008.
Yuval Procaccia, Information Acquisition and Damages for Breach of Contract: An Economics Analysis, 9/2008.
Yuval Procaccia, Contractual Accidents, 9/2008.
Pierre-Hugues Verdier, Regulatory Networks and their Limits, 9/2008.
Martin Gelter & Mathias M. Siems, Judicial Federalism in the ECJ's Berlusconi Case: Towards More Credible Corporate Governance and Financial Reporting?, 7/2008; subsequently published in Harvard International Law Journal, Vol. 46, pp. 487-506, 2005.
Martin Gelter, The Structure of Regulatory Competition in European Corporate Law, 7/2008; subsequently published in the Journal of Corporate Law Studies, Vol. 5, pp. 247-284, 2005.
Luca Enriques & Martin Gelter, How the Old World Encountered the New One: Regulatory Competition and Cooperation in European Corporate and Bankruptcy Law, 7/2008; subsequently published in the Tulane Law Review, vol 81, iss. 3, p.577-646, 2007.
Pierre-Henri Conac, Luca Enriques and Martin Gelter, Constraining Dominant Shareholders' Self-Dealing, 7/2008: The Legal Framework in France, Germany, and Italy; subsequently published in the European Company and Financial Law Review, vol 4, iss. 4, p. 491-528, 2007.
Martin Gelter, The Dark Side of Shareholder Influence: Toward a Holdup Theory of Stakeholders in Comparative Corporate Governance, 7/2008; subsequently published as "The Dark Side of Shareholder Influence: Managerial Autonomy and Stakeholder Orientation in Comparative Corporate Governance" in Harvard International Law Journal, Vol. 50, No. 1, Winter 2009, 129-194.
Yehonatan Givati, Strategic Statutory Interpretation by Administrative Agencies, 7/2008.
Stavros Gadinis, The Politics of Competition in International Financial Regulation, 6/2008.
Kristoffel Grechenig & Martin Gelter, The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism, 6/2008; also published as University of St. Gallen Law & Econonomics Working Paper No. 2007-25, and Hastings International and Comparative Law Review, Vol. 31, No. 1, 2008, pp. 295-360.
Martin Gelter & Jürg Roth, Subordination of Shareholder Loans from a Legal and Economic Perspective, 6/2008; Also published in CESifo Dice Report - Journal for Institutional Comparisons, vol. 5, nr. 2, pp. 40-47, 2007.
Holger Spamann, 'Law and Finance' Revisted, 2/2008.
Sameer H. Doshi, Making the Sale on Contingent Valuation, 8/2007; subsequently published in Tulane Environmental Law Journal, Vol. 21, Issue 2, Summer 2008, 295-340.
Anthony Uccellini, The Effect of Disclosure Regulation on M&A Activity: Evidence from the Over-the-Counter Market, 5/2007.
Nicola Joyce, Too Many Men on the Ice?: Why Criminal Prosecutors Should Refrain From Policing On-Ice Violations in the NHL, 4/2007.
Michael Simkovic, The Effect of Enhanced Disclosure on Open Market Stock Repurchases, 3/2007; forthcoming in Berkely Business Law Journal, Spring 2009.
Holger Spamann, On the Insignificance and/or Endogeneity of La Porta et al.’s ‘Anti-Director Rights Index’ under Consistent Coding, 3/2006.
Andreas M. Fleckner, Stock Exchanges at the Crossroads: Competitive Challenges - Reorganization - Regulatory Concerns, 10/2005; Subsequently published inFordham Law Review, Volume 74, (2006).
Daniel B. Kelly, The "Public Use" Requirement in Eminent Domain Law: A Rationale Based on Secret Purchases and Private Influence, 07/2005, subsequently published in Cornell Law Review, Vol. 92, No. 1, November 2006, 1-66.
Martin Gelter, The Subordination of Shareholder Loans in Bankruptcy, 01/2005; Subsequently published in International Review of Law and Economics, Volume 26, 478-502(2006).
Assaf Hamdani & Alon Klement, The Class Defense, 10/2004; subsequently published in California Law Review, Vol. 93, No. 3, May 2005, 685-741.
K.A.D. Camara, Costs of Sovereignty, 09/2004.
Gordon Moodie, Forty Years of Charter Competition: A Race to Protect Directors From Liability, 09/2004.