"Wells Fargo Lessons:
Will Leaders Ever Learn," Harvard Law School Forum on Corporate
Governance and Financial Regulation, April, 2017
"Wells Fargo: Where
Were the Lawyers, Corporate Counsel, October, 2016
"A Chat With Ben
Heineman: Godfather of the Inhouse Bar," Wall Street Journal, June 2016.
"How GCs Decide Who
Gets the Work,"American Lawyer, May 2016
"The Conflict Between
Business Ethics and National Law," Business Ethics, April, 2016.
"Leading the Law
Department: Hire the Best," The Corporate Counselor, April 2016
"How the General
Counsel and CFO Can Partner More Effectively," Harvard Business Review,April,
2016
"The Inside Counsel
Revolution," The Practice, September,2016
"Corporations Need A
Better Approach to Public Policy," Harvard
Business Review, April, 2016
"Lawyers and
Professionals and Citizens: Key Roles and Responsibilities in the 21st
Century", Harvard Law School Center on the Legal Profession (co-author), 2014
Legendary Tech Entrepreneurs: Who Made the Biggest Impact on Society?
The Atlantic,
November 2011.
Penn State's Dangerous Culture of
Silence at the Top
The Atlantic,
November 2011.
The 4-Letter Word That Can Boost
Obama's Chances: V-E-T-O
The Atlantic,
October 2011.
Steve Jobs and the Purpose of the
Corporation
Harvard Business
Review, October 2011.
In Russia, a Demographic Crisis and
Worries for Nation's Future
The Atlantic,
October 2011.
Are Institutional Investors Part of
the Problem or Part of the Solution?
Report from the Yale School of Management and the Committee for Economic
Development, October 2011.
Institutional Investors: The Next
Frontier in Corporate Governance
Harvard Law
School Forum on Corporate Governance, October 2011.
We May Never Know Leaders'
Responsibility in Gulf Disaster
Harvard Business
Review, September 2011.
The Origins of Today's Bitter
Partisanship: The Founding Fathers
The Atlantic,
September 2011.
Exit Obama, Enter Irene: A Dispatch
from Martha's Vineyard
The Atlantic,
August 2011.
Can the Fracking Industry
Self-Regulate?
The Atlantic,
August 2011.
In (Partial) Defense of Obama
The Atlantic,
August 2011.
Is Murdoch to Blame for 'This Whole
Fiasco'?
The Atlantic,
July 2011.
News Corp Leaders from James
Murdoch to Les Hinton Face Killer Question: Why No Earlier Internal
Investigation?
Washington Post,
July 2011.
'News of the World' Shuts Down: Who
Should Take the Blame?
The Atlantic,
July 2011.
In China, Corruption and Unrest
Threaten Autocratic Rule
The Atlantic,
June 2011.
To Hot To Handle?
American Lawyer,
July 2011.
Justice Oliver Wendell Holmes and
Memorial Day
The Atlantic,
May 2011.
Sex Between Superiors and
Subordinates: What Are the Rules?
The Atlantic,
May 2011.
A Free Pass for Warren Buffett?
Berkshire Audit Committee's Mistake
The Atlantic,
April 2011.
Will Obama Throw a Grenade to
Blow-Up Hidden Campaign Donations?
The Atlantic,
April 2011.
Is the French veil ban
"unconstitutional"?
Washington Post,
April 2011.
Sokol Acted Unethically, Warren,
Just Say It
Harvard Business
Review, April 2011.
Can Women Be a Catalyst for Japan's
Renewal?
The Atlantic,
April 2011.
The Inside Story of Ferraro's 1984
Debate Prep
The Atlantic,
March 2011.
Japan: Future Risk, Present
Devastation
The Atlantic,
March 2011.
Crisis Management Failures in
Japan's Reactors and the BP Spill
Harvard Business
Review, March 2011.
Egypt's Quest for Economic (Not
Just Political) Legitimacy
The Atlantic,
February 2011.
The Portrait and the Nazis
The Atlantic,
February 2011.
Fear and the Internet
Washington Post,
February 2011.
The Future of Egypt and the Riddles
of History
The Atlantic,
February 2011.
FCIC: The Private Sector Failed
The Atlantic,
January 2011.
Disclosure of Steve Jobs's Illness: Round Two
The Atlantic,
January 2011.
Disclosure About Steve Jobs's Illness: Apple Should Provide It, the SEC Should
Require It
The Atlantic,
January 2011.
How the BP Commission Dropped the
Ball
Harvard Business
Review, January 2011.
The Supreme Court: 'Originalism's'
Theory and the Federalist Papers' Reality
The Atlantic,
January 2011.
The Very Real Danger Beyond
Cyberhackers: Inside Leaks
The Atlantic,
January 2011.
Don"t Divorce the GC and Compliance
Officer
Corporate
Counsel, January 2011.
In Repealing 'Don't Ask, Don't
Tell,' Implementation Matters
The Atlantic,
December 2010.
One Strike and You're Out
Washington Post,
December 2010.
The Afghan Strategic Review: Speak
the Truth About Corruption
The Atlantic,
December 2010.
Rereading 'Ulysses' by James Joyce:
The Best Novel Since 1900
The Atlantic,
November 2010.
Armistice Day: The Forgotten Fields
of Flanders
The Atlantic,
November 2010.
It's a Problem of Peer Judgment
Washington Post,
November 2010.
Management as a Profession: A
Business Lawyer's Critique
Harvard Business
Review, November 2010.
The Afghan Black Hole: Governance
and Corruption
The Atlantic,
October 2010.
Deciding in a State of Ignorance
Washington Post,
September 2010.
No Cure for the Cancer of Health
Costs
The Atlantic,
September 2010.
BP's Accident Report: Look at the
Recommendations for the Future
The Atlantic,
September 2010.
Voluntary Standards Not the Same as
Mandatory Law
Washington Post,
September 2010.
Making Sense Out of "Clawbacks"
The Harvard Law
School Forum on Corporate Governance, August 2010.
HP's CEO, Mark Hurd: How Could He
Do Something So Stupid?
The Atlantic,
August 2010.
The General Counsel as
Lawyer-Statesman
Harvard Law School Program on the Legal Profession Blue Paper.
Let the Revels Begin
The Atlantic,
July 2010.
BP's Board Has Questions to Answer,
Too
Business Week,
July 2010.
Where Big Doesn't Have to Mean Bad
Washington Post,
July 2010.
Hidden Election Expenditures After Citizens
United
The Atlantic,
July 2010.
CEO Lessons from McChrystal"s
Sacking
Business Week,
June 2010.
Gen. McChrystal: When the Reason
Trumps the Result
Washington Post,
June 2010.
Who's-On-First in the Gulf
Washington Post,
June 2010.
The Safety Calculus After BP
Harvard Business
Review, June 2010.
The Gulf Spill: Who Should
Investigate?
The Atlantic,
May 2010.
Is It Too Late for Goldman Sachs to
Play Offense?
Harvard Business
Review, May 2010.
Goldman Sachs: Being 'legal'
doesn't make it 'right'
The Washington
Post, April 2010.
Valuing Safety is Good for Companies'
Bottom Line
The Atlantic,
April 2010.
Alan Greenspan, Regulator?
The Atlantic,
April 2010.
Obama's Afghan Dilemma: Managing
Hamid Karzai
Harvard Business
Review, March 2010.
Accountability and the Catholic
Church
Business Week,
March 2010.
Toyota: Flunking Crisis Management
101
Washington Post,
February 2010.
Where Are the Global
Anti-Corruption Leaders?
The Atlantic,
February 2010.
Restoring Trust in Corporate
Governance
The Harvard Law
School Forum on Corporate Governance, January 2010.
A "Stewardship Code" for
Institutional Investors
Havard Business Review,
January 2010.
The Google Case: When Law and Ethics
Collide
The Atlantic,
January 2010.
Defining Corporate Citizenship
Washington Post,
November 2009.
The Ugly End-Game
Washington Post,
November 2009.
Shareholders: Part of the Solution
or Part of the Problem?
The Atlantic,
October 2009.
A Budapest B-School Teaches
Leadership at the Crossroads
Havard Business Review,
September 2009.
Getting Your Fix
Corporate
Counsel, September 2009.
Beware the Idolatry of Numbers
The Atlantic,
August 2009.
Executive Compensation: Let's Look
at Fund Managers' Pay, Too
Harvard Business
Review, July 2009.
The Talented Mr. Blankfein
Washington Post
Blog, July 2009.
Harvard Business
Review Debates, June 2009:
We've Lost Authenticity
Washington Post,
June 2009.
Going Beyond MBA Oaths
Harvard Business
Review, June 2009.
Stop Bribery Everywhere
Corporate
Counsel, June 2009.
The Long Goodbye
Washington Post
Blog, May 2009.
Function, Not Form, Matters Most in
Board's Nonexecutive Leader
Harvard Business
Review, May 2009.
SARS Corporate Playbook
Washington Post
Blog, April 2009.
Redefining the CEO Role
BusinessWeek,
April 2009.
G20 Fails to Take on Global Bribery
Harvard Business
Review, April 2009.
It's About Accountability, Stupid
Washington Post,
March 2009.
Pitchfork Populism
Washington Post,
March 2009.
Dangerous Obfuscation of Facts
Washington Post,
March 2009.
Google's Bad Options
Harvard Business
Review, March 2009.
Personnel Management: Who Goofed,
Obama or Gregg?
Harvard Business
Review, February 2009.
Executive Compensation: The
Leadership Failure that Led to Pay Caps
Harvard Business
Review, February 2009.
Executive Compensation: What
Obama"s Plan Means
Business Week,
February 2009.
Is Google Doing the Right Thing?
Financial Times,
February 2009.
A Tale of Two Cities
Washington Post,
February 2009.
Boards Fail " Again
BusinessWeek,
September 2008.
The Fatal Flaw in Pay for
Performance
Harvard Business
Review, June 2008.
Former Top GE Lawyer Heineman
Discusses New Book on Integrity
Bloomberg,
June 2008.
Risk-Taking, Discipline &151;
and Regulation
BusinessWeek,
May 2008.
Safety First Abroad
Forbes,
May 2008.
Arrested Development
The National
Interest, November/December 2007.
Financial Leaders Go AWOL in the
Meltdown
Bloomberg,
November 2007.
Caught in the Middle
Corporate
Counsel, April 2007.
Avoiding Integrity Land Mines
Harvard Business
Review, April 2007.
Hands Across the Water
Corporate
Counsel, October 2006.
The Long War Against Corruption
Foreign Affairs,
May/June 2006.
In the Beginning
Corporate
Counsel, April 2006.
Bigger Isn&146;t Better
Corporate
Counsel, November 2005.
"Bribery
Warrants Global War,"" Bloomberg Commentary," January 12,
2008 (co-author) (Siemens" bribery
scandal demonstrates importance of enforcing"
international convention prohibiting foreign bribery by transnational
corporations)
"Where
is Business Leadership,""" Bloomberg Commentary," November 3, 2008 (a"new public-private balance in financial
regulation turns, importantly, on candid discussion by financial sector leaders
of problems, causes and internal remedies)
"Vision
and Values", Dean"s Lecture to the Entering
Class of Yale Law School, November, 2008
"Big
Isn"t Always Best: One Stop Shopping at Giant
Global Firms Isn"t Necessarily Wise, Says
GE"s Former Top Lawyer,""" Corporate Counsel and The American
Lawyer, November, 2008
"Boards
Fail"Again, ""
Business Week,com, "September 26, 2008.
"The
Fatal Flaw in Pay for Performance,"" Harvard Business Review," June, 2008.
"Before
You Sign Up: Prospective GCs Need Due Diligence on CEOs,""Corporate
Counsel, October, 2008.
"High
Performance with High Integrity,"" Association of Corporate Counsel Docket," June 2008.
"Safety
First Abroad, "" Forbes.Com,"May 29, 2008 (role of companies in ensuring
quality and safety in global sourcing)
"Risk-Taking,
Discipline---and Regulation:" Balancing
the Three is Critical for Company Health"and the
Health of the Economy, """ Business
Week. Com,," May 20, 2008.
"Big
Firm Associates: A Lost Generation?","" The American Lawyer and Corporate Counsel,"
April, 2008.
"Arrested
Development: The Fight Against International Corporate Bribery,""The
National Interest,"November-December 2007.
""""""""" "Current
Counsel Issues,"" Association of
Corporate Counsel Docket," November,
2007
"How
to Say NO to Your CEO,"" Association of Corporate Counsel Docket," October,
2007.
"Avoiding
Integrity Landmines:" An Inside Look at
How GE Worked to Build a Culture That Sustains Both High Performance and High
Integrity,"" Harvard Business Review,"April, 2007.
"Resolving
the Partner-Guardian Tension,""" Corporate Counsel and The American Lawyer,""
April, 2007" (tension for general
counsel and chief financial officer in being business partner to CEO and
guardian of the corporation"s integrity)
"The
Long War Against Corruption,""" Foreign Affairs," May-June, 2006
"Law
and Leadership,""" The Preiskel-Silverman Lecture in the Program on the Practicing
Lawyer and the Public Interest," Yale Law School, November, 2006 (reprinted as essay in
The Journal on Legal Education, December 2009).
"Hands
Across the Water,"" Corporate Counsel and The American Lawyer,"
October, 2006 (arguing that corporations need an affirmative "foreign
policy")
"In
the Beginning:" GE"s Legendary Lawyer Explains How He Revolutionalized
the Role of In-House Counsel,""" Corporate
Counsel and The American Lawyer,""
April," 2006
"Strategy:
The Board"s Role and Responsibility,""" Directorship,"January,"
2006
"Introduction
to the Global Revolution, " Dean"s Lecture to the Class of 2008,"Yale Law School,"October, 2005
"Manager"s Journal:" Are
You A Good Corporate Citizen,"" Wall
Street Journal," June 28, 2005
""The Ideal of the
Lawyer-Statesman," American Corporate Counsel Association"" Docket, 22, No. 5, May"" 2004
""Ten Steps for
Increasing Diversity,"," ""Keynote Address"at the American Bar Association"s" Managing Partners and General
Counsel Leadership Summit on Progress, Success and Acheivement for Women in Law
," May,"
2005
""Corporate Social
Responsibility: "Back to
Basics,"" American Corporate
Counsel Association Docket, 21, No. 1, January 2003.
______
"Some
Rules of the Game:" Prescriptions for
Organizing the Domestic Presidency,"
"""""""""""" The
Presidency In Transition, Center for the Study of the Presidency
Proceedings, Vol. VI,
"""""""""""" No. 1,
Chapter 4, 1989
""Welfare Reform
Revisited:" New Consensus and Old
Dilemmas," Work and Welfare:" The
Case ""for New Directions in
National Policy, Center for National Policy, Alternative for the
1980s,"" No. 22, March 1987
"Potter Stewart:"
A Balance Wheel on the Court," 95 Yale Law Journal 1328 (1986)
Comment, "Marrying Politics and Policy," The
Reagan Presidency and the Governing of America,""" Urban Institute Press, 1984
Comment,
"The Law Schools' Failing Grade on Federalism,""92 Yale L.J. 1349 (1983)
Book Review of J. Harvie Wilkinson, III,"Serving Justice:"A Supreme Court Clerk's View,
"
88 Harv. L. Rev. 678 (1975)
Book Review of S. Lazarus, The Genteel Populists, 84
Yale L.J. 1558 (1973)
Book Review of A. Lester et al., Race and Law in
Britain, 82 Yale L.J. 1558 (1973)
"Decentralization in New York City:"A Proposal," 8 Harv. Jnl. on Legis. 407 (1971)
(co-author)