Yale School of Management - Faculty

Professor in the Practice of Law and Management

Constance E. Bagley is Professor in the practice of law and management at the Yale School of Management and received the Excellence in Teaching Award in 2009. Before joining the Yale SOM faculty, she was an associate professor at the Harvard Business School and taught a variety of courses at the Stanford University Graduate School of Business. Prior to joining the Stanford faculty, she was a corporate securities partner in the San Francisco office of Bingham McCutchen. She was also a member of the faculty of the Young Presidents’ Organization (YPO) International University for Presidents in Hong Kong and the Czech Republic.

Professor Bagley received the Senior Faculty Award of Excellence from the Academy of Legal Studies in Business in 2006 and her articles include “Winning Legally: The Value of Legal Astuteness,” which was published in the Academy of Management Review in April 2008. She is the author of Winning Legally: How Managers Can Use the Law to Create Value, Marshal Resources, and Manage Risk (Harvard Business School Press 2005), the coauthor with Diane Wilkins Savage of Managers and the Legal Environment: Strategies for the 21st Century (Cengage South-Western Legal Studies in Business, 6th ed. 2009), and the coauthor with Craig A. Dauchy of The Entrepreneur’s Guide to Business Law (Cengage South-Western Legal Studies in Business, 4th ed. 2011). She is the president-elect of the Academy of Legal Studies in Business and a member of the Academic Advisory Board of the Wharton School’s Zicklin Center for Ethics Research at the University of Pennsylvania. She was a member of the Financial Industry Regulatory Authority’s National Adjudicatory Council from 2005-2008. She is also a staff editor of the American Business Law Journal and is on the editorial board of the International Journal of Business and Innovation.

Professor Bagley received her JD, magna cum laude, from the Harvard Law School and was invited to join the Harvard Law Review. She received her AB, with honors and distinction, from Stanford University, where she was elected to Phi Beta Kappa her junior year. She is a member of the State Bar of California (inactive) and the State Bar of New York.

Achievements and Awards
Economiae Doctor Honoris Causa, Lund University, Sweden, 2011
Academy of Legal Studies in Business Senior Faculty Award of Excellence, 2006
Stanford University Graduate School of Business Trust Faculty Fellow, 1997-1998
Stanford Business School Distinguished Teaching Award, Honorable Mention, 1993
Invited to join Harvard Law Review, 1976
Phi Beta Kappa, 1973

Boards
Financial Industry Regulatory Authority
National Adjudicatory Council, 2005-2008
Zicklin Center for Business Ethics Research
The Wharton School, University of Pennsylvania
Academic Advisory Board
International Journal of Business and Innovation, Editorial Board

Selected Books
Managers and the Legal Environment: Strategies for the 21st Century, 7th Edition (with D. Savage), South-Western Legal Studies in Business, 2012

The Entrepreneur's Guide to Business Law. 4th Edition (with C. Dauchy), South-Western, 2011

Winning Legally: How to Use the Law to Create Value, Marshal Resources, and Manage Risk, Harvard Business School Press, 2005

Selected Book Chapters
"Foreward" in A. Masson and M.J. Shariff, eds., Legal Strategies: How Corporations Use Law to Improve Performance, Springer-Verlag, 2010

"Shareholder Primacy Is a Choice, Not a Legal Mandate" in M. J. Epstein and K.O. Hanson, eds., The Accountable Corporation, Vol. 1, Praeger, 2005

"Risky Business: Understanding and Reducing Employer Risk" in G.D. Libecap, ed., Advances in the Study of Entrepreneurship, Innovation, and Economic Growth, Vol. 10, JAI Press, 1998

Selected Articles
"What’s Law Got To Do With It: Integrating Law and Strategy," American Business Law Journal, Vol. 47, No. 1, 587-639, Winter, 2010

"Deep Links: Does Knowledge of the Law Change Managers’ Perceptions of the Role of Law and Ethics in Business?" (with G. Clarkson and R.M. Power), Houston Law Review, Vol. 47, No. 2, 259-295, Spring, 2010

"Winning Legally: The Value of Legal Astuteness," Academy of Management Review, Vol. 33, No. 2, 378-390, April, 2008

"Adverse Possession for Intellectual Property: Adapting an Ancient Concept to Resolve Conflicts Between Antitrust and Intellectual Property Laws in the Information Age" (with G. Clarkson), Harvard Journal of Law and Technology, Vol. 16, No. 2, 327-393, Spring, 2003

"Forethought: The Ethical Leader's Decision Tree," Harvard Business Review, Vol. 81, No. 2,18-19, February, 2003

"The Devil Made Me Do It: Replacing Corporate Directors' Veil of Secrecy with the Mantle of Stewardship" (with K. Page), San Diego Law Review, Vol. 36, No. 4, 897-945, Fall, 1999

Selected Cases and Notes
"BP in Russia" (with W. Johnson, M. Blomerth, S. Decew, P. Gulliver, P. Mitra, C. Stucker, T. Weil, and J. Elias), Yale School of Management case 11-014, 2011

"Research in Motion’s BlackBerry: Balancing Privacy Rights and National Security" (with S. Gunz and A. Nagy Smith), Yale School of Management case 11-011, 2011

"South Africa’s Energy Crisis: Reconciling Economic Growth with Environmental Protection" (with H. Aqeel and E.T. Zlotnicka), Yale School of Management case 11-015, 2011

"From Politics to Law: U.S. Healthcare Reform 2011" (with N. Dinev and H. Aqeel), State & Society Background Memo No. 5, Yale School of Management case 11-016, 2011

"Opinion of the U.S. Supreme Court in Citizens United v. Federal Election Commission" Yale Case 10-017, Yale School of Management, 2010

"Mayor Greg Goodnight" (with L. Tepper Bates), Yale Case 09-011, Yale School of Management, 2009

"Kirkwood Inc." (with B. Flaumenhaft), Yale Case 08-058, Yale School of Management, 2008

"Morgan Life Sciences" (with B. Flaumenhaft), Yale Case 08-021, Yale School of Management, 2008

"Commission of the European Communities v. Microsoft Corporation," Yale Case 07-054, Yale School of Management, 2007

"Process Patents: Laboratory Corporations of America Holdings v. Metabolite Laboratories," Yale Case 07-031, Yale School of Management, 2007

"Northeast General Corporation (A)," Yale Case 07-035, Yale School of Management, 2007

"Northeast General Corporation (B)," Yale Case 07-036, Yale School of Management, 2007

"Meinhard, Salmon, and the Bristol Hotel," Yale Case 07-032, Yale School of Management, 2007

"BitTorrent" (with R. Martin), HBS No. 806-169, Harvard Business School Publishing, 2007

"USG Corporation (A), (B) & (C)" (with E. Sherman), HBS Nos. 807-090, 807-120 & 807-121, Harvard Business School Publishing, 2007

"Legal Aspects of Management: Course Overview Note for Educators," HBS No. 5-806-178, Harvard Business School Publishing, 2006

Education
JD magna cum laude, Harvard Law School, 1977
AB with Distinction and Honors, Stanford University, 1974