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 and teaches the MBA courses State and Society and Legal Aspects of Entrepreneurship as well as in a variety of executive programs. She is also a senior research scholar at the Yale Law School. Her research focuses on the intersection of law and management and the ability of legally astute managers and entrepreneurs to use the law and legal tools to create value, marshal resources, and manage risk. Her textbook Managers and the Legal Environment: Strategies for the 21st Century (with D. Savage), South-Western Legal Studies in Business, 6th ed. 2009, is used at more than 100 colleges and universities.

Before joining the Yale faculty in 2007, Professor Bagley was an associate professor at the Harvard Business School and taught a variety of MBA and executive courses at the Stanford Graduate School of Business. Prior to her work at Stanford, Professor Bagley was a corporate securities partner in the San Francisco office of the law firm of Bingham McCutchen. She is a member of the State Bar of California (inactive) and the State Bar of New York, and advises firms, directors, and executives on corporate governance matters, business ethics, and strategic compliance management. Professor Bagley also serves as the secretary-treasurer of the Academy of Legal Studies in Business and is a member of the Yale Women’s Faculty Forum Council.

Achievements and Awards
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. 6th Edition (with D. Savage), South-Western Legal Studies in Business, 2009

The Entrepreneur's Guide to Business Law. 3rd Edition (with C. Dauchy), West/Thomson Learning, 2007

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

Selected Book Chapters
"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
"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

Working Papers
"Deep Links: Business School Students' Perceptions of the Role of Law and Ethics in Business" (with G. Clarkson and R. Power)

"What's Law Got to Do with It: A Systems Approach to Business and Society"

Selected Cases and Notes
"Mayor Greg Goodnight" (with Lisa Tepper Bates), Yale Case 09-011, Yale School of Management, 2009

"Suzlon" (with A. Barton-Sweeney, J. Elias, and D. Rae), Yale Case 08-009, Yale School of Management, 2008

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

"Law and Strategy" (with D. Rae), Yale Case 08-023, Yale School of Management, 2008

"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