The Myth of Choice: Personal Responsibility in a World of Limits (2011)

Americans are fixated on the idea of choice. Our political theory is based on the...



The Failure of Corporate Law: Fundamental Flaws and Progressive Possibilities (2006)

When used in conjunction with corporations, the term “public” is misleading. Anyone can purchase shares...



Sticking the Landing: Making the Most of the “Stakeholder Moment”, European Business Law Review (2014)

This paper illustrates that the shareholder primacy model is still the prevailing model especially as...

Are Shareholders Owners? Absolutely. And Absolutely Not, Journal of Governance Directions (2014)

Shareholder ownership is in reality ‘shareholder primacy,’ or ‘shareholder supremacy.’ An excessive focus on shareholder...



Corporate Citizenship: Goal or Fear?, University of St. Thomas Law Journal (2014)

Discusses the conflicting opinions about corporate "citizenship." Should corporations be insulated from politics or a...



The Third Way: Beyond Shareholder or Board Primacy, Seattle University Law Review (2014)

There is a third possibility in corporate governance: real duties imposed on boards, but which...

The Progressive Possibility of Corporate Law, Australian Journal of Corporate Law (2013)

In this article, I wish to argue that we find ourselves, at least in the...



The Stakeholder Strategy, Democracy: A Journal of Ideas (2012)


Are Shareholders Owners?, The Policy Network (2012)


The Puzzle of Short-termism, Wake Forest Law Review (2011)

From the Introduction: When pondering the question of the “sustainable corporation,” as we did in...



Free Will Paradigms, Duke Journal of Constitutional Law & Public Policy (2011)

One of the iconic issues in American law and politics is the question of free...



Law, Politics, and the Erosion of Legitimacy in the Delaware Courts, New York Law School Law Review (2011)

One of the putative benefits of incorporation in Delaware is the expertise and knowledge of...



Unconscionability and Consent in Corporate Law (A Comment on Cunningham), Iowa Law Review Bulletin (2011)

Lawrence Cunningham has written an insightful and persuasive article calling on courts to apply the...



The Origins and Costs of Short-Term Management, Paper Series on Restoring the Primacy of the Real Economy, Allen White, editor (2009)

Why is a fixation on the short term a problem for American businesses? One might...



Attorney General Mukasey’s Defense of Irresponsibility , Boston College International and Comparative Law Review (2009)

Attorney General Mukasey’s commencement speech at Boston College Law School did a disservice to the...



The Impact of "Going Private" on Corporate Stakeholders, Brooklyn Journal of Corporate, Financial and Commercial Law (2008)

As capital markets in the United States increasingly "go private," it is unclear how the...

Defending Stakeholder Governance, Case Western Reserve Law Review (2008)

Corporations are collective enterprises, drawing on investments from various stakeholders who contribute to the firm's...



The Disaster at Bhopal: Lessons for Corporate Law?, New England Law Review (2008)

Prepared for a conference at New England Law School marking the twenty-fifth anniversary of the...



Corporate Ethics in a Devilish System, Journal of Business & Technology Law (2008)

Prepared for a roundtable on corporate ethics at the University of Maryland School of Law,...



Debate: Saving the World with Corporate Law? (with D. Gordon Smith), Emory Law Journal (2008)

The current debate within corporate law is as fundamental as any time since the New...

How Law Constructs Wealth Patterns [Panel remarks], Georgetown Journal of Poverty Law and Policy (2008)


Reclaiming Corporate Law in a New Gilded Age, Harvard Law and Policy Review (2008)

Corporate law matters. Traditionally seen as the narrow study of the relationship between managers and...



A New Era for Corporate Law: Using Corporate Governance Law to Benefit All Stakeholders, Paper Series on Corporate Design: Summit on the Future of the Corporation, Allen White and Marjorie Kelly, editors (2007)


New Principles for Company Law, Keeping Good Companies: Journal of the Chartered Secretaries Australia Ltd. (2007)
Fighting for Equality, and Losing, Boston Bar Journal (2007)


Should Corporations Have First Amendment Rights? (with Daniel Greenwood and Erik Jaffe), Seattle University Law Review (2007)

As Professor Winkler correctly stated, current doctrine emphasizes the rights of listeners rather than the...



A Bridle, a Prod and a Big Stick: An Evaluation of Class Actions, Shareholder Proposals and the Ultra Vires Doctrine as Methods for Controlling Corporate Behavior (with Adam Sulkowski), St. John's Law Review (2005)

Written for the recent conference at St. John’s University Law School on “People of Color,...



In Closing: Fighting Might with Rights, Boston College Law Magazine (2005)


New Principles for Corporate Law, Hastings Business Law Journal (2005)

The fundamental assumptions of corporate law have changed little in decades. Accepted as truth are...



Democracy and the Dominance of Delaware in Corporate Law, Law and Contemporary Problems (2004)

Among the grandest debates within corporate law is whether the dominance of Delaware is the...



An Experimental Test of Fairness Under Agency and Profit Constraints (With Notes on Implications for Corporate Law) (with Peter Kostant), George Washington Law Review (2003)

Building on the scholarship using ultimatum game experiments to explore the presence of fairness norms...

It's Time to Federalize Corporate Charters, TomPaine.common sense; A Public Interest Journal (2002)
September 11 and the End of History for Corporate Law, Tulane Law Review (2002)

Using the tragic events of September 11th as case study; this Essay critiques a prominent,...



Using Behavioral Economics to Show the Power and Efficiency of Corporate Law as Regulatory Tool, U.C. Davis Law Review (2002)

Prepared for the Daniel J. Dykstra Corporate Governance Symposium at University of California, Davis, in...



Ultra Vires Lives! A Stakeholder Analysis of Corporate Illegality (with Notes on How Corporate Law Could Reinforce International Law Norms), Virginia Law Review (2001)

This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal...



From Metaphor to Reality in Corporate Law, Stanford Agora: An Online Journal of Legal Perspectives (2001)

This essay is in response to a commentary by Professor David Millon, who ably argues...



There's a Forest in those Trees: Teaching About the Role of Corporations in Society, Georgia Law Review (2000)

This paper was prepared for the University of Georgia School of Law Conference on Teaching...



The Place of Workers in Corporate Law, Boston College Law Review (1998)

This article critiques the low place of workers within corporate law doctrine. Corporate law, as...



The Unjustified Absence of Federal Fraud Protection in the Labor Market, Yale Law Journal (1997)

Federal law offers significant protection against fraud in the capital market, based on the compelling...



Gradgrind’s Education: Using Dickens and Aristotle to Understand (And Replace?) The Business Judgment Rule (with John E. Nilsson), Brooklyn Law Review (1997)

This article uses literature and philosophy to help explain and critique existing corporate law doctrine....



Cruelty and Original Intent: a Socratic Dialogue, Indiana Law Journal (1996)

Reprinted in Boston College Law School Magazine 5 (Fall 1996): 27- 31



Our Conflicting Judgements About Pornography, American University Law Review (1994)

Book essay on Catherine MacKinnon's Only Words and Lynn Hunt's The Invention of Pornography: Obscenity...


Contributions to Books


The End of Contractarianism? Behavioral Economics and the Law of Corporations, The Oxford Handbook of Behavioral Economics and the Law (2014)

Reviews the current state of the scholarship in the field of behavioral economics as it...



Corporate Law and the Rhetoric of Choice, Law & Economics: Toward Social Justice (2009)

Rhetorically, the notion of choice has always been a powerful one in politics and law....



From Rights to Regulation in Corporate Law, Perspectives on Company Law: 2 (1997)

Popular Press


Religious Rights of Corporations, Part 2, The Corporate Social Responsibility Podcast with David Yosifon (2014)

Interview with Prof. Kent Greenfield on the religious rights of corporations. This is the second...



Beware the Sleeper: Harris v Quinn, American Constitution Society Blog (2013)


Can Corporations Be Good Citizens?, Symposium Magazine (2013)


The Slippery Slope to Polygamy and Incest, The American Prospect (2013)


States Rights > Gay Rights, The American Prospect (2013)

By now you've heard from the various news sources that, in this week’s Supreme Court...



Weird Friends of the Court, The American Prospect (2013)

If you’ve felt encouraged by recent trends in favor of gay rights—including the new Washington...



The Glocks Are Falling! The Glocks Are Falling!, The American Prospect (2013)

The gun crowd is so paranoid about the erosion of their Second Amendment rights that...



Robert Bork: All Brain, No Heart, The American Prospect (2012)


A New Strategy to Fight Citizens United, The Huffington Post (2012)


Robert, Sebelius, and Constitution Day, The American Constitution Society Blog (2012)


Choice and the Free Market, The Montreal Review (2012)


The Herman Cain Blame Game, The Huffington Post (2011)


The Hidden Costs of Choice, Boston Globe Sunday Magazine (2011)


When Kids Are Left in Cars: Blame the Brain, The Huffington Post (2011)


Reforming Limited Liability Law, The Nation (2011)


Limiting Limited Liability, The Nation (2011)


Obama, Libya, and Executive Power, The Huffington Post (2011)


What My Snowy Sidewalk Has to Say About the Individual Mandate, What My Snowy Sidewalk Has to Say About the Individual Mandate (2011)


A Campaign Funding Mess, Boston Globe (2010)


A Way Out of the Citizens United Mess?, The Huffington Post (2010)


I Want To Be Too Big To Fail, The Huffington Post (2008)


Unconstitutional Constitution Day, ACSBlog: The Blog of the American Constitution Society (2005)


A Liberal’s Disappointment in Million Dollar Baby, ACSBlog: The Blog of the American Constitution Society (2005)


Imposing Inequality on Law Schools, Washington Post (2003)
Truth or Consequences: If a Company Lies, Employees Should be Able to Sue, Washington Post (1998)

Reprinted as "Workers Should Be Able to Sue Over Lies," Salt Lake City Tribune, July...


Selected Professional Activities

Your Boss’s Business? Corporate Personhood and the Supreme Court, Texas A&M University School of Law American Constitution Society (2014)

Hobby Lobby was a dangerous decision,but because the Court ignored corporate personhood rather than endorsing...

Praising Corporate Personhood, Advancing a New Jurisprudence for American Self-Government and Democracy, Harvard University (2014)

Corporate personhood has wrongly developed a bad name; efforts to end corporate personhood by way...

Corporate Citizenship: Goal or Fear?, The University of Chicago Law School American Constitution Society (2014)

Progressives should oppose a constitutional amendment to end corporate personhood.

Conversations at BC Law: Representative Michael Capuano, Boston College Law School (2014)

Second of a series of interviews with public servants with connections to BC Law.

Debate: “Be it Resolved: Corporations Should Not be Considered People Under the U.S. Constitution.”, 31st Annual Jefferson B. Fordham Debate, S.J. Quinney College of Law, University of Utah (2014)

This was a debate with Jeff Clements, founder of Free Speech for People, about corporate...

Panelist, The Role of Government in Corporate Activities and Cross-Border Transactions, Developments in Corporate Governance: East Meets West, University of Sydney Law School (2014)
Corporate Citizenship as a Four-Letter Word, Developments in Corporate Governance: East Meets West, University of Sydney Law School (2014)

Also presented at the American Constitution Society Lawyer's Chapter in Dallas, TX in November 2014.

Corporate Innovation and Abuse, University of Sydney Law School (2014)

This was a week-long course, co-taught with Professor Frank Partnoy of the University of San...

Panelist, In the Balance: Law and Politics on the Roberts Court, The Clough Center for the Study of Constitutional Democracy, Boston College (2014)


Conversations at BC Law: Representative Bobby Scott, Boston College Law School (2014)

First of a series of interviews with public servants with connections to BC Law.

A New Matrix: Do the Interests of Shareholders, Employees, and Managers Conflict, Inaugural International Corporate Governance and Law Forum (2013)
"The Move to Amend": Making Citizens United Even Worse?, The Cornell Law School American Constitution Society chapter (2013)
The Third Way, Centre for Law, Markets and Regulation, University of New South Wales (2013)

There is a third way between deference to management on the one hand and strict...

The Board as Regulator, St. Thomas School of Law (2013)

The best (and a new) way to conceptualize the role of the corporate board is...

Moderator, Progressive Ideas in Corporate Law, Reinvigorating the Worker’s Voice in the 21st Century, sponsored by the American Constitution Society for Law and Policy (2013)
The End of Contractarianism? Behavioral Economics and Law of Corporations, Conference on Behavioral Law and Economics: Substance and Methodology (2013)
The Company Board as a Regulatory Body, Corporate Law Lecture Series, Queen Mary, University of London School of Law (2013)
Progressive Possibilities for Corporate Law, The Annual Meeting of the Corporate Law Teachers Association of Australia (2013)
The Legal Battle Over Affirmative Action, The Black Law Students Association, American Constitution Society (2012)
Using Social Media as a Professor, Boston College Law School (2012)
Moderator, Corporation Speech After Citizens United, Boston College Directors' Training Program (2012)
Panelist, The Affordable Care Act’s Prospects in the Supreme Court, University of Chicago Alumni Club, Boston Chapter (2012)


Panelist, Control the Corporation Conference, National Occupation of Washington, D.C. (2012)

Website for the conference videos:

Moderator, Panel on Defense of Marriage Act, Boston College Law School Lambda Students Association (2012)
Presentations on The Myth of Choice (2012)

Kent Greenfield has delivered over 30 public lectures and presentations to a wide variety of...

Moderator, Secularism, Islam, and Democracy, Clough Center for the Study of Constitutional Democracy (2011)


Interview with Professor Kent Greenfield about his book “The Myth of Choice: Personal Responsibility in a World of Limits”, Boston College Law School Webcast Archive (2011)

Professor Kent Greenfield’s newest release, The Myth of Choice: Personal Responsibility in a World of...

Panelist, Beyond the Quarterly Report: Managing Risk and Creating Long-Term Value Through Corporate Responsibility, Boston College Law School in collaboration with the Carroll School of Management Center for Corporate Citizenship (2011)
Moderator, Globalization, Corporate Accountability, and the Courts, Convention of the American Constitution Society (2011)

Moderated panel of scholars and practitioners on the corporate exposure to tort liability for involvement...

Is Obamacare Constitutional?, The Health Law Society, Boston College Law School (2011)
Moderator, The Sustainable Corporation, Wake Forest School of Law (2011)

Co-organized (and moderated a panel during) an international conference on corporate law and sustainability, held...

Panelist, Corporate Political Speech and Dueling Conceptions of the Corporation in Supreme Court Jurisprudence, AALS Annual Meeting (2011)

As chair of the Section on Business Organizations for AALS, I organized and moderated the...

Panelist, Unexplored Terrain: Companies, Trade Associations and Risk, Legal Studies and Business Ethics Department, The Wharton School, University of Pennsylvania (2010)