|Present||Professor of Law and Dean's Research Scholar, Boston College Law School|
- Fall 2018: Constitutional Law: Speech & Religion
- Spring 2019: Constitutional Law, Supreme Court Experience
Professor of Law and
Law Fund Research Scholar
Boston College Law School
885 Centre Street
Newton Center, MA 02459
Law School M539
Corporate Law (43)
Should Corporations Have First Amendment Rights? Seattle University Law Review (2007)
As Professor Winkler correctly stated, current doctrine emphasizes the rights of listeners rather than the identity of corporate speakers. My argument is, in effect, that this emphasis misses the key point. But I will not ...
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 of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, ...
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 St. John's Law Review (2005)
Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends ...
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 the notions that corporations are voluntary, private, contractual entities, that they have broad powers to make money in whatever ways ...
An Experimental Test of Fairness Under Agency and Profit Constraints (With Notes on Implications for Corporate Governance) George Washington Law Review (2003)
Building on the scholarship using ultimatum game experiments to explore the presence of fairness norms in bargaining exchanges, the authors test whether such norms are affected by agency relationships alone or agency relationships linked with ...
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 February 2001, this article argues that changes in corporate governance in the United States - specifically the relaxation of the ...
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 activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has ...
Gradgrind’s Education: Using Dickens and Aristotle to Understand (And Replace?) The Business Judgment Rule Brooklyn Law Review (2001)
This article uses literature and philosophy to help explain and critique existing corporate law doctrine. Starting from Charles Dickens's Hard Times, the article provides a new explanation for one of the great puzzles of existing ...
The Place of Workers in Corporate Law Boston College Law Review (2001)
This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is ...
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 in the same journal that a dependence on metaphor drives much of the debate within corporate law jurisprudence and corporate ...
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 Corporate Law, October 16, 1999. The paper argues that the basic corporate law course should focus much more on the ...
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 rationale that accurate information is important in allowing the securities markets to allocate financial capital to real capital. Notwithstanding some ...
Decision Making Theory (6)
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 Limits (Yale University Press), is a broad-reaching view of the dynamics of choice. Greenfield’s book begins with his knowledge of ...