 Photo courtesy of the Michigan Daily
At a glance...
 Professor of Law Law School
greenfik@bc.edu
Office Location Law School M539
617.552.3167
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BACKGROUND
Kent Greenfield is Professor of Law and Law Fund Research Scholar at Boston College Law School, where he teaches and writes in the areas of business law, constitutional law, legal theory, and economic analysis of law. He is also the Distinguished Faculty Fellow at the Center on Corporations, Law and Society, at the Seattle University School of Law. He is the author of the book “The Failure of Corporate Law,” published by University of Chicago Press. The book has been called “simply the best and most well-reasoned progressive critique of corporate law yet written,” and the Law and Politics Book Review said that “it merits a place alongside Berle and Means, [and] Easterbrook and Fischel.”
Greenfield also has had journal articles published in the Yale Law Journal, the Virginia Law Review, the Boston College Law Review, the George Washington Law Review, and the Tulane Law Review, among others. His articles are widely cited, and he has been called “the leading figure” and “the most creative thinker” in the progressive, stakeholder school of corporate law scholarship. Greenfield has presented papers or lectured in 29 states, in six countries, and at 67 institutions (including Harvard, Yale, Brown, Stanford, the University of Chicago, the University of Michigan, and the London School of Economics).
Greenfield was named B.C. Law Teacher of the Year for 2003-04, a recognition bestowed by the Law Students Association on vote of the entire student body. He was also awarded the Emil Slizewski Award for outstanding teaching, given by the graduating class of 2004. Greenfield has been a Law Fund Research Scholar, a recognition of his scholarly contributions, since 2003. He has taught at the University of Connecticut School of Law and the University of Hawaii School of Law, and at Brown University in the political science department.
He is the founder and president of the Forum for Academic and Institutional Rights (FAIR), an association of three dozen law schools and other academic institutions organized to fight for academic freedom and against discrimination. FAIR brought suit against Donald Rumsfeld and others to contest the Solomon Amendment, which forces universities to assist military recruiters. The Supreme Court decided the case against FAIR on March 6, 2006. Greenfield’s work with FAIR was featured in numerous newspapers and media outlets, including the New York Times, the Wall Street Journal, the Boston Globe, the Chronicle of Higher Education, ABC News, CBS News, CNN, Fox News, MSNBC, CNBC, and NPR.
Greenfield also consults with litigators on issues of corporate accountability. He was instrumental in developing the theory of the case brought against Unocal Corporation for alleged human rights violations committed by the company in Burma.
Before joining the faculty in 1995, Greenfield served as a law clerk to Justice David H. Souter, of the United States Supreme Court, and to Judge Levin H. Campbell, of the United States Court of Appeals for the First Circuit. He also worked at the law firm of Covington & Burling, in Washington, D.C., and as an corporate policy advisor at Levi Strauss & Co., in San Francisco.
Greenfield is a graduate of the University of Chicago Law School, where he graduated with honors and was awarded membership into the honorary society Order of the Coif. He also served as Topics and Comments Editor of the University of Chicago Law Review. He received an A.B., with highest honors, from Brown University, where he studied economics and history. Before law school, he traveled extensively in South America and Africa.
EDUCATION
A.B., Brown University; J.D., University of Chicago.
PRESENTATIONS
“The Possibilities for Stakeholder Corporate Governance,” Corporation 2020, New York, NY, in June 2006.
“The Real Story behind Rumsfeld v. FAIR,” plenary session, 2006 Society of American Law Teachers Teaching Conference, Suffolk University Law School, Boston, in September 2006.
ACTIVITIES
Panelist, “What to Do after Solomon,” National Association of Law Placement 2006 Conference, San Diego, CA, in April. Panelist, “Is There Academic Freedom at Boston College?” Boston College, in March 2006.
WORK IN PROGRESS
"Corporate Law and the Fetish of Choice." Forthcoming in Research in Law and Economics, 2008 "Defending Stakeholder Governance." Forthcoming in Case Western Reserve Law Review, 2008 "Bhopal and Lessons for Corporate Law." Forthcoming in New England Law Review, 2008 "The Implications of 'Going Private' on Stakeholders." Forthcoming in Brooklyn Law Review, 2008
COURSES
Fall '07: Corporations; Elements of Law Spring '08: Economic Analysis of Law
PUBLICATIONS
- "Saving the World With Corporate Law." Emory Law Journal 57: no.4 (2008): 948-984.
- "Corporate Ethics in a Devilish System." Journal of Business & Technology Law 3: issue 2 (2008): 427-435.
- "Reclaiming Corporate Law in a New Gilded Age." Harvard Law and Policy Review 2: no.1 (Winter 2008): 1-32.
- "A New Era for Corporate Law: Using Corporate Governance Law to Benefit All Stakeholders." In Paper Series on Corporate Design: Summit on the Future of the Corporation, Allen White and Marjorie Kelly, editors, 19-28. November 2007. http://www.corporation2020.org/SummitPaperSeries.pdf
- "New Principles for Company Law." Keeping Good Companies: Journal of the Chartered Secretaries Australia Ltd. July 2007: 335-339.
- The Failure of Corporate Law: Fundamental Flaws and Progressive Possibilities. Chicago: University of Chicago Press, 2006.
- "Fighting for Equality, and Losing.” Boston Bar Journal 50, no.4 (September/October 2006): 27-28.
- "Both Sides [Now]: Higher Education Institutions Have a Right to Dissent Without Losing Federal Money." Trusteeship 14: no.1 (January/February 2006): 35.
- With Adam Sulkowski. "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 79 (Fall 2005): 929-954. (Symposium issue)
- "New Principles for Corporate Law." Hastings Business Law Journal 1 (2005): 87-118.
- "Unconstitutional Constitution Day." Guest op-ed on ACSBlog: The Blog of the American Constitution Society (September 15, 2005).
- "In Closing: Fighting Might with Rights." BC Law Magazine 13: no.2 (Spring/Summer 2005): 56, 54.
- “A Liberal’s Disappointment in Million Dollar Baby.” Guest op-ed on ACSBlog: The Blog of the American Constitution Society (March 8, 2005).
- "Democracy and Dominance of Delaware in Corporate Law." Law and Contemporary Problems 67 (2004): 135-145.
- With Peter C. Kostant. "An Experimental Test of Fairness Under Agency and Profit-Maximization Constraints (With Notes on Implications for Corporate Governance.)" George Washington Law Review 71 (November 2003): 983-1024.
- "Imposing Inequality on Law Schools." Washington Post, Monday, November 10, 2003; A25.
- "September 11 and the End of History for Corporate Law." Tulane Law Review 76 (June 2002) (Socio-Economics and Corporate Law Symposium: The New Corporate Social Responsibility): 1409-1429.
- "It's Time to Federalize Corporate Charters." TomPaine.common sense; A Public Interest Journal (July 2002), available at http://www.tompaine.com/feature.cfm/ID/6081
- "Using Behavioral Economics to Show the Power and Efficiency of Corporate Law as Regulatory Tool." U.C.Davis Law Review 35 (February 2002): 581-644.
- "Ultra Vires Lives! A Stakeholder Analysis of Corporate Illegality (With Notes on How Corporate Law Could Reinforce International Law Norms)." Virginia Law Review 87 (November 2001): 1279-1379. Abstract
- "From Metaphor to Reality in Corporate Law." Stanford Agora: An Online Journal of Legal Perspectives 2: issue 1 (2001): 59-68 ( http://www.law.stanford.edu/agora ) Abstract
- "There's a Forest in those Trees: Teaching About the Role of Corporations in Society." Georgia Law Review 34 (Winter 2000) [Symposium: Business Law Education]: 1011-1024. Abstract
- "Truth or Consequences: If a Company Lies, Employees Should be Able to Sue," Washington Post, Sunday June 28, 1998, Outlook section. [Reprinted as "Workers Should Be Able to Sue Over Lies," Salt Lake City Tribune, July 5, 1998; "It's Illegal to Lie to Stockholders, But Not to Employees," Sacramento Bee, July 6, 1998 ; "If Company Lies, Allow Workers to Sue," Des Moines Register, July 7, 1998.]
- "The Place of Workers in Corporate Law." Boston College Law Review 39 (March 1998): 283-327.
- "From Rights to Regulation in Corporate Law." In Perspectives on Company Law: 2, edited by Fiona Patfield, 1-25. London: Kluwer Law International, 1997.
- With John E. Nilsson. "Gradgrind's Education: Using Dickens and Aristotle to Understand (and Replace?) the Business Judgment Rule." Brooklyn Law Review 63 (Fall 1997): 799-859.
- "The Unjustified Absence of Federal Fraud Protection in the Labor Market."Yale Law Journal 107 (December 1997): 715-789.
- "Cruelty and Original Intent: a Socratic Dialogue." Indiana Law Journal 72 (Winter 1996): 31-40. [Reprinted in Boston College Law School Magazine 5 (Fall 1996):27- 31.]
- "Our Conflicting Judgments about Pornography." American University Law Review 43 (Spring 1994): 1197-1230.
- "Original Penumbras: Constitutional Interpretation in the First Year of Congress." Connecticut Law Review 26 (Fall 1993): 79-144.
- "Cameras in Teddy Bears: Electronic Visual Surveillance and the Fourth Amendment." University of Chicago Law Review 58 (Summer 1991): 1045-1077. [Also appears in Insurance Law Review 1992-1993, volume 4, edited by Pat Magarick, 435-467. New York: Clark Boardman, 1993.]
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