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Kent Greenfield

Selected Works

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Articles 1 - 30 of 164

Full-Text Articles in Law

The Rise Of The Working Class Shareholder: An Application, An Extension And A Challenge, Kent Greenfield Oct 2019

The Rise Of The Working Class Shareholder: An Application, An Extension And A Challenge, Kent Greenfield

Kent Greenfield

A review and analysis of David Webber's book The Rise of the Working Class Shareholder, with ideas on how to extend his points, and a challenge to one of his underlying assumptions with regard to the impact of Citizens United v Federal Election Commission.


Corporate Power And Campaign Finance, H. Kent Greenfield Oct 2019

Corporate Power And Campaign Finance, H. Kent Greenfield

Kent Greenfield

Chapter in a book about answers to the policy problems created by Citizens United, focusing on the possibility of using corporate governance to transform corporations into positive players in the public space.


Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield Mar 2019

Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield

Kent Greenfield

This amicus curiae brief addresses a fundamental state-law premise of Appellants’ constitutional claims that has gone largely unexplored in the prior briefing: whether Arlene’s Flowers, a Washington for-profit corporation, may obtain an exemption from generally applicable laws based on the religious beliefs of a shareholder, Mrs. Stutzman. Citing the U.S. Supreme Court’s decisions in Burwell v. Hobby Lobby Stores and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Appellants assert that “Arlene’s free-exercise rights are synonymous with Mrs. Stutzman’s.” Those two cases, however, had nothing to do with Washington corporate law and took no stance on the authority of …


Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens Feb 2018

Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens

Kent Greenfield

Professor Greenfield was the principal author of an amicus brief on behalf of 33 corporate law professors in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, argued in December 2017. The brief argues that shareholders’ religious and political beliefs should not be projected onto a corporation for purposes of First Amendment accommodation.


Law And Economics: We Bought It, It Was Broken, It Was Dangerous, And We Paid For It, Kent Greenfield Jan 2016

Law And Economics: We Bought It, It Was Broken, It Was Dangerous, And We Paid For It, Kent Greenfield

Kent Greenfield

Law and economics is simplistic and dangerous, as applied to corporate law.


End Delaware’S Corporate Dominance, Kent Greenfield Dec 2015

End Delaware’S Corporate Dominance, Kent Greenfield

Kent Greenfield

Delaware provides corporate foundational papers to all comers, and earns as much as a quarter of its state budget from the ensuing fees. Though Delaware has a population of less than one-third of 1 percent of the nation, more than half of Fortune 500 businesses claim a filing cabinet in Wilmington as home. Scholars disagree on whether the state’s rules provide more protection for shareholders or managers. But one thing is absolutely clear: Delaware corporate law cares not at all about employees, communities, customers, or other stakeholders, except insofar as shareholders also gain.


The Limits Of Free Speech: A Debate, Kent Greenfield Dec 2015

The Limits Of Free Speech: A Debate, Kent Greenfield

Kent Greenfield

Participated in a debate about free speech and the problem of racism on campus.


The Role Of Corporate Governance In Creating And Ameliorating Economic Inequality, Kent Greenfield Nov 2015

The Role Of Corporate Governance In Creating And Ameliorating Economic Inequality, Kent Greenfield

Kent Greenfield

During the City Awake Festival for Social Impact, Professor Greenfield offered a lecture on the connection between corporate governance and economic inequality in America.


Loving And Hating Kennedy’S Opinion In Obergefell, Kent Greenfield Oct 2015

Loving And Hating Kennedy’S Opinion In Obergefell, Kent Greenfield

Kent Greenfield

Participated in a panel sponsored by The Clough Center for the Study of Constitutional Democracy; spoke about how there was much to hate, but also much to appreciate, in Kennedy's marriage equality opinion.


In Defense Of Corporate Persons, Kent Greenfield Oct 2015

In Defense Of Corporate Persons, Kent Greenfield

Kent Greenfield

This essay is a critique of this attack on corporate personhood. It explains that the corporate separateness - corporate “personhood” - is an important legal principle as a matter of corporate law. What’s more, as a matter of constitutional law, corporate “personhood” deserves a more nuanced analysis than has been typically offered in arguing in favor of an amendment to overturn Citizens United. Indeed, the concept of corporate “personhood” can in fact be marshaled in arguments against corporations being able to assert constitutional rights. In the nascent category of cases brought by corporations asserting rights of religious freedom, for example, …


A Skeptic's View Of Benefit Corporations, Kent Greenfield Oct 2015

A Skeptic's View Of Benefit Corporations, Kent Greenfield

Kent Greenfield

Over the last few years there has been a shift in the core ideas of business with respect to corporate responsibility. A new type of business classification called benefit corporations is gaining popularity in the United States. Benefit corporations are required to have a positive impact on society and the planet, and to meet a higher level of accountability and transparency. However, will benefit corporations truly change the industry and world positively? This article provides for skepticism about the positive affects benefit corporations are purported to have on business. One reason is that benefit corporations are completely voluntary; thus, the …


The Damn Public: Corporations As Citizens, Kent Greenfield Oct 2015

The Damn Public: Corporations As Citizens, Kent Greenfield

Kent Greenfield

Presentation at the University of Iowa College of Law Faculty Colloquium.


Get Smart Fast: Cutting Edge Issues In Corporate Law, Kent Greenfield Sep 2015

Get Smart Fast: Cutting Edge Issues In Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.


Corporations As Citizens, Kent Greenfield Sep 2015

Corporations As Citizens, Kent Greenfield

Kent Greenfield

No abstract provided.


Marriage Equality Decision Was Not Just An Intellectual Exercise, Kent Greenfield Jun 2015

Marriage Equality Decision Was Not Just An Intellectual Exercise, Kent Greenfield

Kent Greenfield

No abstract provided.


Is The First Amendment Working?, Kent Greenfield Jun 2015

Is The First Amendment Working?, Kent Greenfield

Kent Greenfield

No abstract provided.


The U.S. Supreme Court's Cultivation Of Corporate Personhood, Kent Greenfield Jun 2015

The U.S. Supreme Court's Cultivation Of Corporate Personhood, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, When Rights Collide?: Religious Liberty, Equality And The Fall Out From Hobby Lobby, Kent Greenfield Jun 2015

Panelist, When Rights Collide?: Religious Liberty, Equality And The Fall Out From Hobby Lobby, Kent Greenfield

Kent Greenfield

No abstract provided.


Mlb Teams Should Pay For Fan Injuries, Kent Greenfield Jun 2015

Mlb Teams Should Pay For Fan Injuries, Kent Greenfield

Kent Greenfield

No abstract provided.


Keynote Speaker, National Business Law Scholars Conference, Kent Greenfield Jun 2015

Keynote Speaker, National Business Law Scholars Conference, Kent Greenfield

Kent Greenfield

No abstract provided.


The Importance Of German Corporate Law In The Debate Over Corporate Personhood In The Us, Kent Greenfield May 2015

The Importance Of German Corporate Law In The Debate Over Corporate Personhood In The Us, Kent Greenfield

Kent Greenfield

Public lecture at Bucerius Law School comparing German and US corporate governance.


How To Develop Your Voice As A Public Intellectual, Kent Greenfield Apr 2015

How To Develop Your Voice As A Public Intellectual, Kent Greenfield

Kent Greenfield

Presentation at a Northeastern Law School Faculty Colloquium.


Faculty Colloquium, Kent Greenfield Apr 2015

Faculty Colloquium, Kent Greenfield

Kent Greenfield

No abstract provided.


The Limits Of Free Speech, Kent Greenfield Mar 2015

The Limits Of Free Speech, Kent Greenfield

Kent Greenfield

No abstract provided.


The Limits Of Free Speech, Kent Greenfield Mar 2015

The Limits Of Free Speech, Kent Greenfield

Kent Greenfield

No abstract provided.


Keynote Speaker, Théorie De L'Enterprise. Modèles De Gouvernance & Crèation Collective, Kent Greenfield Feb 2015

Keynote Speaker, Théorie De L'Enterprise. Modèles De Gouvernance & Crèation Collective, Kent Greenfield

Kent Greenfield

No abstract provided.


If Corporations Are People, They Should Act Like It, Kent Greenfield Jan 2015

If Corporations Are People, They Should Act Like It, Kent Greenfield

Kent Greenfield

No abstract provided.


Corporate Law's Original Sin, Kent Greenfield Dec 2014

Corporate Law's Original Sin, Kent Greenfield

Kent Greenfield

No abstract provided.


Let Us Now Praise Corporate Persons, Kent Greenfield Dec 2014

Let Us Now Praise Corporate Persons, Kent Greenfield

Kent Greenfield

Also appeared as "If Corporations are People They Should Act Like It," on TheAtlantic.com, January 30, 2015.


Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield Nov 2014

Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield

Kent Greenfield

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