Daniel J.H. Greenwood

Professor of Law

A.B., Harvard College
J.D., Yale Law School

Dan Greenwood

Biography

Daniel J. H. Greenwood joined the Hofstra faculty in 2007 from the University of Utah's S.J. Quinney College of Law, where he held the position of S.J. Quinney Professor of Law. Professor Greenwood received his A.B. magna cum laude from Harvard College, pursued graduate studies in political science at the Hebrew University of Jerusalem, and received his J.D. from the Yale Law School, where he was an editor of the Yale Law Journal. Before entering the academy, Dan Greenwood clerked for U.S. District Court Judge Richard Owen in New York and litigated for Cleary, Gottlieb, Steen & Hamilton in New York City.

Professor Greenwood's research interests lie in the structure and rights of business organizations and other artificial and natural groups; problems of corporate governance, corporate collective responsibility, and the membership and boundaries of the firm; the intersection of democratic theory and corporate law; and problems of group rights in an individualist democracy. He has published numerous law review articles, book chapters and popular opinion pieces on corporate law, corporate speech rights, and the role of corporations in politics, as well as on minority religious rights and related topics. He recently authored a Supreme Court brief in the Vermont campaign reform case.

Prof. Greenwood currently teaches courses in corporate finance, business organizations, and torts. He has also taught constitutional law II (civil and political rights), commercial law, not-for-profit organizations, comparative law (generally and specifically Jewish law), corporate income tax, and seminars on advanced corporate law, Jewish law, groups and the law, and the Federalist Papers.

Current Courses, Syllabi and some Supplemental Course Materials

Corporations, Torts, Business Organizations, Advanced Corporate Law Seminar, Corporate Finance, Not-for-profits, Jewish Law, Constitutional Law II (Civil Rights)

Curriculum Vitae

Academic C.V.
Short C.V.

Scholarship Highlights

Works in Progress

The Strange History of the Internal Affairs Doctrine
Do Corporations Have Second Amendment Rights
The Menace of the First Amendment
Corporations and the Constitution
The Ideological Crisis of Corporate Law: Rescuing the Great American Job Machine
Are Corporations Constitutional Persons
Why Do Corporations Issue Dividends
Corporate Law for the Rest of Us: Reform Proposals

Articles

A Progressive View of Corporations and Corporate Law: A report for Demos (2013)

FCC v. AT&T: Impersonal Privacy and the Idolatry of Corporations, 2011 Harvard Law & Policy Review On-Line. Download from SSRN

Stories of Shareholder Supremacy, 2009 Michigan State Law Review 1049-1081 (invited essay, Symposium Issue-Narratives of Corporate Law)

Looting: The Puzzle of Private Equity , 3 Brooklyn Journal of Corporate, Financial and Commercial Law 89-125 (2008) (invited essay, Symposium Issue-The “Going Private” of U.S. Capital Markets)

Should Corporations Have First Amendment Rights?, 30 Seattle Law Review 875-885 (2007) (invited essay, Symposium Issue-Corporations & the First Amendment: Examining the Health of Democracy).

The Dividend Problem: Are Shareholders Entitled to the Residual, or Faith Based Investing: Why Economics Can't Explain Shareholder Returns, 32 Journal of Corporation Law 103-159 (2006). HTML (web) or printable (pdf/adobe) version.

The Mysterious Race to the Top/Bottom, 23 Yale Law and Policy Review 381-454 (2005). HTML (web) or printable (pdf/adobe) version.

The Semi-Sovereign Corporation.

Introduction to the Metaphors of Corporate Law, 4 Seattle Journal for Social Justice 273-295 (2005) (invited essay, Symposium Issue-New Strategies for Justice Conference: Linking Corporate Law with Progressive Social Movements, sponsored by the Equal Justice Society, the Center on Corporations, Law & Society at Seattle University School of Law and the UCLA School of Law Critical Race Studies Concentration); reprinted in Institute of Chartered Financial Analysts of India (ICFAI) Journal for Corporate and Securities Law (Hyderabad, India) (February 2007). HTML (web) or printable (pdf/adobe) version.

Markets & Democracy: The Illegitimacy of Corporate Law, 74 University of Missouri-Kansas City Law Review 41-105 (2005). HTML (web) or printable (pdf/adobe) version.

Discussing Corporate Misbehavior: The Conflicting Norms of Market, Agency, Profit and Loyalty, 70 Brooklyn Law Review 1213-1237 (2005) (invited essay, Symposium Issue-Brooklyn Law School/Alfred P. Sloan Foundation Conference on Corporate Misbehavior by Elite Decision-Makers: Perspectives from Law and Social Psychology). HTML (web) or printable (pdf/adobe) version.

Enronitis: Why Good Corporations Go Bad, 2004 Columbia Business Law Review 773-848 (2004). HTML (web) or printable (pdf/adobe) version.

Gendered Workers/Market Equality, 12 Texas Journal of Women and the Law 323-343 (2003) (invited essay, Subversive Legacies Symposium Issue). HTML (web) or printable (pdf/adobe) version.

Restorative Justice & The Jewish Question, 2003 Utah Law Review 533-562 (2003) (invited essay, Utah Restorative Justice Conference). HTML (web) or printable (adobe/pdf) version.

Delaware and Democracy: The Puzzle of Corporate Law (shorter version available on SSRN as George Washington University Law School Working Paper #55) (2002).

Beyond the Counter-Majoritarian Difficulty: Judicial Decision-Making in a Polynomic World, 53 Rutgers Law Review 781-864 (2001). HTML (web) or printable (adobe/pdf) version.

First Amendment Imperialism (a response to Michael Walzer’s Leary Lecture), 1999 Utah Law Review 659-672 (1999). HTML (web) or printable (pdf/adobe) version.

Essential Speech: Why Corporate Speech Is Not Free, 83 Iowa Law Review 995-1070 (1998). HTML (web) or printable (pdf/adobe) version.

Akhnai: Legal Responsibility in the World of the Silent God, 1997 Utah Law Review 309-358 (1997 Symposium Issue -- New Approaches to Comparative Law). HTML (web) or printable (pdf/adobe) version.

Fictional Shareholders: ‘For Whom is the Corporation Managed,’ Revisited, 69 Southern California Law Review 1021-1104 (1996). HTML (web) or printable (pdf/adobe) version.

Beyond Dworkin’s Dominions: Investments, Memberships, The Tree of Life and the Abortion Question (an Abortion Midrash), 72 Texas Law Review 559-630 (1994). HTML (web) or printable (pdf/adobe) version.

Book Chapters

The Semi-Sovereign Corporation, in James Charles Smith (ed.), Property and Sovereignty: Legal and Cultural Perspectives (Ashgate 2013).

The End of Cross Subsidization: University Finances and Online Learning, in Yale ISP, Christine Greenhow and Julia Sonnevend, Innovative Business Models (MIT Information Society Series, forthcoming).

An Eye for An Eye, in Michael Walzer, et al. (eds.), III The Jewish Political Tradition (Yale University Press, forthcoming).

Faith Based Investing: Are Shares Entitled to the Residual? in Dana Gold (ed.), Law and Economics: Towards Social Justice, Vol. 24 of Research in Law and Economics (Emerald Pub-Macmillan 2009). HTML (web) or printable (pdf/adobe) version.

Torts in Corporate Law: Do Corporations Have a Fiduciary Duty to Commit Torts? in M.N. Bhavani (ed.) Tortious Liability Emerging Trends (Hyderabad: Icfai University Press 2008).

Utah's Constitution: Distinctively Undistinctive (with Chief Justice Christine Durham and Kathy Wyer), in George E. Connor & Christopher W. Hammons (eds.), The Constitutionalism of American States (University of Missouri Press 2006). HTML (web) or printable (pdf/adobe) version.

Team Spirit: Doing Bad Things in the Cause of Good, in William A. Myers (ed.), The Range of Evil: Multidisciplinary Studies in Human Wickedness 5-16 (Interdisciplinary Press, 2006). HTML (web) or printable (pdf/adobe) version.

Monumental Fragility, in Edwin Firmage (ed.), A Gift To Be Simple (2001).

Fictional Shareholders, abridged and reprinted in Thomas W. Joo (ed.), Corporate Governance: Law Theory and Policy (Carolina Academic Press 2004).

Book Reviews and Encyclopedia Entries

First National Bank v. Bellotti, in David S. Tanenhaus (ed.), Encyclopedia of the Supreme Court of the United States (Macmillan/Gale 2008).

Free Speech in Private Corporations, in Paul Finkelman (ed.), The Encyclopedia of American Civil Liberties (Routledge 2006).

Book Review: Corporate Governance in Government Corporations by Michael J. Whincop, 15 Law & Politics Book Review 518-522 (2005).

Book Review: Corporate Irresponsibility by Lawrence Mitchell, 12 Law & Politics Book Review 201-204 (2002).

Book Review: Corporate Power in Civil Society, an Application of Societal Constitutionalism by David Sciulli, 11 Law & Politics Book Review 249-254 (2001); translated and reprinted in Journal of Legal and Economic Studies (Beijing, China) (in Chinese) (2005); Reply by Reviewer to Author’s Response, 11 Law & Politics Book Review 302-304 (2001).

Supreme Court Amicus Briefs

Brief in support of certiorari of Amicus Curiae Free Speech for People in American Tradition Partnership, Inc. v. Steve Bullock, Attorney General of the State of Montana, U.S. Supreme Court Docket #11-1179, May, 2012 (co-authored with Ben Clements and John Bonifaz).

Brief of Amicus Curiae American Independent Business Alliance in Citizens United v. FEC, U.S. Supreme Court Docket #08-205, July, 2009 (co-authored with Brenda Wright, Demos).

Brief of Amicus Curiae ReclaimDemocracy.org in Randall v. Sorrell, U.S. Supreme Court Docket #04-1528, February 8, 2006.

A Better Deal: A Legislative Agenda For A Better American Future

The General Welfare: A Legislative Agenda for a Better American Future Website. (in development)

The General Welfare: A Legislative Agenda for a Better American Future Blog.


Lectures, Opinion, Letters, BLOGgarts, Non-Academic and other short pieces

(a partial selection)

Why We Teach Business Organizations,AALS Conference, Section on Business Organizations, January 4, 2014.
The Constitutional Status of Corporations: Persons, Citizens or State?, Southwestern Law School, November 1, 2013.
Why Adam Was Created Alone (study materials), Kane Street Synagogue Open Beit Midrash, October 22, 2013.
What's Wrong WIth Idolatry (study materials), Kane Street Synagogue Open Beit Midrash, October 15, 2013.
The Law of the King (study materials), Kane Street Synagogue Open Beit Midrash, October 8, 2013.
Isaiah 57 and Leviticus 16 - God's Silence and Human Voices, Kane Street Synagogue, Yom Kippor 5774 (September 14, 2013).
Do Corporations Have Second Amendment Rights, Hofstra Law School, July 1, 2013. (Draft paper)
The Importance of Corporate Speech, Annual Symposium of the U. Penn. Journal of Business Law, "Citizens United: Examining the Necessity of Corporate Political Speech and its Governance," University of Pennsylvania Law School, February 8, 2013.
Guns, Video Games and the Cost of Corporate 'Free' Speech, The Atlantic Magazine, January 23, 2013. Reprinted or excerpted at Alternet, Findlaw and George Mason History News Network. Discussed on NPR, the Brian Lehrer show.
Capital Punishment in Jewish Law (study materials), Kane Street Synagogue Beit Midrash January 8, 2013.
Eye for an Eye: Retribution in Jewish Law (study materials); (notes), Kane Street Synagogue Beit Midrash January 8, 2013.
The Menace of the First Amendment (talk), Third Annual Constitutional Law Colloquium, Loyola (Chicago) Law School, November 2-3, 2012. (Longer draft: The Menace of the First Amendment (draft).)
Corporations and the Constitution, Boston College Law School (Brudney-Greenfield seminar), October 16, 2012.
Should Corporations Have Speech Rights? Hofstra Law: Presidential Debate 2012: Should Corporations Have Speech Rights-A Discussion of Contrasting Views, October 3, 2012.
Leviticus 16 - Scapegoats, the Death of Aaron's Sons, and the Idolatry of Religion, Kane Street Synagogue, Yom Kippor 5773 (September 26, 2012).
Is Marriage Constitutional? , Dissent Magazine Arguing the World, July 9, 2012.
Human Rights for Human Beings, Dissent Magazine Arguing the World, June 26, 2012.
The Crisis of Corporate Law and Occupy Wall Street, Hofstra University Deane School of Law Teach-in on Why Occupy Wall Street, October 19, 2011. Printable PDF.
Child Sacrifice: Ishmael, Isaac and Samuel, Kane Street Synagogue, Rosh HaShana 5772 (September 29, 2011).
Breaching the Social Contract is Not Brave, Dissent Magazine Arguing the World, August 10, 2011.
The Appalling Debt Limit Deal, Dissent Magazine Arguing the World, August 1, 2011.
What To Do About the Debt Ceiling, Dissent Magazine Arguing the World, July 25, 2011.
Unemployment is a Political Choice, Dissent Magazine Online, June 2, 2011.
The Problem With Merit Scholarships, New York Times Sunday Business Section (letter), May 8, 2011.
Market Irrationality in the Law School 'Arms Race', The Huffington Post, May 6, 2011. (Partially reprinted at TaxProf Blog)
The Real Source of Rising Health Care Costs -- Why Representative Ryan is Wrong, Dissent Magazine Online, April 26, 2011.
Calvin Coolidge Lives! A Budget of Shame, Dissent Magazine Arguing the World, April 11, 2011.
Taking Consequences Seriously: Reponse to Yascha Mounk on Nuclear Power, Dissent Magazine Arguing the World, March 28, 2011.
Does Liberal Individualism Lead to Nuclear Crisis?, Dissent Magazine Arguing the World, March 18, 2011.
The Class War Isn't New, Dissent Magazine Arguing the World, March 1, 2011.
Free Lunch: Fix the Dams, Dissent Magazine Arguing the World, February 23, 2011.
Medicare For All, Dissent Magazine Arguing the World, February 10, 2011.
Misreading the Commerce Clause: State of Florida v. US Dept of Health and Human Services, Dissent Magazine Arguing the World, February 4, 2011.
Inequality causes low growth - response to Tyler Cowen, New York Times Economix blog comment, February 4, 2011.
The General Welfare: Health Care Finance Reform and the Commerce Clause, Dissent Magazine Arguing the World, February 1, 2011.
Lochner's Return: Citizens United One Year Later, ACSBlog American Constitution Society Symposium marking the one year anniversary of Citizens United v. FEC, January 31, 2011.
What's Wrong With Citzens United: The Supreme Court's Attack on the First Amendment, Republican Democracy and Market Capitalism, Talk at AALS Conference, San Francisco, January 7, 2011.
Prosperity Comes From Justice, Not Austerity, Dissent Magazine Online, October 20, 2010.
Mortgage Price Fixing: Alexander Hamilton to the rescue!, Dissent Magazine Arguing the World, October 19, 2010.
Handouts and Hoarding: Government and Jobs, Dissent Magazine Arguing the World, October 13, 2010.
Can We Use Corporate Governance to Combat Climate Change? (video), a panel discussion at Baruch College, CUNY, October 7, 2010.
Listening and Laughter: Ishmael and Isaac, Kane Street Synagogue, Rosh HaShana 5771 (September 9, 2010).
Government Bad / Corporations Good, Dissent Magazine Arguing the World, June 3, 2010.
On the Cynicism of Lobbyists and the Ignorance of Reporters, Dissent Magazine Arguing the World, May 27, 2010.
Schwarzenegger's budget cuts, Dissent Magazine Arguing the World, May 21, 2010.
Is the United States Like Greece?, Dissent Magazine Arguing the World, May 18, 2010.
Towards a New Corporate Constitutionalism (Responding to Dworkin), Dissent Magazine Arguing the World, May 10, 2010.
David Brooks And Reverse Robin Hood Policies, Dissent Magazine Arguing the World, May 5, 2010.
Citizens United Should Be Corrected, New York Law Journal, March 26, 2010.
Restoring Democracy After Citizens United: Restraining Corporate Money, Huffington Post, March 16, 2010.
Do Corporations Have Constitutional Rights (video), a discussion with Daniel Greenwood and Larry Ribstein, moderated by Michael McConnell with commentary by Joseph Grundfest and Kathleen Sullivan, Stanford Law School, March 5, 2010.
Money is Speech: Why the Citizens United v. FEC Ruling is Bad for Democracy and Market, Dissent Magazine, March 3, 2010.
Citizens United v. FEC: A Step Forward or a Step Backward for Freedom and Democracy, video excerpts from a panel discussion, Hofstra University School of Law, February 22, 2010. (Unedited video available here).
Beyond Citizens United v. FEC: The Solution, American Constitution Society Blog, invited guest post, January 21, 2010.
Fixing Hofstra's Failed Parking Policies: An Essay in Honor of the Anniversary of the Fall of the Berlin Wall, November 9, 2009.
Corporate "Speech" Rights? Idolatry!, New York Times, Sunday September 27, 2009.
The Akedah (Sacrifice of Isaac), Kane Street Synagogue, Rosh HaShana 5770 (September 20, 2009). (printable version)
The Reputation of Torture, New York Times, April 24, 2009.
America's Secret Anti-Environment Tax: The AMT, SolveClimate.Com, April 15, 2009.
The Alternative Minimum Tax (AMT) Punishes Autonomous States, Newsday, April 8, 2009; reprinted in slightly different form in the Daily Kos as It's (Alternative Minimum) Tax Time.
Wait for AIG employees to give back bonuses? No -- Get them back, The New York Daily News, March 19, 2009.
How to recoup the AIG bonuses: Let them eat cake, The Huffington Post, March 18, 2009.
A New York Minute with Dan Greenwood: How to Use Corporate Law to Reduce Corporate CO2 Emissions, a video interview by SolveClimate.Com, February 28, 2009.
A New York Minute with Dan Greenwood: Why the Recession is a Good Time to Invest in Green Infrastructure, a video interview by SolveClimate.Com, The Huffington Post, January 27, 2009. Also available on YouTube.
Restoring Public Service to Private Enterprise, SolveClimate.com, October 28, 2008.
CEO Pay: Making or Taking?, The Huffington Post, October 27, 2008.
The Economic Crisis: Challenges for the Next President, a panel discussion in connection with the 2008 Presidential Debates at Hofstra University, October 15, 2008.
Conflict and Controversy: Leviticus and Isaiah, Kane Street Synagogue, Yom Kippor 5769 (October 9, 2008).
Congestion Pricing (parking meters), New York Times, Sunday July 1, 2007.
Liberty is for Citizens, not Dollars: Randall v. Sorrell got it wrong, Salt Lake Tribune, Sunday July 2, 2006.
If Dividends Are Tips, Brooklyn Law School, March 1, 2006.
Are Shareholders Entitled to the Residual?, Hofstra University School of Law, February 8, 2006.
Corporate law reform proposals (with Kent Greenfield): Position Paper/Talking Points (HTML or printable version)and Proposed Statutory Text (HTML or printable version), December 20, 2005.
Proposed Religious Holiday and Diversity Protection Policy -- Salt Lake City School District, December 15, 2005.
No Freedom in this Tower (rebuilding the World Trade Center), New York Times, July 1, 2005.
Translation of Mordechai Katznelson, The Jews in the Villages, from the Bobruisk Memorial Book, Y. Slutski, ed. (1967), June 17, 2005.
The History of Constitutional Law in One Hour, West High School, April 27, 2005. HTML or printable version.
The Stubborn and Rebellious Son (discussion materials), Cong. Kol Ami, SLC, March 14, 2005. English texts.
The Semi-Sovereign Corporation, Brooklyn Law School International Economic Law Forum, March 3, 2005. HTML or printable version.
Torts Thoughts, Dec 2004.
Amendment 3: Radical and Wrong (the Utah anti-marriage amendment), Deseret News, SLC, Sunday October 10, 2004.
Internet Privacy, Academic Freedom & Abu Ghraib, Salt Lake Tribune, Sunday September 26, 2004.
Preservation of Academic Freedom Resolution, adopted by University of Utah Faculty Senate, August 30, 2004.
Limiting Marriage by Constitutional Amendment? Salt Lake Tribune, July 6, 2004.
Don't Amend: The Proposed Utah Marriage Amendment, July 1, 2004.
Enronitis, the Failure of Shareholder Centeredness, Teams and the Corporation as Polis, Law & Society Association, May 29, 2004.
The High Road to Jobs: Education, May 6, 2004.
Recreational Network, Salt Lake Tribune, May 5, 2004.
Universalism vs. Particularism and the problem of membership: Giving Torah at Sinai, Cong. Kol Ami, Erev Shavuot, April 25, 2004.
The Metaphors of Corporate Law, University of Denver College of Law, April 20, 2004. HTML or printable version.
Justice, Morality, the American Way and Gay Marriage, Salt Lake Tribune, Sunday March 21, 2004.
Fictional Shareholders and Enronitis (invited essay presented at Cornell Corporate Citizens in Corporate Cultures: Restructuring and Reform Conference), Sept 13, 2002.
Living Rooms and Marketplaces: BFOQs and Discrimination Norms, Religionlaw.
The Oven of Akhnai, J. Reuben Clark Law Society.
Law & Justice in the World of the Silent God: The Oven of Achnai, Episcopal Church of St. Paul.
Parashat Hukat (Numbers 19) I: The Mystery of the Red Heifer, or, The Necessity of Galut (exile), Cong. Kol Ami.
Parashat Hukat (Numbers 19) II: Miriam's Death and Moses' Sin, Cong. Kol Ami.
The Tree of Life: An Abortion Midrash (1994). HTML (web) or printable (pdf/adobe) version.
Why There Will Never Be School Prayer (and why it might not be so bad if there were), New York Newsday; Salt Lake Tribune.
Freedom of Religion in Utah, Salt Lake Tribune.
Why The States?, New York Newsday.
Law Matters: A Critique of the Coase Theorem.
Desires and Politics (undergraduate thesis). HTML (web) or printable (pdf/adobe) version.
Utah Hillel website
Gantzeh Galus Guide -- Jewish Survival & Revival In the Deep Diaspora

Mass Transit Schedule

Hofstra to Brooklyn or Manhattan via LIRR.
Flatbush Ave (Brooklyn) to Hofstra via LIRR.
Penn Station (NYC) to Hofstra via LIRR.
Unfortunately, the Hofstra Courtesy Bus (Blue Beetle) is often slower than walking.
Fixing Hofstra's Failed Parking Policies: An Essay in Honor of the Anniversary of the Fall of the Berlin Wall, November 9, 2009.