Tenured and Tenure-Track Faculty
Mark J. Loewenstein

Monfort Professor of Commercial Law
Business Associations; Securities Law; Contracts

University of Colorado Law School
428 Wolf Law Building
401 UCB
Boulder, CO  80309-0401
Phone: (303) 492-7102
E-mail: mark.loewenstein@colorado.edu

Curriculum Vitae:  View (PDF format)

Educational Background:
J.D.   University of Illinois, Champaign-Urbana   1974   cum laude
A.B.   University of Illinois, Champaign-Urbana   1969  

Bio:
Mark Loewenstein joined the faculty of Colorado Law School in 1979, leaving a business law practice in a Chicago law firm. His research interests center on business associations, agency law and securities law, with a particular interest in corporate governance, and he has had articles published in a variety of law reviews, including the Duke Law Journal, the Southern California Law Review, and the Georgetown Law Journal. During the 1990-91 academic year, he was a Fulbright scholar and visiting professor of law at Hokkaido University in Sapporo, Japan, and presented papers at various Japanese law schools on topics ranging from corporate law to U.S. constitutional law. In 1999, Professor Loewenstein was a visiting professor of law at the University of Michigan Law School. During his career, Professor Loewenstein has actively served both the Law School and the State of Colorado. In addition to serving on numerous committees, he was associate dean for academic affairs for nine years and the associate dean for research for four years. From 1995 to 2000, he served as a member of the state's Securities Board, which oversees the Colorado Commissioner of Securities. He has also been an active member of the Colorado Bar Association's Corporate Law Revision Committee, including the subcommittee that drafted the 1994 Colorado Business Corporation Act. He co-authored the comments to that Act. From 1999 to 2005 served as a delegate to the ABA House of Delegates and is an active member of the ABA's business law committee.


Published Books

Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC in a Nutshell, (Thomson/West, 5th ed.) (2012).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC--The Law of Unincorporated Business Enterprises: Cases, Materials, and Problems, 8th ed. (2011).
Loewenstein Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC: The Law of Unincorporated Business Enterprises: Cases, Materials, Problems, (LexisNexis, abr. 8th ed.) (2011).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC: The Law of Unincorporated Business Enterprises: Cases, Materials, Problems, (LexisNexis, abr. 8th ed.) (2011).
Loewenstein (with Douglas M. Branson, Joan MacLeod Heminway, Marc I. Steinberg, and Manning G. Warren), Business Enterprises: Legal Structures, Governance and Policy: Cases, Materials, and Problems, (LexisNexis Matthew Bender) (2009).
Loewenstein (with Douglas M. Branson, Joan MacLeod Heminway, Marc I. Steinberg, and Manning G. Warren), Business Enterprises: Legal Structures, Governance and Policy: Cases, Materials, and Problems, (LexisNexis Matthew Bender 2nd ed.) (2009).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC in a Nutshell, (Thomson/West, 4th ed.) (2008).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC: The Law of Unincorporated Business Enterprises: Cases, Materials, Problems, (LexisNexis, abr. 7th ed.) (2008).
Loewenstein (with J. Dennis Hynes), Agency, Partnership and the LLC: The Law of Unincorporated Business Enterprises: Selected Statutes and Form Agreements, 2008 Edition (LexisNexis) (2008).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC--The Law of Unincorporated Business Enterprises: Cases, Materials, and Problems, 7th ed. (2007).
Loewenstein (with J. Dennis Hynes), Agency, Partnership and the LLC: The Law of Unincorporated Business Enterprises, (7th Ed. abridged version) (2007).
Loewenstein (with J. Dennis Hynes), Selected Statutes and Form Agreements, (for Agency, Partnership and the LLC: The Law of Unincorporated Business Enterprises, 2007 Ed.).
Loewenstein (with J. Dennis Hynes), Teacher's Manual, (for Agency, Partnership and the LLC: The Law of Unincorporated Business Enterprises, 2007 Ed.).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC in a Nutshell, 3d ed. (2005).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC: The Law of Unincorporated Business Enterprises: Cases, Materials, and Problems, abr. 6th ed. (2003).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC : The Law of Unincorporated Business Enterprises: Selected Statutes and Form Agreements, 2003 ed. (2003).
Loewenstein (with J. Dennis Hynes), Agency, Partnership, and the LLC--The Law of Unincorporated Business Enterprises: Cases, Materials, and Problems, 6th ed. (2003).

Articles

Benefit Corporations: A Challenge to Corporate Governance (forthcoming, THE BUSINESS LAWYER, August, 2013).
Imputation, The Adverse Interest Exception, and the Curious Case of the Restatement (Third) of Agency (84 UNIVERSITY OF COLORADO LAW REVIEW 305 (2013)).
Limited Liability Companies: A Governance Perspective (a chapter in SAGE HANDBOOK ON CORPORATE GOVERNANCE, Spring, 2012).
Veil Piercing to Non-owners: A Practical and Theoretical Inquiry, 41 Seton Hall Law Review 839 (2011).
Wilkes v. Springside Nursing Home, Inc.: An Historical Perspective (forthcoming, Western New England Law Review, Fall, 2011).
The Diverging Meaning of Good Faith, 34 DELAWARE JOURNAL OF CORPORATE LAW 433 (2009)(reprinted in 43 BANK AND CORPORATE GOVERNANCE.LAW REPORTER 305 (2009)).
A Perspective on Federal Corporation Law, 2 J. Bus. & Tech. L. 425 (Conference: The Fall and Rise of Federal Corporation Law) (2007).
Fiduciary Duties and Unincorporated Business Entities: In Defense of the "Manifestly Unreasonable" Standard, 41 Tulsa L. Rev. 411 (2006).
Merrill Lynch v. Dabit: Federal Preemption of Holders' Class Actions, 34 Sec. Reg. L.J. 209 (2006).
The Supreme Court, Rule 10b-5 and the Federalization of Corporate Law, 39 Ind. L. Rev. 17 (2005).
Loewenstein (with William K.S. Wang), The Corporation as Insider Trader, 30 Del. J. Corp. L. 45 (2005).
The Quiet Transformation of Corporate Law, 57 SMU Law Rev. 353 (2004).
Beam v. Stewart: Friendship is Not Enough, 18 Insights 22 (2004).
Stakeholder Protection in Germany and Japan, 76 Tulane L. Rev. 1673 (2002).
The Wharf (Holdings) Ltd. v. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Securities Regulation Law Journal (2001).
Unocal Revisited: No Tiger in the Tank, Journal of Corporation Law (2001).
Does a Corporation Owe a Fiduciary Duty to Its Shareholders?, 15 Insights 10 (2001).
The Conundrum of Executive Compensation, 35 Wake Forest L. Rev. 1 (2000).
Delaware as Demon: Twenty-five Years After Professor Cary's Polemic, 71 U. Colo. L. Rev. 497 (2000).
Chesapeake v. Shore: The Delaware Chancery Court Considers Defensive Bylaw Amendments, Corp. Gov. Adv. (2000).
Rethinking Statutory Antiwaiver Provisions Following the Lloyd's of London Litigation, 27 Securities Regulation Law Journal 48 (1999).
Malone v. Brincat: An Expansion of Corporate Fiduciary Duties?, Corporate Governance Advisor (1999).
Shareholder Derivative Litigation and Corporate Governance, 24 Del. J. Corp. L. 1 (1999).
The Corporate Director's Duty of Oversight, 27 Colorado Lawyer 33 (1998).
True North Communications, Inc. v. Publicis S.A.: A Case of Plain Meaning or Not?, Insights (1998).

Book Chapters

Limited Liability Companies: A Governance Perspective, in Sage Handbook on Corporate Governance 81 (Thomas Clarke & Douglas Branson eds., 2012).
Loewenstein (with Ann E. Conaway), Case Law Update and Colorado v. Delaware Entities, in, 8th Annual Business Law Institute (Continuing Legal Educ. in Colo.) (2008).
Case Law Update: Review of Important Colorado Cases, in 7th Annual Business Law Institute (Continuing Legal Educ. In Colo.) (2007).

Book Reviews

Book Review, International Securities Law: A Contemporary and Comparative Analysis (by Professor Marc I. Steinberg), 28 Securities Regulation Law Review (2000).

Press, Media & Publicity

A David vs. Goliath battle emerges in the fight for dialysis dollars | The Gazette (Colorado Springs) | Friday, June 26, 2009

Courses:

Fall 2014 Contracts LAWS 5121-802
Fall 2014 Corporations LAWS 6211-001
Spring 2014 Corporations LAWS 6211-001
Fall 2013 Contracts LAWS 5121-803
Fall 2013 Agency, Partnership and the LLC LAWS 6201-001
Spring 2013 Corporations LAWS 6211-001
Spring 2013 Securities Litigation and Enforcement LAWS 8401-001
Fall 2012 Agency, Partnership and the LLC LAWS 6201-001