Andrew Schwartz
 |
Professor of Law
401 UCB
2450 Kittredge Loop Drive
Wolf Law Building
Boulder, CO 80309
Office: 470B
Phone: (303) 492-8724
E-mail: andrew.schwartz@colorado.edu
Curriculum Vitae: View (PDF format)
| Educational Background: | |||
| J.D. | Columbia University | 2001 | |
| Sc.B. | Brown University | 1998 | |
Andrew A. Schwartz joined the Colorado Law faculty in 2008 and was named the Laurence W. DeMuth Chair of Business Law in 2024. He teaches and publishes on corporate, securities and contract law, and has become an internationally recognized expert on investment crowdfunding. In 2017, Professor Schwartz served as a Fulbright Research Scholar at the University of Auckland Law School in New Zealand, where he has regularly returned as a visiting professor.
Professor Schwartz earned an Sc.B. in Civil Engineering from Brown University and a J.D. from Columbia University, where he served on the Columbia Law Review and was named a James Kent Scholar (top honors) all three years. Before entering academia, he clerked for Judge William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit and Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York. Following his clerkships, Professor Schwartz practiced corporate law in New York at Wachtell, Lipton, Rosen & Katz.
Professor Schwartz is the author of one book, Investment Crowdfunding, published by Oxford University Press, as well as more than forty scholarly publications. His major articles have appeared in leading flagship law reviews including the UCLA Law Review, Minnesota Law Review, and Notre Dame Law Review, top specialty journals such as the Yale Journal on Regulation and Harvard Business Law Review, and peer-reviewed journals like the New Zealand Law Review.
Professor Schwartz has won numerous national awards for his scholarship, including the AALS Scholarly Paper Competition and the Federalist Society Young Legal Scholars Paper Competition. At Colorado Law, Professor Schwartz has received the Provost's Award for Faculty Achievement, the Gilbert Goldstein Faculty Fellowship, the Sandgrund Award, and the Outstanding New Faculty Award. His research is frequently cited and relied upon by courts and commentators across the country and around the world, including numerous citations by the Delaware Court of Chancery, the nation's leading venue for corporate law.
Forthcoming
| Ghosting the Crowd, 82 Washington and Lee Law Review __ (forthcoming 2025). |
Published Books
| Investment Crowdfunding, Oxford University Press (2023). |
Articles
| Frustration, the MAC Clause and COVID-19, 55 U.C. Davis Law Review 1771 (2022). |
| Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis, 178 Journal of Business Ethics 403 (2022). |
| Mandatory Disclosure in Primary Markets, 2019 Utah Law Review 1069 (2019). |
| The Gatekeepers of Crowdfunding, 75 Washington and Lee Law Review 885 (2018). |
| Equity Crowdfunding in New Zealand, 2018 New Zealand Law Review 243. |
| Financing Corporate Elections, 41 Journal of Corporation Law 863 (2016). |
| The Digital Shareholder, 100 Minnesota Law Review 609 (2015). |
| Corporate Legacy, 5 Harvard Business Law Review 237 (2015). |
| Crowdfunding Securities, 88 Notre Dame Law Review 1457 (2013). |
| The Corporate Preference for Trade Secret, 74 Ohio State Law Journal 623 (2013). |
| The Perpetual Corporation, 80 George Washington Law Review 764 (2012). |
| Consumer Contract Exchanges and the Problem of Adhesion, 28 Yale Journal on Regulation 313 (2011). |
| A 'Standard Clause Analysis' of the Frustration Doctrine and the Material Adverse Change Clause, 57 UCLA Law Review 789 (2010). |
| The Patent Office Meets the Poison Pill: Why Legal Methods Cannot Be Patented, 20 Harvard Journal of Law & Technology 333 (2007). |
Book Chapters
| Social Enterprise Crowdfunding in New Zealand, in THE CAMBRIDGE HANDBOOK OF SOCIAL ENTERPRISE LAW 209 (Cambridge University Press, Yockey & Means eds. 2018). Funded by United States Fulbright Research Scholar Award, 2017. |
Essays
| Investment Crowdfunding: Anarchy in the UK?, 5 Brown Undergraduate Law Review, no.2, 99 (2024). |
| Response to The Future of Startup Finance: A Symposium on INVESTMENT CROWDFUNDING, 22 Colorado Technology Law Journal 265 (2024). |
| Contracts and COVID-19, 73 Stanford Law Review Online 48-60 (2020). |
| Crowdfunding Issuers in the United States, 61 Washington University Journal of Law & Policy 155-71 (2020). |
| Inclusive Crowdfunding, 2016 Utah Law Review 661. |
| The Nonfinancial Returns of Crowdfunding, 34 Review of Banking & Financial Law 565 (2015). |
| Quarterback by Committee: A Response in Memory of Dan Markel, 6 Harvard Journal of Sports and Entertainment Law 159 (2015). |
| Teenage Crowdfunding, 83 University of Cincinnati Law Review 515 (2014). |
| Arbitration and the Contract Exchange, 29 Ohio State Journal on Dispute Resolution 299 (2014). |
| Rural Crowdfunding, 13 U.C. Davis Business Law Journal 283 (2013). |
| Keep it Light, Chairman White: SEC Rulemaking Under the CROWDFUND Act, 66 Vanderbilt Law Review En Banc 43 (2013). |
| Old Enough to Fight, Old Enough to Swipe: A Critique of the Infancy Rule in the Federal Credit CARD Act, 2011 Utah Law Review 407. |
| Patents on Legal Methods? No Way!, 107 Columbia Law Review Sidebar 1 (2007). |
Online Essays
| McRitchie v. Zuckerberg: Fiduciary Duties are Firm-Specific, COLUMBIA LAW SCHOOL BLUE SKY BLOG, May 31, 2024. |
| A Missing Piece in Regulation Crowdfunding, PROFESSORBAINBRIDGE, Aug. 17, 2023. |
| How Brand Ambassadors Illustrate the Power of Private Ordering in Investment Crowdfunding, COLUMBIA LAW SCHOOL BLUE SKY BLOG, July 14, 2023. |
| New Book on Investment Crowdfunding, OXFORD BUSINESS LAW BLOG, July 6, 2023. |
| A COVID-19 Quandary: Does a Force Majeure Clause Displace the Frustration Doctrine?, COLUMBIA LAW SCHOOL BLUE SKY BLOG, Apr. 6, 2021. |
| Which Companies Crowdfund?, COLUMBIA LAW SCHOOL BLUE SKY BLOG, May 29, 2020 Reprinted in OXFORD BUSINESS LAW BLOG, June 10, 2020. |
| Breaking contracts over coronavirus: Can you argue it's an 'act of God'?, THE CONVERSATION, Mar. 31, 2020. |
| Voluntary Disclosure for Primary Securities Offerings, COLUMBIA LAW SCHOOL BLUE SKY BLOG, Mar. 3, 2020 Reprinted in OXFORD BUSINESS LAW BLOG, Mar. 5, 2020; SECURITIES REGULATION DAILY, Mar. 19, 2020. |
| COVID-19: Impossible Contracts and Force Majeure, COLUMBIA LAW SCHOOL BLUE SKY BLOG, Aug. 11, 2020. |
| Equity Crowdfunding in New Zealand, OXFORD BUSINESS LAW BLOG, Oct. 30, 2018. |
| Resolving the Tension Between Efficiency and Inclusiveness in Crowdfunding, COLUMBIA LAW SCHOOL BLUE SKY BLOG, Sept. 27, 2018. |
| Inclusive Crowdfunding, OXFORD BUSINESS LAW BLOG, Jan. 3, 2017. |
| Financing Corporate Elections, HARVARD LAW SCHOOL FORUM ON CORPORATE GOVERNANCE AND FINANCIAL REGULATION, June 21, 2016. |
| Crowdfunding and the Digital Shareholder, HARVARD LAW SCHOOL FORUM ON CORPORATE GOVERNANCE AND FINANCIAL REGULATION, Feb. 2, 2016. |
| The Iliad and the IPO, HARVARD LAW SCHOOL FORUM ON CORPORATE GOVERNANCE AND FINANCIAL REGULATION, Aug. 12, 2015. Selected by THE BROWSER as one of the 100 best pieces of writing published online in 2015. |
| Young Hearts Be Free Tonight: The Promise of Teenage Crowdfunding, COLUMBIA LAW SCHOOL BLUE SKY BLOG, June 12, 2015. |
| Crowdfunding Securities: Two Novel Predictions, COLUMBIA LAW SCHOOL BLUE SKY BLOG, June 26, 2013. |
Selected Press, Media & Publicity
| How did God make it into millions of consumer contracts? | Los Angeles Times | Tuesday, December 24, 2019 |
| Crowdfunding for Companies | Law Week Colorado | Wednesday, September 18, 2019 |
| Fulbright Scholar Coming to Auckland Law School | University of Auckland Law School | Monday, August 29, 2016 |
| CU Boulder Law Professor Andrew Schwartz Awarded Fulbright Grant to Study Securities Crowdfunding | Boulder Daily Camera | Monday, August 22, 2016 |
| CU Law Professor Named Fulbright Scholar | Law Week Colorado | Friday, August 19, 2016 |
| SECURITIES AND EXCHANGE COMMISSION (Release No. 34-77879) | Securities and Exchange Commission | Friday, May 20, 2016 |
| Crowdfunding and the Digital Shareholder | Harvard Law School Forum on Corporate Governance and Financial Regulation | Tuesday, February 2, 2016 |
| Schwartz on Crowdfunding | Legal Theory Blog | Tuesday, December 29, 2015 |
| SEC OKs crowdfunding rules, even as Colorado's law has few takers | The Denver Post | Friday, October 30, 2015 |
| Homer in the Boardroom | BlogSpot.com | Friday, August 14, 2015 |
| The Iliad And The IPO: Corporate Legacy | ValueWalk.com | Monday, July 20, 2015 |
| The CARD Act: What It Is, New Rules & More | CardHub.com | Friday, February 14, 2014 |
| Expert FAQ: What Should Investors Know about Equity Crowdfunding? | nerdwallet | Monday, September 23, 2013 |
| Crowdfunding: Income or Gift? IRS Taxes and SEC Regulations Could Hurt Startups And Innovation On Kickstarter And Indiegogo | International Business Times | Friday, July 19, 2013 |
Courses:
| Fall 2025 | Contracts | LAWS 5121-801 |
| Fall 2025 | Corporations | LAWS 6211-801 |
| Spring 2025 | Corporations | LAWS 6211-801 |
| Fall 2024 | Contracts | LAWS 5121-801 |
| Fall 2024 | Contracts | LAWS 5121-803 |
| Spring 2024 | Seminar: Advanced Corporate Law | LAWS 8251-801 |
| Fall 2023 | Contracts | LAWS 5121-801 |
| Fall 2023 | Corporations | LAWS 6211-801 |
| Spring 2023 | Corporations | LAWS 6211-801 |
| Spring 2023 | Seminar: Advanced Corporate Law | LAWS 8251-801 |
| Fall 2022 | Contracts | LAWS 5121-801 |
| Spring 2022 | Corporations | LAWS 6211-801 |
| Spring 2022 | Seminar: Advanced Corporate Law | LAWS 8251-801 |
| Fall 2021 | Contracts | LAWS 5121-801 |
| Spring 2021 | Seminar: Advanced Corporate Law | LAWS 8251-801 |
| Fall 2019 | Contracts | LAWS 5121-802 |
| Fall 2019 | Corporations | LAWS 6211-801 |
| Spring 2019 | Corporations | LAWS 6211-801 |
| Spring 2019 | Corporations | LAWS 6211-902 |
| Spring 2019 | Seminar: Advanced Corporate Law | LAWS 8251-801 |
| Spring 2019 | Seminar: Advanced Corporate Law | LAWS 8251-902 |
| Fall 2018 | Contracts | LAWS 5121-802 |
| Spring 2018 | Corporations | LAWS 6211-001 |
| Spring 2018 | Seminar: Advanced Corporate Law | LAWS 8251-801 |
| Fall 2017 | Contracts | LAWS 5121-802 |
| Fall 2016 | Contracts | LAWS 5121-802 |
| Fall 2016 | Corporations | LAWS 6211-001 |
| Spring 2016 | Seminar: Advanced Corporate Law | LAWS 8251-001 |
| Fall 2015 | Contracts | LAWS 5121-801 |
| Fall 2015 | Corporations | LAWS 6211-001 |
| Spring 2014 | Mergers, Acquisitions and Reorganizations | LAWS 7411-001 |
| Fall 2013 | Contracts | LAWS 5121-802 |
| Fall 2013 | Corporations | LAWS 6211-001 |
| Spring 2013 | Corporations | LAWS 6211-002 |
| Spring 2013 | Mergers, Acquisitions and Reorganizations | LAWS 7411-001 |
Our Vision
With our roots in Colorado and a global outlook, we are ...
a supportive and diverse educational and scholarly community in a place that inspires vigorous pursuit of ideas, critical analysis, contemplation, and civic engagement to advance knowledge about the law in an open, just society.
Our Mission
To be an outstanding public law school that: provides students with a state-of-the-art legal education and prepares them to serve wisely and with professionalism; advances the development of knowledge through scholarship, testing of new ideas, and challenges to the status quo; and serves as a vehicle and catalyst for meaningful public service, all of which deliver high value to our students and have positive impacts?both locally and globally?on the legal profession and society.