Mark J. Loewenstein
 |
Business Associations; Securities Law; Contracts
401 UCB
2450 Kittredge Loop Road
Wolf Law Building
Boulder, CO 80309
Office: 413
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 | |
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: The Law of Unincorporated Business Enterprises: Cases, Materials, Problems, (Carolina Academic Press, 10th ed. 2019). |
| 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). |
Selected Press, Media & Publicity
| University of Cincinnati College of Law | The 29th Annual Corporate Law Center Symposium | Business Law Prof Blog | Monday, February 22, 2016 |
| A David vs. Goliath battle emerges in the fight for dialysis dollars | The Gazette (Colorado Springs) | Friday, June 26, 2009 |
Courses:
| Fall 2024 | Contracts | LAWS 5121-802 |
| Fall 2023 | Contracts | LAWS 5121-802 |
| Fall 2022 | Contracts | LAWS 5121-802 |
| Fall 2022 | Seminar: Securities Litigation and Enforcement | LAWS 8401-801 |
| Fall 2021 | Agency, Partnership and the LLC | LAWS 6201-801 |
| Fall 2021 | Seminar: Securities Litigation and Enforcement | LAWS 8401-801 |
| Spring 2021 | Agency, Partnership and the LLC | LAWS 6201-801 |
| Fall 2020 | Contracts | LAWS 5121-801 |
| Spring 2020 | Corporations | LAWS 6211-801 |
| Fall 2019 | Contracts | LAWS 5121-801 |
| Fall 2018 | Contracts | LAWS 5121-801 |
| Fall 2018 | Contracts | LAWS 5121-904 |
| Fall 2018 | Agency, Partnership and the LLC | LAWS 6201-801 |
| Fall 2018 | Agency, Partnership and the LLC | LAWS 6201-902 |
| Fall 2017 | Contracts | LAWS 5121-801 |
| Fall 2017 | Agency, Partnership and the LLC | LAWS 6201-801 |
| Spring 2017 | Agency, Partnership and the LLC | LAWS 6201-001 |
| Spring 2017 | Corporations | LAWS 6211-001 |
| Spring 2016 | Corporations | LAWS 6211-001 |
| Fall 2015 | Contracts | LAWS 5121-802 |
| Fall 2015 | Agency, Partnership and the LLC | LAWS 6201-001 |
| Spring 2015 | Agency, Partnership and the LLC | LAWS 6201-001 |
| 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 | Seminar: Securities Litigation and Enforcement | LAWS 8401-001 |
| Fall 2012 | Agency, Partnership and the LLC | LAWS 6201-001 |
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.