Mark J. Loewenstein

Monfort Professor of Commercial Law

Business Associations; Securities Law; Contracts


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



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