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GREGORY A. MARK Depaul University College of Law 25 East Jackson Blvd GREGORY A. MARK DePaul University College of Law 25 East Jackson Blvd. Chicago, IL 60604 312-362-5595 [email protected] Education J.D. University of Chicago, 1988 1987-1988 Articles Editor, The University of Chicago Law Review 1986-1987 Staff Member, The University of Chicago Law Review Winner of the D. Francis Bustin Prize for outstanding student comment in The University of Chicago Law Review M.A. Harvard University, 1980, American History B.A. Butler University, 1979, summa cum laude, with highest honors in history Professional Experience 2011 – Present Professor, DePaul University College of Law. Dean 2011 – 2014. Affiliate Faculty, Department of History. Taught Comparative Corporate Governance, Literature of Law and the Market (seminar), Corporate Finance, Contracts, Business Organizations, Employee Benefits, Unincorporated Business Entities, Constitutional History (History Department). 1996 - 2011 Professor and Justice Nathan L. Jacobs Scholar, Rutgers Law School – Newark. (Associate Professor, 1996-1999), Vice Dean 2010-2011. Associate Dean for Institutional Planning and Affairs 2006-2010. Interim Director of Development 2008-2009. Taught Business Associations, Corporate Finance, Corporate Governance (seminar), Contracts and other classes. Graduate Faculty, Department of History, Rutgers University, 1998-2011. Jacobs Scholar 2001- 2011. Director, Center for Law, Science, and Technology 2005-2011. Director, Center for Institutional Governance 2003-2011. Fellow, Prudential Business Ethics Center 2003-2011, Executive Board 2006-2011. 1992 – 1996 Assistant Professor, Cleveland-Marshall College of Law. Taught Business Associations II (corporations), Corporate Finance, American Legal History, and History and Theory of the Firm (seminar). 1994 Visiting Faculty Member – Chicago-Kent College of Law. Taught Business Organizations (corporations, partnership, and agency) and American Legal History. 1989 – 1993 Associate Counsel, Office of Independent Counsel: Iran/contra. Developed case of United States v. Clarridge; led project on foreign intelligence, secrecy and national security concerns in prosecution of government officials; liaison to White House Counsel, United States Senate, N.S.A., and C.I.A. Curriculum Vitae of Gregory A. Mark Page 2 of 12 1988 – 1989 Law Clerk, Honorable Bruce M. Selya, United States Court of Appeals for the First Circuit. 1987 Summer Associate, Ropes and Gray, Boston, MA. 1986 Summer Associate, Schiff, Hardin and Waite, Chicago, IL. 1981 – 1985 Teaching Fellow in History, Department of History, Harvard University. 1980 Instructor, Department of Political Science, Butler University. Publications “The Tests of Citizenship,” with John Farmer and Mark Weiner (forthcoming, under consideration, Yale University Press and Public Affairs). “The Legal Politics of Business Organization,” The Economic History Review, (forthcoming, January 2019). “James Dill: Corporate Norm Entrepreneur (or Salesman for the Traitor State),” (book in progress). “Problems in Corporate Law,” (manuscript solicited) (forthcoming). “Hobby Lobby and Corporate Personhood: Taking the U. S. Supreme Court’s Reasoning at Face Value,” 65 DePaul Law Review 535 (2016) (Clifford Symposium). “The Perspective of Time: Some Observations on the Relationship of Legal Education and Practice in the Past Century,” 38 Ohio Northern University Law review 911 (2012) (symposium essay). “On Limited Liability: A Speculative Essay on Evolution and Justification,” in Transformations in American Legal History: Essays in Honor of Morton Horwitz (Daniel W. Hamilton and Alfred W. Brophy, eds.) (Harvard University Press, 2009). “Bank of U.S. v. Dandridge,” “Louisville, Cincinnati, and Charleston Railroad v. Letson,” “Olmstead v. U.S.,” and “Personification of the Corporation,” in Encyclopedia of the Supreme Court of the U.S. (MacMillan, 2008). “The Corporate Economy: Ideologies of Regulation and Antitrust, 1926-2000,” in 3 Cambridge History of Law in America: The Twentieth Century and After (1920-) 613 (Christopher Tomlins and Michael Grossberg, eds.) (Cambridge University Press, 2008). “Review,” in www.theconglomerate.org (2007) (in a collection of review essays addressing Lawrence E. Mitchell, The Speculation Economy (2007)). “Personification in Three Legal Cultures: The Case of the Conception of the Corporate Unit,’’ 63 Washington and Lee Law Review 1479 (2006) (commentary article). Curriculum Vitae of Gregory A. Mark Page 3 of 12 “The Legal History of Corporate Scandal: Some Observations on the Ancestry and Significance of the Enron Era.” 35 Connecticut Law Review 1073 (2003) (symposium article). “Total Law, Total History,” 6 Green Bag, 2nd ser. 85 (2002) (essay reviewing Lawrence M. Friedman, American Law in the Twentieth Century (2002)). “Holding Company Act of 1889,” in The Encyclopedia of New Jersey (2002). “Legal Personality,” in International Encyclopedia of Social and Behavioral Sciences (Neil J. Smelser and Paul B. Baltes, eds., 2001)(reprinted, 2012). “Forgotten Constitutional Moments,” 97 Michigan Law Review 1673 (1999) (review essay). “Corporate Federalism (Historical Development),” “Right to Petition,” in Encyclopedia of the American Constitution, Supplement II (Leonard W. Levy, Kenneth L. Karst and Adam Winkler eds. 1999). “The Role of the State in Corporate Law Formation,” 1 International Corporate Law 1 (July 1999). “Reviving Law for the People,” H-LAW, www.h-net.msu.edu/~law/, (reviewing William J. Novak, The People’s Welfare: Law and Regulation in Nineteenth-Century America (1998)) (November 1999). “Vestigial Constitutional Law: The History and Significance of the Right to Petition,” 66 Fordham Law Review 2153 (1998). “The Court and the Corporation: Jurisprudence, Localism and Federalism,” 1997 Supreme Court Review 403. “Realms of Choice: Finance Capitalism and Corporate Governance,” 95 Columbia Law Review 969 (1995) (essay reviewing Mark J. Roe, Strong Managers, Weak Owners: The Political Roots of American Corporate Finance (1994)). “Some Observations on Writing the Legal History of the Corporation in the Age of Theory,” in Progressive Corporate Law (Lawrence E. Mitchell ed., 1995). Comment, “Introduction: Law and Political Culture,” with Christopher Eisgruber, 55 University of Chicago Law Review 413 (1988). “Selected Bibliography of Works on Political Culture,” with James Barry, John Duffy, Christopher Eisgruber and Richard Murphy, 55 University of Chicago Law Review 585 (1988). Comment, “The Personification of the Business Corporation in American Law,” 54 University of Chicago Law Review 1441 (1987). “The Corporation in Modern American Jurisprudence,” American Historical Association Proceedings, 1985 (1986). Curriculum Vitae of Gregory A. Mark Page 4 of 12 “Homer Cummings,” “Economic Royalists,” “Robert H. Jackson,” in The Franklin Delano Roosevelt Encyclopedia (Otis Graham ed., 1985). “Hungarian Consumers and the New Economic Mechanism,” 16 East European Quarterly 87 (1982). Presentations and Commentaries “Petition and the Political Economy: The Economic Uses of Petition in the American Context,” to be presented at Petitions in the Age of the Atlantic Revolution, Institute of the Social ???, University of Lisbon (February 13-15, 2019). “Creating the Modern Corporation: The Symbiosis of Reform, Legal Innovation, and Lawyerly Entrepreneurship,” to be presented at panel of the American Society for Legal History, with Evelyn Atkinson (University of Chicago), Nikolas Bowie (Harvard Law School), and Adam Winkler (UCLA), Houston (November 10, 2018). Senior Reviewer on Heidi ???, “The Impact of Technology on 21st Century Lawyering: A Need for Uniform Ethical Standards,” and David ???, “The ????? of Corporate Fraud,” at Chicagoland Junior Scholars Works-In-Progress Conference,” Chicago (October 5, 2018). Referee and senior scholar commentator for the Law and Humanities Junior Scholar Workshop (June 2018). Senior Commentator, Naomi ??? (Yale), “Fixing the Machine That Would Not Go of Itself: State Constitutional Change and the Creation of an Open-Access Social Order in the Mid-Nineteenth Century United States,” at the Harvard Program on the Study of Capitalism, Cambridge (March 2018). Chair and commentator on coming panel entitled “The Social Responsibility of the Corporation: Legal Governance of For-Profit, Benefit, and Nonprofit Corporations,” American Society for Legal History (October 2016). Referee and senior scholar commentator for the Law and Humanities Junior Scholars Workshop (June 2016). “Organization Theory and Hobby Lobby’s Implications,” presented at the Wharton School, University of Pennsylvania (November 2015). “Hobby Lobby and Corporate Personhood,” presented at the Rutgers Law School – Newark (October 2015). Referee and senior scholar commentator for the Law and Humanities Junior Scholars Workshop (June 2015). “Hobby Lobby as Corporate Law,” presented at the College of Law, University of Tulsa (March 2015). “Thank God it is Not the Delaware Supreme Court,” presented at the William S. Boyd School of Law, University of Nevada, Las Vegas (February 2015). Curriculum Vitae of Gregory A. Mark Page 5 of 12 Referee and senior scholar commentator for the Law and Humanities Junior Scholars Workshop (June 2014). Commentator on panel entitled “Corporations and the Constitution,” (discussing Professors Ruth Bloch and Naomi Lamoreaux, “Corporations and the Fourteenth Amendment” and Professors Margaret Blair and Elizabeth Pollman, “The Transformation of American Corporations and the Case for Line Drawing in Corporate Rights Jurisprudence”), at
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