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Curriculum Vitae

HENRY HANSMANN

Yale Law School    
P.O. Box 208215   
New Haven, CT 06520

(203) 432-4966
(203) 432-4177 fax
henry.hansmann@yale.edu

Employment:

Augustus E. Lines Professor of Law, Yale Law School, from 2004

George T. Lowy Professor of Law, New York University School of Law, 2003-04

Professor of Law, Yale Law School, 1983 2003 (Harris Professor of Law, 1988-2003); Visiting Professor, 1982 83

Visiting Professor of Law, New York University School of Law, 1996-97, Spring 2000

Visiting Professor of Law, Harvard Law School, 1991-92

Associate Professor of Law, Economics, and Public Policy, University of Pennsylvania, 1981 83; Assistant Professor, 1975-81

Education:

Ph.D. (Economics), 1978, Yale University

J.D., 1974, Yale Law School

B.A. (Mathematics), 1967, Brown University


Fellowships and Awards:

Fellow, American Academy of Arts and Sciences

John Simon Guggenheim Foundation Fellowship, 1985 86


Publications:

Books

The Anatomy of Corporate Law: A Functional and Comparative Analysis (with Reinier Kraakman, Paul Davies, Gerard Hertig, Klaus Hopt, Hideki Kanda, and Edward Rock) (Oxford University Press, 2004)

The Ownership of Enterprise (Harvard University Press, 1996)

Articles

“How Close Is the End of History?,” 31 Journal of Corporation Law 745-51 (2006)

"Corporation and Contract," 8 American Law and Economics Review 1-19 (2006)

"Law and the Rise of the Firm," 119 Harvard Law Review 1333-1403 (2006) (with Reinier Kraakman and Richard Squire)

"The New Business Entities in Evolutionary Perspective," 2005 Illinois Law Review 5-14 (2005) (with Reinier Kraakman and Richard Squire) 

"Chapter 3: The Basic Governance Structure," in Reinier Kraakman, Paul Davies, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, and Edward Rock, The Anatomy of Corporate Law: A Functional and Comparative Analysis (Oxford University Press, 2004) (with Reinier Kraakman)

"Chapter 2: Agency Problems and Legal Strategies," in Reinier Kraakman, Paul Davies, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, and Edward Rock, The Anatomy of Corporate Law: A Functional and Comparative Analysis (Oxford University Press, 2004) (with Reinier Kraakman)

"Chapter I:  What Is Corporate Law?," in Reinier Kraakman, Paul Davies, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, and Edward Rock, The Anatomy of Corporate Law:  A Functional and Comparative Analysis (Oxford University Press, 2004) (with Reinier Kraakman)

"The Role of Trust in Nonprofit Enterprise," Chapter 6 in Helmut Anheier and Avner Ben-Ner, eds., The Study of Nonprofit Enterprise:  Theories and Approaches (Kuwer Academic Publishers, 2003)

“Ownership Form And Trapped Capital In the Hospital Industry,” in Edward Glaeser, ed., The Governance of Not-For-Profit Organizations (University of Chicago Press, 2003) (with Daniel Kessler and Mark McClellan)

“Property, Contract, and Verification:  The Numerus Clausus Problem and the Divisibility of Rights,” 31 Journal of Legal Studies 373-420 (2002) (with Reinier Kraakman)

“Toward a Single Model of Corporate Law?,” in J. McCahery, P. Moerland, T. Raaijmakers, and L. Renneboog, eds., Corporate Governance Regimes:  Convergence and Diversity (Oxford University Press, 2002) (with Reinier Kraakman)

"A Reform Agenda for the Law of Nonprofit Organizations," in Klaus Hopt & Dieter Reuter, eds., Stiftungsrecht in Europa 241-72 (Carl Heymanns Verlag, 2001)

"Royalties for Artists Versus Royalties for Authors and Composers," 25 Journal of Cultural Economics 259-81 (2001) (with Marina Santilli)

"The End of History for Corporate Law," 89 Georgetown Law Journal 439-68 (2001) (with Reinier Kraakman), reprinted in Jeffrey Gordon and Mark Roe, eds., Convergence and Persistence in Corporate Governance (Cambridge University Press, 2004)

"The Essential Role of Organizational Law," 110 Yale Law Journal 387-440 (2000) (with Reinier Kraakman)

"Organizational Law as Asset Partitioning," 44 European Economic Review 807-17 (2000)

"Nonprofit Organizations in Perspective," 29 Nonprofit and Voluntary Sector Quarterly 179-84 (2000)

"Proprieta' e Concorrenza nell'Istruzione Universitaria" (AOwnership and Competition in Higher Education), 1 Mercato Concorrenza Regole 475-96 (1999)

"Cooperative Firms in Theory and Practice," 1999 Finnish Journal of Business Economics 387-403 (1999)

"Higher Education as an Associative Good," in Maureen Devlin & Joel Meyerson, eds., Forum Futures: 1999 Papers 11-24 (Foundation for the Future of Higher Education, 1999)

"Employee Ownership and Unions: Lessons from the Airline Industry," in Samuel Estreicher, ed., Employee Representation in the Emerging Workplace: Alternatives/Supplements to Collective Bargaining 573-80 (Kluwer Law International, 1998).

Entry on "Employee Ownership of Firms" in The New Palgrave Dictionary of Economics and the Law (1998).

Entry on "Ownership of the Firm" in The New Palgrave Dictionary of Economics and the Law (1998).

"The Functions of Trust Law:  A Comparative Legal and Economic Analysis" (with Ugo Mattei), 73 New York University Law Review 434-79 (1998)

"Authors' and Artists' Moral Rights:  A Comparative Legal and Economic Analysis," 26 Journal of Legal Studies 95-144 (1997) (with Marina Santilli)

"What Determines Firm Boundaries in Biotech?," 152 Journal of Institutional and Theoretical Economics 220-25 (1996)

"The Changing Roles of Public, Private, and Nonprofit Enterprise in Education, Health Care, and Other Human Services," in Victor Fuchs, ed., Individual and Social Responsibility:  Child Care, Education, Medical Care, and Long-Term Care in America (University of Chicago Press, 1996)

"The Value and Instruments of Competition in Higher Education," in I Valori della Concorrenza (The Value of Competition) (Centro Nazionale di Prevenzione e Difesa Sociale, ed., 1993)

"Worker Participation and Corporate Governance," 43 University of Toronto Law Journal 589-606 (1993)

"Probleme von Kollektiventscheidungen und Theorie der Firma -- Folgerungen für die Arbeitnehmermitbestimmung," in Claus Ott and Hans-Bernd Schäfer, editors, Ökonomische Analyse des Unternehmensrechts 287-305 (1993)

"A Procedural Focus on Unlimited Shareholder Liability," 106 Harvard Law Review 446-59 (1992) (with Reinier Kraakman)

"Do the Capital Markets Compel Limited Liability?  A Response to Professor Grundfest," 102 Yale Law Journal 427-36 (1992) (with Reinier Kraakman)

"Hands-Tying Contracts:  Book Publishing, Venture Capital Financing, and Secured Debt," 8 Journal of Law, Economics, and Organization 628-36 (1992) (with Reinier Kraakman)

"Toward Unlimited Shareholder Liability for Corporate Torts," 100 Yale Law Journal 1879-1934 (1991) (with Reinier Kraakman)

"Condominium and Cooperative Housing:  Transactional Efficiency, Tax Subsidies, and Tenure Choice," 20 Journal of Legal Studies 25-71 (1991)

"When Does Worker Ownership Work?  ESOPs, Law Firms, Codetermination, and Economic Democracy," 99 Yale Law Journal 1749-1816 (1990)

"Why Do Universities Have Endowments?," 19 Journal of Legal Studies 3-42 (1990)

"The Viability of Worker Ownership:  An Economic Perspective on the Political Structure of the Firm," in M. Aoki, B. Gustafsson, and O. Williamson, The Firm as a Nexus of Treaties (Sage, 1990)

"The Economic Role of Commercial Nonprofits:  The Evolution of the Savings Bank Industry," in H. Anheier and W. Seibel, eds., The Third Sector:  Comparative Studies of Nonprofit Organizations (de Gruyter, 1989)

"The Evolving Law of Nonprofit Organizations:  Do Current Trends Make Good Policy?," 39 Case Western Reserve Law Review 807-27 (1989)

"Unfair Competition and the Unrelated Business Income Tax," 75 Virginia Law Review 605-35 (1989)

"The Two Nonprofit Sectors," in V. Hodgkinson and R. Lyman, eds., The Future of the Nonprofit Sector (Jossey-Bass, 1989)

"The Economics and Ethics of Markets for Human Organs," 14 Journal of Health Policy, Politics and Law 57-85 (1989), reprinted in J. Blumstein and F. Sloan, eds., Organ Transplantation Policy:  Issues and Prospects (1989)

"Ownership of the Firm," 4 Journal of Law, Economics, and Organization 267 304 (1988), reprinted in Lucian Bebchuk, ed., Corporate Law and Economic Analysis (Cambridge University Press, 1990)

"Economic Theories of the Nonprofit Sector," in W. Powell, ed., The Nonprofit Sector 27 42 (Yale University Press, 1987)

"The Effect of Tax Exemption and Other Factors on the Market Share of Nonprofit Versus For Profit Firms," 40 National Tax Journal 71 82 (1987)

"A Theory of Status Organizations," 2 Journal of Law, Economics, and Organization 119 30 (1986)  

"Nonprofit Enterprise in the Performing Arts," 12 Bell Journal of Economics 341 61 (1981), reprinted in Paul DiMaggio, ed., Nonprofit Enterprise in the Arts (Oxford University Press, 1986)

"The Organization of Insurance Companies:  Mutual Versus Stock," 1 Journal of Law, Economics, and Organization 125 53 (1985)

"The Current State of Law and Economics Scholarship," 33 Journal of Legal Education 217 36 (1983)

Review of P. Burrows and C. Veljanovski, The Economic Approach to Law, 3 International Review of Law and Economics 89 104 (1983)

"Population Heterogeneity and the Sociogenesis of Homicide," 61 Social Forces 206 24 (1982) (with John M. Quigley) 

"The Rationale for Exempting Nonprofit Organizations from Corporate Income Taxation," 91 Yale Law Journal 54 100 (1981), reprinted in Susan Rose-Ackerman, ed., The Economics of Nonprofit Institutions (Oxford University Press, 1986)

"Why are Nonprofits Exempted form Corporate Income Taxation?," in M. White, ed., The Interaction of the Public, Private and Non Profit Sectors 115 134 (Urban Institute, 1981)

"Reforming Nonprofit Corporation Law," 129 University of Pennsylvania Law Review 497 623 (1981)

"The Role of Nonprofit Enterprise," 89 Yale Law Journal 835 901 (1980), reprinted in Susan Rose Ackerman, ed., The Economics of Nonprofit Institutions (Oxford University Press, 1986)

"The Coase Proposition, Information Constraints, and Long Run Equilibrium: Comment," 67 American Economic Review 459 63 (1977)

"Piggyback Jurisdiction in the Proposed Federal Criminal Code," 81 Yale Law Journal 1209 42 (1972)

Working Papers:

"Globalizing Commercial Litigation" (with Jens Dammann) (forthcoming, Cornell Law Review, November 2008)

"Ownership and Organizational Form" (forthcoming in Robert Gibbons and John Roberts, eds., The Handbook of Organizational Economics, 2008)

"Exit Voice and Liability: Legal Dimensions of Organizational Form" (with Reinier Kraakman)