Franklin A. Gevurtz

Distinguished Professor and Scholar and Professor of Law
Director, Center for Global Business and Development
B.S., University of California, Los Angeles
J.D., University of California, Berkeley

 E-mail Professor Gevurtz
Tel:  916.739.7178

Professor Gevurtz is – in the words of the Ninth Circuit Court of Appeals – a “leading commentator” on corporate law. Among Professor Gevurtz’ widely cited scholarship is the treatise, Corporation Law, published by Thomson-West as part of its Hornbook Series familiar to law students, lawyers and judges nationwide. Professor Gevurtz is also well-known for authoring the casebook, Business Planning (now in its third edition) – which is by far and away the dominant book used to teach this course in law schools throughout the United States. Most recently, Professor Gevurtz authored the book, Global Issues in Corporate Law; part of a revolutionary series of books for which Professor Gevurtz also serves as series editor and which are designed to facilitate the introduction of international and comparative law issues in core law school courses. Professor Gevurtz also has written numerous law review articles on topics including corporate law, the law of other business organizations, and the antitrust laws. Prior to joining the Pacific McGeorge faculty in 1982, Professor Gevurtz practiced with the law firm of O’Melveny and Myers in Los Angeles. He has been a visiting professor at the law schools of the University of California, Berkeley (Boalt Hall), and the University of California, Davis, and has taught or lectured in Athens, London, Nancy (France), Salzburg and Seoul. In 2006, Professor Gevurtz was awarded the University of the Pacific's Distinguished Faculty Award.

Courses:  Antitrust  |  Business Associations  |  Business Planning  |  Federal Securities Regulation

Recent Publications: GLOBAL ISSUES IN CORPORATE LAW (Thomson-West 2006); United States National Report: Vertical Restraints on Competition, 54 supp. AMERICAN JOURNAL OF COMPARATIVE LAW __ (forthcoming 2006); Report Regarding the Pacific McGeorge Workshop on Globalizing the Law School Curriculum, 19 PACIFIC MCG EORGE GLOBAL BUSINESS & DEVELOPMENT LAW JOURNAL __ (forthcoming 2006) (with Carter, Davies, Landsberg, Main, Malloy, Sprankling).

 

Curriculum Vitae:

PUBLICATIONS (Complete List)

Books

  • GLOBAL ISSUES IN CORPORATE LAW (Thomson-West, 2006)
  • CORPORATION LAW (West, 2000)
  • CORPORATE LAW ANTHOLOGY (Anderson Publishing, 1997)
  • BUSINESS PLANNING (Foundation Press, First edition 1991, Second edition 1995, Third edition 2001)
  • BUSINESS PLANNING ,TEACHERS MANUAL (First edition1991, Second edition 1995, Third edition 2001)
  • BUSINESS PLANNING, SUPPLEMENTS (1994, 1998, 2005)
  • A SURVEY OF THE INTERNATIONAL SALE OF GOODS (Kluwer, 1986) (Co-editor with Campbell and Lafili)

Articles, Essays and Book Chapters

  • Incorporating Transnational Materials into Traditional Courses , __ PENN STATE INTERNATIONAL LAW REVIEW __ (forthcoming 2006)
  • United States National Report: Vertical Restraints on Competition , 54 supp. AMERICAN JOURNAL OF COMPARATIVE LAW __ (forthcoming 2006)
  • Report Regarding the Pacific McGeorge Workshop on Globalizing the Law School Curriculum , 19 PACIFIC MCGEORGE GLOBAL BUSINESS & DEVELOPMENT LAW JOURNAL __ (forthcoming 2006) (with Carter, Davies, Landsberg, Main, Malloy, Sprankling).
  • The Historical and Political Origins of the Corporate Board of Directors , 33 HOFSTRA LAW REVIEW 89 (2004)
  •  The European Origins and Spread of the Corporate Board of Directors , 33 STETSON LAW REVIEW 925 (2004)
  •  Earnings Management and the Business Judgment Rule: An Essay on Recent Corporate Scandals , 30 WILLIAM MITCHELL LAW REVIEW 1261 (2004)
  •  The Globalization of Corporate and Securities Law: An Introduction to a Symposium, and an Essay on the Need for a Little Humility When Exporting One’s Corporate Law , 16 T HE TRANSNATIONAL LAWYER 1 (2002).
  •  Getting Real about Corporate Social Responsibility: A Reply to Professor Greenfield , 35 U.C. DAVIS LAW REVIEW 645 (2002)
  • The Globalization of Insider Trading Prohibitions , 15 THE TRANSNATIONAL LAWYER 63 (2002)
  •  Biotechnology: Business Organization Issues , 32 MCGEORGE LAW REVIEW 237 (2000)
  •  Piercing Piercing: An Attempt to Lift the Veil of Confusion Surrounding the Doctrine of Piercing the Corporate Veil , 76 OREGON LAW REVIEW 853 (1997), excerpt reprinted in Bauman, Weiss & Palmiter, CORPORATIONS LAW AND POLICY 319 (5th ed. 2003)
  •  California’s New Limited Liability Company Act: A Look at the Good, the Bad, and the Ambiguous , 27 PACIFIC LAW JOURNAL 261 (1996)
  • Squeeze-outs and Freeze-outs in Limited Liability Companies , 73 WASHINGTON UNIVERSITY LAW QUARTERLY 497 (1995), reprinted in 37 CORPORATE PRACTICE COMMENTATOR 509 (1995), abridged version reprinted in 3 JOURNAL OF LIMITED LIABILITY COMPANIES 79 (1996)
  • The Business Judgment Rule: Meaningless Verbiage or Misguided Notion? 67 SOUTHERN CALIFORNIA LAW R EVIEW 287 (1994), excerpts reprinted in Backer, COMPARATIVE CORPORATE LAW 1199 (2002), Gevurtz, CORPORATE LAW ANTHOLOGY 100 (1997)
  • Politics, Corruption and the Sherman Act After City of Columbia's Blighted View , 27 U.C. D AVIS L AW R EVIEW 141 (1993)
  • Preventing Partnership Freeze-Outs , 40 MERCER LAW REVIEW 535 (1989)
  • Commercial Bribery and the Sherman Act: The Case for per se Illegality, 42 UNIVERSITY OF MIAMI LAW REVIEW 365 (1987), abridged version reprinted in NATIONAL ASSOCIATION OF ATTORNEYS GENERAL ANTITRUST AND COMMERCE REPORT Jan./Feb. 1989
  • Using the Antitrust Laws to Combat Overseas Bribery by Foreign Companies: A Step to Even the Odds in International Trade , 27 VIRGINIA JOURNAL OF INTERNATIONAL LAW 211 (1987), reprinted in 30 CORPORATE PRACTICE COMMENTATOR 137 (1988)
  • The United States Approach to Combating Bribery in the International Sale of Goods , in Lafili, Gevurtz & Campbell, A SURVEY OF THE INTERNATIONAL SALE OF GOODS (Kluwer, 1986)
  • Who Represents the Corporation? In Search of a Better Method for Determining the Corporate Interest in Derivative Suits , 46 UNIVERSITY OF PITTSBURGH LAW REVIEW 265 (1985), excerpt reprinted in Gevurtz, CORPORATE LAW ANTHOLOGY 198 (1997)
  • Obstruction of Sunlight as a Private Nuisance , 65 CALIFORNIA LAW REVIEW 93 (1977)

Works in Progress

UNDERSTANDING MERGERS AND ACQUISITIONS (treatise under contract with Lexis-Nexis)

PRESENTATIONS (Last Five Years)

 Presenting a lecture on comparative corporate law and governance at the ICN School of Management at the University of Nancy, June 30, 2006.

Presenting a paper, United States Law Regarding Vertical Restraints on Competition, at the International Conference on Industrial Organization, Law and Economics, sponsored by the Athens Institute for Education and Research, Athens, Greece, June 12, 2006 (Papers presented at this conference were selected from submissions in response to a call for papers).

Chair, Panel on Globalizing the Law Curriculum, American Society of International Law Annual Meeting (March 31, 2006)

 Panelist, Techniques for Introducing International Issues into the First Year Curriculum, Section on Graduate Programs for Foreign Lawyers Program, American Association of Law Schools Annual Convention (January 7, 2006)

Organizer and moderator of the Pacific McGeorge Workshop on Globalizing the Law School Curriculum, Tahoe, California (August 2-4, 2005)

Presented a lecture on United States corporation law at the University of California, Davis, Orientation in U.S.A. Law Program for foreign attorneys (July 19, 2005)

 Presented a paper, The Historical and Political Origins of the Corporate Board of Directors, at the 2005 Sloan Program for the Study of Business in Society Conference, organized by the George Washington University Law School (June 27, 2005) (Papers presented at this conference were selected from submissions in response to a call for papers on interdisciplinary approaches to corporate law and shareholder value)

 Studio guest commenting on privatization of Social Security, on Insight, Capital Public Radio (January 27, 2005)

Principal author of a paper, A Curricular Core for the Transnational Lawyer, presented by Dean Elizabeth Rindskopf Parker at the AALS Workshop on Educating Lawyers for Transnational Challenges, May 2004

 Organizer and moderator of the 2004 McGeorge International Programs Symposium: Economies in Transition: Reconstruction and Development; Day One: Reconstruction: Prescriptions for Iraq, Predictions for Russia and Performance of China (February 20, 2004)

Presented a paper, The European Origins and Spread of the Corporate Board of Directors, at a symposium on comparative corporate governance held in conjunction with the 2003 annual meeting of the American Society of Comparative Law, at Stetson University College of Law (October 17, 2003)

Speaker on The Sarbanes-Oxley Act at the Federal Bar Association, Sacramento Chapter, Luncheon (March 25, 2003)

Panelist on The Criminalization of Securities Law at the Association for Criminal Justice Research ( California) Conference on Outside Impacts on Criminal Justice (March 20, 2003)

Co-chair of the 2003 McGeorge International Programs Symposium: Bordering on Terror; Part II: Global Business in Times of Terror – The Legal Issues (February 22, 2003)

Presented a paper, The Historical and Political Origins of the Corporate Board of Directors, as part of the McGeorge School of Law Distinguished Speaker Series (February 6, 2003)

Presented a paper, The Historical and Political Origins of the Corporate Board of Directors, at the 2002 U.C.L.A.-U.S.C. Corporate Law Roundtable (November 8, 2002)

Presented a paper, The Globalization of Insider Trading Prohibitions, at the Second Annual Asian Corporate Governance Conference organized by the Asian Corporate Governance Institute of Korea University ( Seoul, Korea, May 15, 2002) (Papers presented at this conference were selected by a jury of American and Asian university professors)

Organizer, Co-Chair and Moderator of the 2002 McGeorge International Programs Symposium: The Globalization of Corporate and Securities Law (February 23, 2002)

TEACHING EXPERIENCE

University of the Pacific, McGeorge School of Law

Since 1982; Full Professor (tenured), since 1988

Visiting Professor of Law (Part-time)

University of California, Berkeley (Boalt Hall), Spring 1995, Spring 1996, Fall 1997, Spring 1998
University of California, Davis, School of Law, Fall 1993, Fall 1994, Fall 2001

Courses Taught (Complete List):

Agency
Antitrust
Business Associations
Business Planning
Comparative Corporate Governance		Corporate Finance
Corporations
Partnerships
Jurisdiction to Regulate Int’l Bus. Trans.
Torts
Unfair Trade Practices

AWARDS AND HONORS

University of the Pacific Distinguished Faculty Award for 2006
Order of the Coif, University of California, Berkeley
Phi Beta Kappa, University of California, Los Angeles

OTHER POSITIONS AND MEMBERSHIPS

Series Editor, GLOBAL ISSUES SERIES (Thomson-West)
Editorial Board, A MERICAN JOURNAL OF COMPARATIVE LAW , since 2003
 Admitted to the State Bar of California, 1977

EXPERIENCE IN PRACTICE

O'Melveny & Myers, 1977-1982
Los Angeles, California
(Handled business and other litigation)