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Reza Dibadj

Professor, and Dean's Circle Scholar

Professor Reza Dibadj’s research involves both corporate and securities law as well as administrative law and regulation. His writing focuses on two themes. The first involves the application of new tools, such as network theory, to legal analysis. The second is an exploration of different institutional choices the law has made. For instance, corporate and securities law often try to achieve similar goals, but through very different means; similarly for antitrust and regulation. For their part, corporate and administrative law each present distinct approaches to problems of governance and delegation. Which methods are preferable, and under what circumstances? These two themes converge in an attempt to propose new, welfare-enhancing, institutional arrangements for the relationship between government and business.

Education
  • JD, Harvard University
  • MBA, Harvard Business School
  • SB, Harvard College
Prior Experience
  • Visiting Professor, UC Berkeley School of Law
  • Visiting Professor, UC Hastings College of the Law
  • Associate Professor, University of San Francisco School of Law
  • Assistant Professor, University of Miami
Awards
  • Distinguished Professor Award, USF School of Law (2008)
TitleOutletsDate
"To Stem Corporate Scandals, Get Back to Basics"USF Lawyer03/26/09
"Markets Need Viable Rules"National Law Journal, The Recorder, New Jersey Law Journal02/16/09
"Irrational Exuberance"International Herald Tribune10/02/08
"Time to Discuss Deregulation and Distribution of Wealth"Baltimore Sun09/19/08
"Can Postmodernism Save the World?"Baltimore Sun04/12/07
"State Corporate Law: No Regulatory Muscle"National Law Journal, Broward Daily Business Review, Miami Daily Business Review, Palm Beach Daily Business Review04/10/06
"Government Is Bad, Isn’t It?"San Francisco Chronicle, Christian Science Monitor09/08/05
"Now, How to Pay for It"San Francisco Chronicle, USF In the News02/18/05
"Monopoly v. Municipality"National Law Journal, New Jersey Law Journal02/14/05
"FCC Must Turn Back to First Principles of Law, Economics"San Francisco Daily Journal, Los Angeles Daily Journal02/02/05
"Small Firms, Speak Up Loudly For Innovation"San Jose Mercury News01/30/05
"First We’re Overprotected, Then Shoved Out the Door" (letter responding to Nobel Laureate Edward Prescott)Wall Street Journal11/18/04
"At 90, Time to Reform"National Law Journal10/11/04
"Rescuing Broadband in America Requires a New Path"San Francisco Daily Journal, Los Angeles Daily Journal, USF In the News09/30/04
"Let’s Revitalize Regulation"National Law Journal, New Jersey Law Journal, Miami Daily Business Review, Palm Beach Daily Business09/29/03
"Now Is the Time to Reshape America’s Regulators"Financial Times (London)09/26/03
"Excesses of Burst Economic Bubble Persist in Aftermath"Los Angeles Daily Journal09/25/03
"Deregulation: A Tragedy in Three Acts"Washington Post, O Estado do São Paolo (translated into Portuguese)09/13/03
Books
  • Rescuing Regulation (Albany, N.Y.: SUNY Press, 2006). (Paperback edition released June 2007.)
Law Review and Journal Articles
  • "(Mis)conceptions of the Corporation," 29 Georgia State University Law Review 731 (2013). SSRN
  • "Reactionary Reform and Fundamental Error," 39 Western State University Law Review 281 (2012).
  • "Brokers, Fiduciaries and a Beginning," 30 Boston University Review of Banking and Financial Law 1 (2012). SSRN
  • "Expressive Rights for Shareholders After Citizens United?" 46 University of San Francisco Law Review 459 (2011). (Symposium Issue: "Democracy Inc?: Citizens United, Corporate Expenditures and the Future of Campaign Finance Law.") SSRN
  • "Dodd Frank: Toward First Principles," 15 Chapman Law Review 79 (2010). (Symposium Issue: "From Wall Street to Main Street: The Future of Financial Regulation.") SSRN
  • "Brokers, Fiduciaries, and a Beginning," Boston University Review of Banking and Financial Law (forthcoming).
  • "Citizens United as Corporate Law Narrative," 16 Nexus: Chapman's Journal of Law and Policy 39 (2011). (Symposium Issue: "Citizens Divided on Citizens United: Campaign Finance Reform and the First Amendment.") SSRN
  • "Conscious Parallelism Revisited," 47 San Diego Law Review 589 (2010). SSRN
  • "Four Key Elements for Successful Financial Regulatory Reform," 6 Hastings Business Law Journal 377 (2010). (Symposium Issue: "Beyond the Bailout: Risk, Responsibility, and the Road Ahead.") SSRN
  • "How Does the Government Interact with Business? From History to Controversies," 5 Entrepreneurial Business Law Journal  707 (2010). (Symposium Issue: "The Relationship Between American Government and American Business") SSRN
  • "An Uneasy Case for White-Collar "Martyrs"," University of San Francisco Law Review (2010). (Invited Response) SSRN
  • "Networks of Heightened Scrutiny in Corporate Law," 46 San Diego Law Review 1 (2009). SSRN
  • "Anti-Monopolization Workarounds," 17 Competition 207 (2008). ("The Cartwright Act at 100—Special Celebratory Issue") SSRN
  • "A Response to Professor Catherine J.K. Sandoval's Antitrust Language Barriers," 60 FED. COMM. L. J. F. 64 (2008).
  • "Networks of Fairness Review in Corporate Law," 45 San Diego Law Review 1 (2008). SSRN
  • "Panglossian Transnationalism," 44 Stanford Journal of International Law 253 (2008). SSRN
  • "The Process-Welfare Nexus," 33 Oklahoma City University Law Review 837 (2008). (Book Review) SSRN
  • "Article 82: Gestalt, Myths, Questions," 23 Santa Clara Computer & High Technology Law Journal 615 (2007). (Symposium Issue: "Cross-Border Legal Challenges in High Tech Law") SSRN
  • "Attractive Polarities, Narrow Boundaries," London School of Economics, Suntory and Toyota International Centres for Economics and Related Disciplines (STICERD) 75th Anniversary Conference Proceedings 472 (STICERD, 2009). (Frank Cowell & Amos Witztum, eds.) SSRN
  • "Postmodernism, Representation, Law," 29 University of Hawaii Law Review 377 (2007). SSRN
  • "The Political Economy of Commercial Speech," 58 South Carolina Law Review 913 (2007). (Symposium Issue: "Commercial Speech in an Era of Emerging Technology and Corporate Scandal") SSRN
  • "From Incongruity to Cooperative Federalism," 40 University of San Francisco Law Review 845 (2006). (Symposium Issue: "Federalism in Securities Regulation: Rethinking the Balance") SSRN
  • "The Misguided Transformation of Loyalty into Contract," 41 Tulsa Law Review 451 (2006). (Symposium Issue: “Disputed Concepts in Contemporary Business Association Law: Discussions of Fiduciary Duty and Capital Lock-In.) SSRN
  • "A Modest Enterprise," 10 Lewis & Clark Law Review 415 (2006). (Book Review) SSRN
  • "Weasel Numbers," 27 Cardozo Law Review 1325 (2006). SSRN
  • "Review of Antitrust Law: Economic Theory and Common Law Evolution," 28 World Competition Law and Economics Review 619 (2005). (Book Review)
  • "Review of Antitrust Law: Economic Theory and Common Law Evolution," 50 Antitrust Bulletin 223 (2005). (Book Review) SSRN
  • "Delayering Corporate Law," 34 Hofstra Law Review 469 (2005). SSRN
  • "The Limits of Utilitarianism," 6 Nevada Law Journal 201 (2005). (Book Review) SSRN
  • "Reconceiving the Firm," 26 Cardozo Law Review 1459 (2005). SSRN
  • "Saving Antitrust," 75 University of Colorado Law Review 745 (2004). SSRN
  • "Beyond Facile Assumptions and Radical Assertions: A Case for 'Critical Legal Economics'," Utah Law Review 1155 (2003). SSRN
  • "Competitive Debacle in Local Telephony: Is the 1996 Telecommunications Act to Blame?" 81 Washington University Law Quarterly 1 (2003). SSRN
  • "Regulatory Givings and the Anticommons," 64 Ohio State Law Journal 1041 (2003). SSRN
  • "Toward Meaningful Cable Competition: Getting Beyond the Monopoly Morass," 6 New York University (N.Y.U.) Journal of Legislation & Public Policy 245 (2003). SSRN
Book Contributions
  • "Compagnie des Indes: Governance and Bailout," in The Origins of Shareholder Advocacy edited by Jonathan G. S. Koppell, 169 (New York: Palgrave Macmillan, 2011). SSRN
  • "Anti-Social Norms, Risky Behavior," in Corporate Boards: Managers of Risk, Sources of Risk edited by Robert W. Kolb and Donald Schwartz, 70 (Wiley Blackwell, 2009).
Opinion Pieces and Blog Posts
  • "To Stem Corporate Scandals, Get Back to Basics," USF Lawyer (March 2009).
  • "Markets Need Viable Rules," National Law Journal (February 2009). (The article was reprinted in The Recorder in February 2009 and the New Jersey Law Journal in March 2009.)
  • "Irrational Exuberance," International Herald Tribune (October 2008). (Letter to the Editor.)
  • "Time to Discuss Deregulation and Distribution of Wealth," Baltimore Sun (September 2008).
  • "Can Postmodernism Save the World?" Baltimore Sun (April 2007).
  • "State Corporate Law: No Regulatory Muscle," National Law Journal (April 2006). (Reprinted in the Broward Daily Business Review, Miami Daily Business Review, and Palm Beach Daily Business Review in April 2006.)
  • "Government Is Bad, Isn’t It?" San Francisco Chronicle (September 2005). (Excerpted in Christian Science Monitor in September 2005. Reprinted in USF In the News, Spring 2006.)
  • "Now, How to Pay for It," San Francisco Chronicle (February 2005). (Reprinted in USF In the News, Spring 2006.)
  • "Monopoly v. Municipality," National Law Journal (February 2005). (Reprinted in New Jersey Law Journal in February 2005.)
  • "FCC Must Turn Back to First Principles of Law, Economics," San Francisco Daily Journal, Los Angeles Daily Journal (February 2005).
  • "Small Firms, Speak Up Loudly For Innovation," San Jose Mercury News (January 2005).
  • "First We’re Overprotected, Then Shoved Out the Door," Wall Street Journal (November 2004). (Letter responding to Nobel Laureate Edward Prescott.)
  • "At 90, Time to Reform," National Law Journal (October 2004).
  • "Rescuing Broadband in America Requires a New Path," San Francisco Daily Journal, Los Angeles Daily Journal (September 2004). (Reprinted in USF In the News, Spring 2005.)
  • "Let’s Revitalize Regulation," National Law Journal (September 2003). (Reprinted in the New Jersey Law Journal, Miami Daily Business Review, and Palm Beach Daily Business Review in October 2003.)
  • "Now Is the Time to Reshape America’s Regulators," Financial Times (London) (September 2003).
  • "Excesses of Burst Economic Bubble Persist in Aftermath," Los Angeles Daily Journal (September 2003).
  • "Deregulation: A Tragedy in Three Acts," Washington Post (September 2003). (Translated into Portuguese for O Estado do Sao Paolo.)
Other Publications
    Briefs
      Court Citation of Research
        Presentations
        • Moderator, "Corporate Governance: Should Shareholders Get a Vote on Corporate Campaign Expenditures?" University of San Francisco Law Review Symposium, "Democracy, Inc? Citizens United, Corporate Expenditures & the Future of Campaign Finance Law," (February 2011).
        • Presenter, "Compagnie des Indes: Governance and Bailout," Yale School of Management Millstein Center for Corporate Governance Conference "Origins of Shareholder Advocacy," New Haven, Conn. (forthcoming).
        • Panelist, "Congress Punts; Administrative Agencies Receive; Welcome to a Decade of Rulemaking," 2011 Chapman Law Review Symposium "From Wall Street to Main Street: The Future of Financial Regulation," Chapman University School of Law, Orange, Calif. (January 2011).
        • Presenter, "Toward First Principles," Chapman Law Review 2011 Symposium "From Wall Street to Main Street: The Future of Financial Regulation," Orange, Calif. (January 2011).
        • Presenter, "Tacit Cartels, Oligopolies, and the Problem of Conscious Parallelism," University of San Francisco School of Law Faculty Teaching and Scholarship Workshop Series, (2010).
        • Presenter, "From History to Controversies," Ohio State University, Moritz College of Law, Entrepreneurial Business Law Journal Symposium "The Relationship Between American Government and American Business," Columbus, Ohio (March 2010).
        • Presenter, "Tacit Cartels, Oligopolies, and the Problem of Conscious Parallelism," Canadian Law and Economics Association Annual Meeting, Toronto, Canada (October 2009).
        • Presenter, "Networks of Heightened Scrutiny in Corporate Law," International Society for New Institutional Economics (ISNIE) Annual Conference, Berkeley, Calif. (June 2009).
        • Panelist, "Regulating Risk," UC Hastings Business Law Journal Symposium "Beyond the Bailout: Risk, Responsibility and the Road Ahead," San Francisco, Calif. (April 2009).
        • Presenter, "Networks of Judicial Review in Corporate Law," Santa Clara University School of Law Faculty Forum, Santa Clara, Calif. (2009).
        • Presenter, "Networks of Judicial Review in Corporate Law," UC Berkeley School of Law Faculty Workshop, Berkeley, Calif. (2009).
        • Presenter, "Networks of Heightened Scrutiny in Corporate Law," Florida State University College of Law Faculty Workshop Series, Tallahassee, Fla. (2009).
        • Presenter, "Anti-Social Norms, Risky Behavior," Loyola University Chicago Center for Integrated Risk Management and Corporate Governance Annual Conference "Corporate Boards: Managers of Risk, Sources of Risk," Chicago, Ill. (2008).
        • Presenter, "Beyond National Law," International Trade and Finance Association International Conference, Lisbon, Portugal (2008).
        • Presenter, "Theory of the Firm: Norms and Interdisciplinarity," European Association for Evolutionary Political Economy International Conference "Gouverner l’entreprise: propriété, institutions, société," Paris, France (2008).
        • Presenter, "The Misguided Transformation of Loyalty Into Contract," University of California, Hastings College of the Law Faculty Colloquium, San Francisco, Calif. (2008).
        • Presenter, "Article 82: Gestalt, Myths, Questions," Santa Clara Computer and High Technology Law Journal Symposium "Cross-Border Challenges in High-Tech Law," San Jose, Calif. (2007).
        • Presenter, "Attractive Polarities, Narrow Boundaries," London School of Economics "75th Anniversary of Lionel Robbins’s 'Essay on the Nature and Significance of Economic Science'," London, England (2007).
        • Presenter, "Overplaying International Law," Association of American Law Schools (AALS) Mid-Year Meeting "What is Wrong with the Way We Teach and Write International Law," Vancouver, Canada (2007).
        • Presenter, "The Political Economy of Commercial Speech," University of South Carolina Law Review Symposium "Commercial Speech in an Age of Emerging Technology and Corporate Scandal," Columbia, S.C. (2007).
        • Presenter, "The Rhetoric of Fairness," Canadian Law and Economics Association Annual Meeting, Toronto, Canada (2007).
        • Presenter, "The Rhetoric of Fairness," European Association of Law & Economics (EALE) Annual Meeting, Copenhagen, Denmark (2007).
        • Presenter, "What’s Left of Fiduciary Duty?" Association of American Law Schools (AALS) Annual Meeting "Section on Agency, Partnership, LLCs and Unincorporated Associations," Washington, DC (2006).
        • Presenter, "From Incongruity to Cooperative Federalism," University of San Francisco Law Review Symposium "Federalism in Securities Regulation: Rethinking the Balance," (2006).
        • Presenter, "Reputation as an Entry Barrier," Loyola University Chicago School of Law Institute for Consumer Antitrust Studies Annual Colloquium, Chicago, Ill. (2006).
        • Presenter, "Firms, Norms, and Public Law," Society for the Advancement of Socio-Economics Annual Meeting, Washington, DC (2004).
        • Presenter, "Debunking Myths Surrounding Open Access," Federation of Internet Solution Providers of the Americas Annual Conference, New Orleans, La. (2004).
        Testimony and Hearings
          Written Testimony and Commentary
            Advisor or Consultant
              Counsel
                Symposia Organization
                  Professional Membership
                    Fellowships
                      Other Service