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Brent J. Horton

Brent Horton - Business faculty

Associate Professor
Law and Ethics
Joined Fordham: 2008

General Information:
140 W. 62nd Street, Room 304,
New York, NY 10023

Website: SSRN Author Page


Brent J. Horton is an associate professor at Gabelli School of Business, where he teaches courses in business law, business associations, and corporate and securities law. In 2009 he received the Cura Personalis Award, presented to the faculty member who best embodies the Jesuit principle of "care of the whole person" by nurturing and challenging students' hearts and minds.

Professor Horton's scholarship focuses on the ability of non-corporate business associations—LPs and LLCs—to modify traditional fiduciary duties, and the impact of such modification on investors. Professor Horton's article, The Going-Private Freeze-Out: A Unique Danger for Investors in Delaware Non-Corporate Business Associations, which appeared in the Delaware Journal of Corporation Law in 2013, was recently cited by the Delaware Court of Chancery inAllen v. El Paso Pipeline GP Company, LLC.

Professor Horton is also the author of a substantial body of scholarship focusing on the securitization of mortgages (the creation of "mortgage-backed securities" or "MBS"). He has published—or is committed to publish—articles about the regulation of MBS in the Boston University Law Review, Florida Law Review and Tulane Law Review.

For a full list of Professor Horton's scholarship, please click on the "Publications" tab below.


  • JD: Syracuse University College of Law
  • Master's: LLM in Corporate Law: New York University Law School
  • Bachelor's: State University of New York College at Geneseo

Research Interests

  • Corporate Governance
  • Business Entities
  • Securities Regulation


  • Brent J. Horton, Malign Manipulations: Can Google's Shareholders Save Democracy? 54 Wake Forest L. Rev. __ (forthcoming fall 2019)
  • Brent J. Horton, Spotify's Direct Listing: Is it a Recipe for Gatekeeper Failure? 72 SMU L. Rev. __ (forthcoming spring 2019).
  • Brent J. Horton, Rising To Their Full Potential: How A Uniform Disclosure Regime Will Empower Benefit Corporations, 9 Harv. Bus. L. Rev. __ (forthcoming winter 2018-2019).
  • In Defense of a Federally Mandated Disclosure System: Observing Pre-Securities Act Prospectuses, 54 Am. Bus. L. J. 743 (2017).
  • Modifying Fiduciary Duties in Delaware: Observing Ten Years of Decisional Law, 40 Del. J. Corp. L 921 (2016).
  • For the Protection of Investors and the Public: Why Fannie Mae's Mortgage-Backed Securities Should Be Subject to the Disclosure Requirements of the Securities Act of 1933, 89 Tulane L. Rev. 125 (2014).
  • Toward A More Perfect Substitute: How Pressure On The Issuers Of Private-Label Mortgage-Backed Securities Can Improve The Accuracy of Ratings, 93 B. U. L. Rev. 1905.
  • With Benjamin Cole and Ryan Vacca, Food For Thought: Genetically Modified Seeds as De Facto Standard Essential Patents, 84 U. Colo. L. Rev. 313.
  • The Going-Private Freeze-Out: A Unique Danger for Investors in Delaware Non-Corporate Business Associations, 38 Del. J. Corp. L. 53 (2013).
  • Brent J. Horton, When Does a Non-Bank Financial Company Pose a "Systemic Risk"? A Proposal for Clarifying Dodd-Frank, 37 J. Corp. L. 101 (2012).
  • Brent J. Horton, How Dodd–Frank's Orderly Liquidation Authority For Non-Bank Financial Companies Violates Article III of the United States Constitution, 36 J. Corp. L. 869 (2011).
  • Brent J. Horton, The TARP Bailout of GM: A Legal, Historical and Literary Critique, 14 Tex. Rev. L. & Pol. 217 (June 2010).
  • Brent J. Horton, In Defense of Private-Label Mortgage-Backed Securities, 61 Fla. L. Rev. 827 (2009).
  • Brent J. Horton, How Corporate Lawyers Escaped Sarbanes-Oxley: Disparate Treatment in the Legislative Process, 60 S.C. L. Rev. 149 (2008).
  • Stewart F. Hancock and Brent J. Horton, Commercial Litigation in New York State Courts, Chapter 44, "Compensatory Damages"(West Publishing, 2d ed., 2005).
  • Brent J. Horton, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Contribution Provision: Must A PRP First Face an Administrative Order or Cost Recovery Action? a Proposal for Amendment, 53 Syracuse L. Rev. 209 (2003).