Professor of Law

Curriculum Vitae
SSRN (academic papers)
ORCID
Telephone: 646-312-8752
Email: mgelter@law.fordham.edu
Office: Room 8-125
Hours: by appointment

Faculty Assistant: Joseph Nolfo
Email: nolfo@law.fordham.edu

Research and Teaching Areas

Comparative; Business; Economics and Law

Bio

An expert in comparative corporate law and governance, Professor Martin Gelter joined Fordham Law School in 2009. Previously, he was an Assistant Professor in the Department of Civil Law and Business Law at the WU Vienna University of Economics. He also has been a Terence M. Considine Fellow in Law and Economics and a John M. Olin Fellow in Law and Economics at Harvard Law School, and a Visiting Fellow at the University of Bologna. His scholarship has been published in distinguished journals including Harvard International Law Journal, NYU Journal of Law and Business, and Fordham International Law Journal.
Previous experience includes:

• Visiting Professor, Université Paris-II Panthéon-Assas
• Assistant Professor, WU Vienna University of Economics and Business, Department of Civil Law and Business Law
• Terence M. Considine Fellow and John M. Olin Fellow in Law and Economics, John M. Olin Center for Law, Economics, and Business, Harvard Law School
• Visiting Fellow, Institute of Advanced Studies, Department of Law “Antonio Cicù” and Department of Economics, University of Bologna

Professional Affiliations

• European Corporate Governance Institute (nominated as research associate in 2006)
• American Law and Economics Association
• European Association for Law and Economics

Selected Publications

• Corporate Opportunities in the US and in the UK (with Geneviève Helleringer), forthcoming in Research Handbook on Fiduciary Law (Andrew Gold & D. Gordon Smith eds. 2017) [working paper download].
• Comparative Corporate Governance: Old and New, in Barnali Choudhury & Martin Petrin eds. 2017) [working paper download]
• Centros, the Freedom of Establishment for Companies and the Court’s Accidental Vision for Corporate Law, in EU LAW STORIES: CONTEXTUAL AND CRITICAL HISTORIES OF EUROPEAN JURISPRUDENCE  309-337 (Fernanda Nicola & Bill Davies eds. 2017) [working paper download] .
• Lift not the Painted Veil! To Whom are Directors’ Duties Really Owed? (with Geneviève Helleringer), 2015 U. ILL. L. REV. 1069-1118 .
• Whose Trojan Horse? The Dynamics of Resistance against IFRS (with Zehra G. Kavame), 36 U. PA. J. INT’L L. 89-190 (2014).
• Constituency Directors and Corporate Fiduciary Duties, in PHILOSOPHICAL FOUNDATIONS OF FIDUCIARY LAW 302-320 (Oxford University Press, Andrew Gold & Paul Miller eds., 2014) (with Geneviève Helleringer) [working paper download]
• Citations to Foreign Courts - Illegitimate and Superfluous, or Unavoidable? Evidence from Europe, 62 AM. J. COMP. L. 35-85 (2014) (with Mathias M. Siems) [working paper download].
• Risk-shifting through Issuer Liability and Corporate Monitoring, 14 EUR. BUS. ORG. L. REV. 497-533 (2013) [working paper download].
• Language, Legal Origins, and Culture before the Courts: Cross-Citations between Supreme Courts in Europe, in 21 SUP. CT. ECON. REV. (2013) (with Mathias M. Siems) [working paper download].
• The Pension System and the Rise of Shareholder Primacy, 43 SETON HALL L. REV. 909-970 (2013).
• Corporate Governance, Corporate and Employment Law, and the Costs of Expropriation, 8 REV. L. & ECON. 457-486 (2012) (with Giulio Ecchia & Piero Pasotti) [working paper download].
• Why do Shareholder Derivative Suits Remain Rare in Continental Europe?, 37 BROOKLYN J. INT'L L. 843-892 (2012).
• Taming or Protecting the Modern Corporation? Shareholder-Stakeholder Debates in a Comparative Light, 7 NYU J. L. & BUS. 641-730 (2011) [working paper download].
• The Dark Side of Shareholder Influence: The Connection between Managerial Autonomy and Stakeholder Orientation in Comparative Corporate Governance, 50 HARV. INT’L L. J. 129-194 (2009).
• The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism, 31 HASTINGS INT’L & COMP. L. REV. 295-360 (2008) (with K. Grechenig).
• How the Old World Encountered the New One: Regulatory Competition and Cooperation in European Corporate and Bankruptcy Law, 81 TULANE L. REV. 577-646 (2007) (with L. Enriques); reprinted in 49 CORPORATE PRACTICE COMMENTATOR 653-722 (2007) [working paper download].
• Constraining Dominant Shareholders' Self-Dealing: The Legal Framework in France, Germany and Italy, 4 EUR. COMPANY & FIN. L. REV. 491-528 (2007) (with Pierre-Henri Conac & Luca Enriques).
• The Subordination of Shareholder Loans in Bankruptcy, 26 INT’L REV. L. & ECON. 478-502 (2006) [working paper download].
• Regulatory Competition in European Company Law and Creditor Protection, 7 EUR. BUS. ORG. L. REV. 417-453 (2006) (with Luca Enriques); reprinted in THE LAW AND ECONOMICS OF CREDITOR PROTECTION: A TRANSATLANTIC PERSPECTIVE 421-457 (Horst Eidenmüller & Wolfgang Schön eds. 2008).
• The Structure of Regulatory Competition in European Corporate Law, 5 J. CORP. L. STUDIES 247-284 (2005) [working paper download].

Education

• Harvard Law School, SJD, 2009, LLM, 2003 (waived for SJD fellowship)
• WU Vienna University of Economics and Business, Dr. rer.soc.oec., 2003, Mag.rer.soc.oec., 1998
• University of Vienna, Dr. iur., 2001, Mag. iur., 1998