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Henry N. Butler – February 21, 2016 Page 1 of 14 HENRY N. BUTLER Dean and Professor of Law George Mason University Antonin Scalia Law School 3301 Fairfax Drive Arlington, VA 22201 703-993-8644 [email protected] EDUCATION J.D. University of Miami School of Law, 1982 Ph.D. Economics, Virginia Polytechnic Institute and State University, 1982 M.A. Economics, Virginia Polytechnic Institute and State University, 1979 B.A. Economics, University of Richmond, Virginia, 1977 PROFESSIONAL EXPERIENCE George Mason University Antonin Scalia Law School, Arlington, Virginia June 2015 present: Dean and Professor of Law August 2010 June 2015: George Mason University Foundation Professor of Law; and Executive Director, Law & Economics Center Northwestern University School of Law, Chicago, Illinois July 2007 June 2010: Executive Director, Searle Center on Law, Regulation, and Economic Growth; and Senior Lecturer in Law The Brookings Institution and AEI-Brookings Joint Center for Regulatory Studies Washington, DC January 2003 to June 2008 Director, Judicial Education Program Chapman University, Orange, California July 2006 June 2007: Professor of Law (by Courtesy) July 2001 June 2007: James Farley Professor of Economics, The Argyros School of Business and Economics July 2001 - February 2002: Dean, The Argyros School of Business and Economics, and Chairman, Law and Organizational Economics Center University of Kansas School of Business and School of Law, Lawrence, Kansas January 1999 - July 2001: Koch Distinguished Professor of Law and Economics June 1993 January 1999: Koch Distinguished Teaching Professor of Law and Economics

HENRY N. BUTLER - Antonin Scalia Law School · Henry N. Butler – February 21, 2016 Page 1 of 14 HENRY N. BUTLER Dean and Professor of Law George Mason University Antonin Scalia

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Henry N. Butler – February 21, 2016 Page 1 of 14

HENRY N. BUTLER

Dean and Professor of Law

George Mason University

Antonin Scalia Law School3301 Fairfax Drive

Arlington, VA 22201

703-993-8644

[email protected]

EDUCATION

J.D. University of Miami School of Law, 1982

Ph.D. Economics, Virginia Polytechnic Institute and State University, 1982

M.A. Economics, Virginia Polytechnic Institute and State University, 1979

B.A. Economics, University of Richmond, Virginia, 1977

PROFESSIONAL EXPERIENCE

George Mason University Antonin Scalia Law School, Arlington, Virginia

June 2015 – present: Dean and Professor of Law

August 2010 – June 2015: George Mason University Foundation Professor of Law; and

Executive Director, Law & Economics Center

Northwestern University School of Law, Chicago, Illinois

July 2007 – June 2010: Executive Director, Searle Center on Law, Regulation, and Economic

Growth; and Senior Lecturer in Law

The Brookings Institution and AEI-Brookings Joint Center for Regulatory Studies

Washington, DC

January 2003 to June 2008 Director, Judicial Education Program

Chapman University, Orange, California

July 2006 – June 2007: Professor of Law (by Courtesy)

July 2001 – June 2007: James Farley Professor of Economics, The Argyros School of

Business and Economics

July 2001 - February 2002: Dean, The Argyros School of Business and Economics, and

Chairman, Law and Organizational Economics Center

University of Kansas School of Business and School of Law, Lawrence, Kansas

January 1999 - July 2001: Koch Distinguished Professor of Law and Economics

June 1993 – January 1999: Koch Distinguished Teaching Professor of Law and Economics

Henry N. Butler – February 21, 2016 Page 2 of 14

October 1993 - July 2001: Director, Law and Organizational Economics Center

January 1995 - January 1996: Director, Lawrence MBA Program

George Mason University School of Law

September 1990 - June 1993: Professor of Law

1988 - 90: Associate Professor

1986 - 88: Assistant Professor

January 1989 - June 1991: Associate Dean and Director, Law and Economics Center

October 1988 - January 1989: Associate Director, Law and Economics Center

University of Chicago Law School

1985 - 1986: John M. Olin Visiting Fellow in Law and Economics

Texas A & M University

1982 - 1986: Assistant Professor of Management, College of Business Administration

COURSES TAUGHT RESEARCH INTERESTS

Antitrust Antitrust

Contracts Corporate Governance

Business Associations Consumer Protection

Banking Regulation Health Care Policy

Corporate Governance and Control Federalism

Economic Foundations of Legal Studies Environmental Policy

Insurance Theory and Regulation

Law and Economics

Law and Accounting

Corporate Finance

Managerial Economics/Organizational Economics

Quantitative Methods for Lawyers

PROFESSIONAL SERVICE

Member, 2019 Commemorative Entrepreneurialism and Innovation Committee, Jamestown-

Yorktown Foundation (2016 to present)

Member, Board of Directors, PERC – The Property & Environmental Research Center, Bozeman,

Montana (2013 to present)

Honorary Member, American College of Business Court Judges (April 2008)

Henry N. Butler – February 21, 2016 Page 3 of 14

Member, Legal Advisory Committee, American Enterprise Institute Legal Center for the Public

Interest (2007 - 2009)

Member, Legal Policy Advisory Board, Washington Legal Foundation (2006 – 2010)

Member, Legal Advisory Board, National Legal Center for the Public Interest (2000 - 2007).

Member, Atlantic Legal Foundation Board of Advisors (1999 - present).

Member, Kansas Governor-Elect William Graves’ Health Care Transition Team Task Force

(November 1994 - January 1995).

Chairman, Advisory Committee, George Mason University Center for Economic Education

(1990 - 1993).

Member, Board of Directors, Virginia Council on Economic Education (1990 - 1993).

Member, Editorial Board, Regulation (1989 - 2000).

Member, Advisory Committee, Regulation and Federalism Project, American Enterprise Institute

(1990-1992)

Staff Editor, American Business Law Journal (1985 - 1989).

Occasional referee for Journal of Law & Economics, Journal of Legal Studies, Journal of Political

Economy, Journal of Economic Behavior and Organization, Journal of Law, Economics and

Organizations, and Public Choice.

Member, Washington Legal Foundation, Board of Academic Advisors (1987 - 88).

Senior Fellow in Political Economy, Citizens for a Sound Economy (1987 - 89).

PROFESSIONAL AFFILIATIONS

American Law and Economics Association

The Federalist Society

Mont Pelerin Society

Orange County Forum for Corporate Directors (2005-2007)

State Bar of Texas (inactive, admitted 1985)

American Bar Association

American Association for Justice (formerly Association of Trial Lawyers of America)

Virginia State Bar (Associate Member, 2016)

Virginia Bar Association (2016 – )

Henry N. Butler – February 21, 2016 Page 4 of 14

PUBLICATIONS

Dissertation

Legal Change in an Interest-Group Perspective: The Demise of Special Corporate

Chartering; Ph.D., Economics, Virginia Polytechnic Institute and State University, 1982; Robert

D. Tollison, Chairman (Doctoral Committee included James M. Buchanan, 1986 Nobel Laureate in

Economics).

Journal Articles

Restricted Distribution Contracts and the Opportunistic Pursuit of Treble Damages, 59 Washington

Law Review 27 (1983).

Vertical Restraints of Trade as Contractual Integration: A Synthesis of Relational Contracting

Theory, Transaction-Cost Economics, and Organizational Theory, 32 Emory Law Journal 1009

(1983) (with Barry D. Baysinger).

Nineteenth-Century Jurisdictional Competition in the Granting of Corporate Privileges, 14 Journal of

Legal Studies 129 (1985).

The Law and Economics of Residential Real Estate Markets in Texas: Regulation and Antitrust

Implications, 36 Baylor Law Review 623 (1984) (with Owen R. Phillips).

The Futility of Antitrust Attacks on Tie-In Sales: An Economic and Legal Analysis, 36 Hastings Law

Journal 173 (1984) (with Owen R. Phillips and Walter J. Lane).

The Role of Corporate Law in the Theory of the Firm, 28 Journal of Law and Economics 179 (1985)

(with Barry D. Baysinger).

Race for the Bottom v. Climb to the Top: The ALl Project and Uniformity in Corporate Law, 10

Journal of Corporation Law 431 (1985) (with Barry D. Baysinger).

Corporate Governance and the Board of Directors: Performance Effects of Changes in Board

Composition, 1 Journal of Law, Economics, and Organization 101 (1985) (with Barry D. Baysinger).

Revolution versus Evolution in Corporation Law: The ALl Project and the Independent Director, 52

George Washington Law Review 557 (1984) (with Barry D. Baysinger).

Antitakeover Amendments, Managerial Entrenchment, and the Contractual Theory of the

Corporation, 71 Virginia Law Review 1257 (1985) (with Barry D. Baysinger).

General Incorporation in Nineteenth Century England: Interaction of Common Law and Legislative

Processes, 6 International Review of Law and Economics 169 (1986).

Modes of Discourse in the Corporate Law Literature: A Reply to Professor Eisenberg, 12 Delaware

Journal of Corporate Law 107 (1987) (with Barry D. Baysinger).

Henry N. Butler – February 21, 2016 Page 5 of 14

Introduction: The First Amendment and Federal Securities Regulation (General Editor of the

Symposium), 20 Connecticut Law Review 261 (1988).

Corporation-Specific Anti-Takeover Statutes and the Market for Corporate Charters, Wisconsin Law

Review 365 (1988).

The Myth of Competition in the Dual Banking System, 73 Cornell Law Review 677 (1988) (with

Jonathan R. Macey).

State Anti-Takeover Statutes and the Contract Clause, 57 Cincinnati Law Review 611 (1988) (with

Larry E. Ribstein).

The Competitive Equality Doctrine and the Demise of Intrastate Branching Restrictions, 55

Tennessee Law Review 703 (1988)

The Contractual Theory of the Corporation, 11 George Mason University Law Review 99 (1989)

[reprinted in 31 Corporate Practice Commentator 556 (1990)].

State Takeover Legislation, The Market for Corporate Charters, and the Scope of Federal

Intervention: A Comment on Hitzeman, Indiana's Control Share Acquisition Statute, 27 American

Business Law Review 292 (1989).

Free at Last? The Contractual Theory of the Corporation and the New Maryland Officer-Director

Liability Provisions, 8 University of Baltimore Law Review 352 (1989) (with Larry E. Ribstein).

The Contract Clause and the Corporation, 55 Brooklyn Law Review 767 (1989) (lead article of

symposium issue) [reprinted in 32 Corporate Practice Commentator 269 (1990)] (with Larry E.

Ribstein).

Opting Out of Fiduciary Duties: A Response to the Anti-Contractarians, 65 University of Washington

Law Review 1 (1990) (with Larry E. Ribstein).

The Impact of Recent Banking Regulations on the Market for Corporate Control, 68 Washington

University Law Quarterly 861 (1990) (with J. Brady Dugan).

Introduction, A National Conference on Sentencing of the Corporation, 74 Boston University Law

Review 189 (1991).

Regulatory Takings After Lucas, Regulation; The Cato Review of Business and Government, Winter

1993 (3), pp.76-81.

The Political Market for Mandated Health Care Benefits Under the Proposed National Health

Security Act, Kansas Journal of Law and Public Policy, Winter 1993-94, pp. 113-119.

Corporate Governance Speech and the First Amendment, 43 University of Kansas Law Review 163

(1994) (with Larry E. Ribstein).

Henry N. Butler – February 21, 2016 Page 6 of 14

Health Care Reform: Perspectives from the Economic Theory of Regulation and the Economic

Theory of Statutory Interpretation, 79 Cornell Law Review 1434 (1995) (with Jonathan R. Macey).

Pollution, Externalities, and the Matching Principle, Yale Law School Symposium; Constructing a

New Federalism, Joint Symposium Issue of the Yale Journal on Regulation and the Yale Law and

Policy Review (1996) (with Jonathan R. Macey).

Why They Give at the Office: Shareholder Welfare and Corporate Philanthropy in the Contractual

Theory of the Corporation, 84 Cornell Law Review 1195 (1999) (with Fred S. McChesney).

Economic Analysis of Labor Markets: A Framework for Analyzing Employment Law Issues, VII

Kansas Journal of Law & Public Policy 1 (1999). Revision of Chapter VIII, Butler, Economic

Analysis for Lawyers (1998) (with Keith W. Chauvin).

The Manne Programs in Economics for Federal Judges, 50 Case Western Reserve Law Review 351

(1999).

On the “Delawarization of Bankruptcy” Debate, 52 Emory Law Journal 1309 (Fall 2003) (with Barry

Adler).

Smith v. Van Gorkom, Jurisdictional Competition, and the Role of Random Mutations in the

Evolution of Corporate Law, 45 Washburn Law Review 267 (2006)

A Defense of Common Law Environmentalism: The Discovery of Better Environmental Policy, 58

Case Western Reserve Law Review 705 (2008)

The Single-License Solution, Regulation 35-42 (Winter 2008-2009) (with Larry E. Ribstein) (longer

version available at Northwestern Law & Econ Research Paper No. 08-10; U Illinois Law &

Economics Research Paper No. LE08-015. Available at SSRN: http://ssrn.com/abstract=1134792)

Reforming State Consumer Protection Liability: An Economic Approach, 2010 Colum. Bus. L. Rev.

1 (with Jason S. Johnston)

Policy Reversal on Reserve Payments: Why The Courts Should Not Follow the Department of

Justice’s New Position on Reverse Payment Settlements, 96 Iowa Law Review 57 (2010) (with

Jeffrey Jarosch)

Are State Consumer Protection Acts Really Little FTC Acts? 63 Florida Law Review (2011)(with

Joshua Wright)

Activating Actavis: Economic Issues in Applying the Rule of Reason to Reverse Payment

Settlements, 15 Minnesota Journal of Law, Science & Technology (2014)(with Sumanth Addanki)

Sue, Settle, and Shut Out the States: Destroying the Environmental Benefits of Cooperative

Federalism, 37 Harvard Journal of Law & Public Policy 579 (2014)(with Nathanial J. Harris)

Henry N. Butler – February 21, 2016 Page 7 of 14

REMS-Restricted Drug Distribution Programs and Refusals to Deal – An Antitrust Analysis, 67

Florida Law Review __ (2015)

Books

The Legal Environment of Business; Government Regulation and Public Policy Analysis (Cincinnati:

South-Western Publishing Company, 1987).

The Corporation and the Constitution (Washington: AEI Press, 1995) (with Larry E. Ribstein).

Economic Analysis for Lawyers (Durham: Carolina Academic Press, 1998)

Economic Analysis for Lawyers, Second Edition (Durham: Carolina Academic Press, 2006)(with

Christopher Drahozal).

Economic Analysis for Lawyers, Third Edition (Durham: Carolina Academic Press, 2014 (with

Christopher Drahozal and Joanna Shepherd Bailey)

The Sarbanes-Oxley Debacle: What We’ve Learned, How to Fix It (Washington: AEI Press,

2006)(with Larry E. Ribstein).

Monographs, Book Chapters, and Other Publications

“State Petitions for a Balanced Budget Constitutional Convention: A Descriptive Essay on the

Political Economy of the Article V Process,” in P. Mink, ed., The Article V Convention Process

(Washington: National Legal Center for the Public Interest, 1987).

“Recent Cases Affecting Tender Offers, Employee Benefits, and Banking,” in Henry N. Butler, W.A.

Fischel, and William E. Kovacic, Significant Business Decisions of the Supreme Court's 1986-87

Term (Washington: Washington Legal Foundation, 1988).

“The Securities and Exchange Commission,” in Charles L. Heatherly and Burton Y. Pines, eds.,

Mandate for Leadership III; Policy Strategies for the 1990's (Washington: The Heritage Foundation,

1988). [Abbreviated version published as "Can the SEC Change?," The Corporate Board, May/June

1989.]

Beyond the FSLIC Bailout; Long- Term Solutions to the Crisis in Federal Deposit Insurance,

Heritage Backgrounder, (March 1989).

“Strengthening Intellectual Property Protections for U.S. Firms,” in Abbott B. Lipsky, Jr.,

Technology, Trade and World Competition; Protecting Intellectual Property with Trade Sanctions

35- 78 (1990).

“Rent Seeking, Global Budgets, and the Managed-Competition Cartel,” in Robert B. Helms, ed.,

Health Policy Reform; Competition and Controls (AEI, 1993), pp. 101-141.

Unhealthy Alliances: Bureaucrats, Interest Groups, and Politicians, American Enterprise Institute

Special Regulatory Issues Monograph, 1994.

Henry N. Butler – February 21, 2016 Page 8 of 14

Using Federalism to Improve Environmental Policy (Washington: AEI Press, 1996) (with Jonathan

R. Macey).

“Environmental Regulation, Political Incentives, and Federalism”, in Terry L. Anderson and P.J.

Hill, eds., Water Marketing: The Next Generation (1996) (with Jonathan R. Macey).

“Corporate Boards of Directors,” in Peter Newman, ed. The New Palgrave Dictionary of Economics

and the Law (London: Macmillan Reference, Ltd., 1998).

“Sarbanes-Oxley: Does it Really Restore Trust?”, in R. William Ide, ed., Ensuring the

Competitiveness of American Business: Restoring the Proper Regulatory and Enforcement Balance

(National Legal Center for the Public Interest, 2005).

“On My Mind – Where Was SOX?,” Forbes, December 22, 2008, p. 28 (with Larry E. Ribstein)

“Empowering Shareholders: It’s Time for Say on SOX,” Legal Backgrounder, Washington Legal

Foundation, February 13, 2009 (with Larry E. Ribstein)

“Introduction” and Editor of Volume 1, “The Economics of Corporations and Corporate Law,” The

Collected Works of Henry G. Manne (General Editor, Fred S. McChesney)(2009).

“Legal Process and the Discovery of Better Policies for Fostering Innovation and Growth,” (with

Larry E. Ribstein), Chapter 19 in The Kauffman Task Force on Law, Innovation, and Growth,

RULES FOR GROWTH: Promoting Innovation and Growth Through Legal Reform (2011).

Book Review

Review of Richard A. Epstein, Bargaining with the State (1993), 82 Public Choice 190-93 (1995).

PRESENTATIONS

“The Expanding Role of the United States Supreme Court Regarding Energy and Environmental

Disputes,” Panelist, 65th Annual Oil & Gas Law Conference, Houston, Texas, February 20, 2014.

“The Case for Business Courts: Specialization, Productivity, Predictability, and Judicial

Compensation,” University of Florida Chapter – Federalist Society, February 20, 2012; Quinnipiac

Chapter – Federalist Society, March 27, 2013.

“Law & Economics,” Annual Meeting, Education Section, Office of the Attorney General of

Virginia, Fairfax, Virginia, October 28, 2011.

“Law & Economics,” Judicial Conference of Virginia, Roanoke, Virginia, May 10, 2011.

“Why the Economic Analysis of Law is Important,” Wisconsin Judicial College, Milwaukee,

Wisconsin, November 4, 2009

Henry N. Butler – February 21, 2016 Page 9 of 14

“Economic Impact of Regulation by Litigation,” Philanthropy Roundtable program on A Stimulus

That Works: Strategies for Boosting Entrepreneurship, The Kauffman Foundation, Kansas City,

Missouri, May 14, 2009

“The Single-License Solution to Insurance Reform,” CATO State Health Policy Summit, Scottsdale,

Arizona; January 9, 2009;University of Florida School of Law, Federalist Society, January 22, 2009;

National Association of Mutual Insurance Companies, National Policy Summit, Washington, DC,

January 28, 2009.

“Assessing the FTC’s Consumer Protection Mission – How to Deal with State Consumer Protection

Acts,” The FTC at 100, U.S. Federal Trade Commission Hearing, Northwestern University School of

Law, October 25, 2008.

“A Jurisdictional Competition Approach to Insurance Regulatory Reform,” Searle Research

Symposium on Insurance Markets and Regulation, Northwestern University School of Law, April 15,

2008.

“Consumer Harm Acts? An Economic Analysis of State Consumer Protection Acts,” Faculty

Workshop, Case Western Reserve University School of Law, September 17, 2007; University of

Iowa School of Law, Student Chapter, The Federalist Society. October 31, 2007; Second Annual

Judicial Symposium on Civil Justice Issues, Brookings Judicial Education Program, November 11,

2007.

“Introduction to Law & Economics,” Delaware Annual Judicial Conference. Rehoboth Beach,

Delaware, October 5, 2007.

“Common Law Environmentalism and the Discovery of Better Environmental Policy,” Workshop,

PERC – Property and Environment Research Center, Bozeman, Montana, August 3, 2007.

“SOX, Criminal Sanctions, and the Ineffectiveness of Cajoling by Regulators,” Integrated Risk

Management and Corporate Governance, Loyola University Chicago, April 20, 2007.

“Smith v. Van Gorkom, Jurisdictional Competition, and The Role of Random Mutations in the

Evolution of Corporation Law,” Smith v. Van Gorkom – Twenty Years Later, Washburn University

Law School Symposium, Business and Transaction Law Center, September 30, 2005.

“SOX and Shareholders: Where’s the Benefit?” Orange County Forum for Corporate Directors,

Executive Preview: Experiences with 404 Compliance – What Have We Learned?, Costa Mesa,

California, June 2, 2005; The General Counsel Conference, “Ensuring the Competitiveness of

American Business: Restoring the Proper Regulatory and Enforcement Balance,” National Legal

Center for the Public Interest, Washington, D.C., May 11, 2005.

“SOX and Shareholders” for The Directors Roundtable, “Challenges Facing Boards of Directors:

Key Issues in SEC Disclosure and Enforcement,” Newport Beach, California, April 22, 2005.

Henry N. Butler – February 21, 2016 Page 10 of 14

“Private Equity and Organizational Structure,” Uncorporation: A New Age?, conference sponsored

by the University of Illinois College of Law, Chicago, April 23, 2004.

“ ‘There’s No Tellin’ Where The Money Went’ – Is This Stuff Really Law and Economics?” Indiana

Judicial College, Indianapolis, April 22, 2004.

“On the ‘Delawarization of Bankruptcy’ Debate”, Thrower Symposium, Emory University School of

Law, February 20, 2003 (with Barry Adler).

“Economic Thinking and the Methodology of Law & Economics,” Appellate Judges Division,

American Bar Association Judicial Division, San Diego, California, February 1, 2000.

“Law & Economics,” Ohio Common Pleas Judges Association, Columbus, December 2, 1999.

“Law & Economics,” American Judges Association, 1999 Annual Conference, Cleveland, Ohio,

October, 11, 1999.

“Economic Thinking and the Methodology of Law & Economics,” Michigan Judicial Institute: 1999

Annual Conference of Court of Appeals, Circuit, and Probate Judges, Grand Rapids, August 17,

1999.

“Law & Economics,” Iowa Judicial Institute, Des Moines, August 5 and 6, 1999.

“The Future of the Law and Economics Movement: From the Ivory Tower to the County

Courthouse,” The Manhattan Institute's Center for Legal Policy Luncheon Forum, New York City,

February 3, 1999.

“A Critique of the Team Production Theory of Corporate Philanthropy,” Cornell Law School

Conference on Corporate Social Responsibility, New York City, November 6, 1998.

“How Understanding Economics, Accounting and Finance Concepts Can Promote Truth, Justice and

Predictability in Your Courtroom,” Arizona Judicial College, Flagstaff, Arizona, June 9, 1998.

“The Law of Unintended Consequences,” Keynote Address, 1998 Herbert W. Walton Bench-Bar

Conference of the Johnson County Bar Association, Overland Park, Kansas, April 1, 1998.

“Federalism and the Environment,” Cornell Law School, January 29, 1998 (with Jonathan R.

Macey).

“Economic Methodology, Expert Testimony, and the Judge's Gatekeeper Role under Daubert,”

Jurisprudence Section on “Daubert Revisited,” 50th Anniversary Meeting of the American Academy

of Forensic Sciences, San Francisco, February 11, 1998.

“Combating Junk Economics: The KU Economics Institutes for State Judges,” Luncheon Address,

Jurisprudence Section, 50th Anniversary Meeting of the American Academy of Forensic Sciences,

San Francisco, February 11, 1998.

Henry N. Butler – February 21, 2016 Page 11 of 14

“The KU Economics Institutes for State Judges,” Mid-Year Conference of the Conference of Chief

Justices, Indianapolis, Indiana, February 6, 1998.

“Medical Savings Accounts: A Market-Based Solution to Health Care Affordability,” Lecture Two in

a Series of Three Lectures on “Assuring Health Care Access and Affordability in Changing Markets:

The Search for New Solutions” sponsored by the Cecil C. Humphreys School of Law, University of

Memphis, March 29,1995.

“Using Federalism to Improve Environmental Policy,” University of Kansas Schools of Law and

Business, January 26, 1993; University of Toronto Faculty of Law, Law and Economics Workshop,

October 26,1994; University of Michigan Law and Economics Workshop, February 16,1995;

Oklahoma State University Economics Workshop, March 16, 1995.

“Universal Health Insurance and Mandated Benefits,” The Independent Institute Conference on

Health Choices for America: Affordability vs. Bureaucracy, Washington, D.C., September 19, 1994.

“Unhealthy Alliances: Bureaucrats, Interest Groups, and Politicians,” American Enterprise Institute

Conference on Budget and Regulatory Aspects of the Clinton Health Care Plan, Washington, D.C.,

February 22, 1994.

“The Political Economy After Health Care Reform,” AALS Insurance Law Section, on the Clinton

Administration's Health Care Proposals, Orlando, January, 1994.

“The Political Economy of Global Budgeting to Control Health Care Spending,” American

Enterprise Institute Conference on "Regulating Health Care Expenditures: Political and Economic

Issues," Washington, D.C., April 21 & 22, 1993.

“Protecting U.S. Intellectual Property Rights: Substantive Reforms and Procedural Innovations,”

American Enterprise Institute Conference on "Innovation, Intellectual Property, and World

Competition," Washington, D.C., September, 1990.

“Free Speech, Free Enterprise, and RICO,” Cato Institute Conference on “Rico, Rights and the

Constitution,” Washington D.C., October 1989.

“Opting Out of Fiduciary Duties: A Response to the Anti-Contractarians,” faculty workshop,

University of Alabama Department of Economics, Finance and Legal Studies, October 1989.

“The Contract Clause and the Corporation,” First Annual Law and Economics Institute, University of

Connecticut School of Law, Apri1 1989 (with Larry E. Ribstein).

“Corporate Chartering in the EEC: The Prospects for Jurisdictional Competition in 1992,” Seminar,

Center for Study of Public Choice, George Mason University, October 1988.

“The Market Theory of Corporate Organization,” 1988 General Meeting of the Mont Pelerin Society,

Tokyo, Kyoto, Japan, September 1988.

Henry N. Butler – February 21, 2016 Page 12 of 14

“State Antitakeover Statutes and the Contract Clause,” American Business Law Association Annual

Meeting, New Orleans, August 1988, and The University of Cincinnati Corporate Law Symposium,

Apri1 1988.

“Economic Liberties and the Corporation,” Heritage Foundation, February 1988.

“The Myth of Competition in the Dual Banking System,” American Business Law Association

Annual Meeting, Philadelphia, August 1987.

“Applications of Public Choice Economics to Corporation Law and Securities Regulation,” Annual

Meeting of American Bar Association, Section of Corporation, Banking and Business Law, St. Louis,

April 1987.

“Antitakeover Amendments, Managerial Entrenchment, and the Contractual Theory of the Firm,”

American Business Law Association Annual Meeting, Portland, Oregon, August 1985.

“The Market for Corporate Charters: Structure, Conduct, and Performance,” Southern Economic

Association Meeting, Atlanta, November 1984.

“Corporate Law and the Theory of the Firm,” Emory University Law and Economics Workshop,

November 1984.

“Nineteenth Century Jurisdictional Competition in the Granting of Corporate Privileges,” Southern

Economic Association Meeting, Washington, November 1983.

SYMPOSIA AND CONFERENCE PARTICIPATION

Lecturer, “Contract Law,” Northwestern Law Executive LLM Joint Program with Instituto de

Empresa, Madrid, Spain, November 26 to December 5, 2008

Numerous Research Symposia, Research Roundtables, and Public Policy Conferences as Executive

Director of the Searle Center. See Searle Center website for complete listing.

Conference Director, “The Law & Economics of Innovation,” Searle Center Research Roundtable,

December 6-8, 2007.

Conference Director, “The End of the Microsoft Antitrust Case?”, Searle Center Public Policy

Conference, Northwestern University School of Law, November 15-16, 2007.

Conference Director, “Litigation and Tort Reform: Public Policy Implications of Recent Empirical

Studies,” Searle Center Public Policy Conference, Northwestern University School of Law, March

30, 2007.

Discussant, Corporate Governance and Securities Regulation, Searle Center Annual Review of

Regulation, Northwestern University School of Law, Chicago, Illinois, May 4, 2007.

Henry N. Butler – February 21, 2016 Page 13 of 14

Program Design and Moderator, “Civil Justice Issues,” West Virginia Spring 2007 Circuit Judges’

Education Conference, Martinsburg, West Virginia, May 3, 2007.

Moderator, Panel Discussion on “Miranda and Corporate Crime,” Chapman University Ninth Annual

Law Review Symposium, “Miranda at 40: Applications in a Post-Enron, Post-9/11 World”, January

26, 2007.

Guest with Chancellor William Chandler III, Delaware Court of Chancery, Dialogue with Jim Doti,

KOCE-TV, January 14, 2007.

Moderator, “Third Annual ISS Certified Directors Institute,” Orange County Forum for Corporate

Directors, November 1 and 2, 2006.

Julian Simon Fellow, PERC – The Property and Environment Research Center, Bozeman, Montana,

Summer 2006.

Moderator, “Second Annual ISS Certified Directors Institute,” Orange County Forum for Corporate

Directors, November 15 and 16, 2005.

Panelist, Chapman University School of Law Federalist Society, Dangerous Liaisons: FEMA, Moral

Hazards, and Human Decisions to Set Up Home or Shop in Risky Places, October 18, 2005.

Conference Participant, “Contracting for the Environment,” Joint Sponsored by PERC – the Center

for Free Market Environmentalism – and the Stanford Graduate School of Business, Emigrant,

Montana, September 18-21, 2003.

Conference Co-Director, “The Legacy of Henry G. Manne: Pioneer in Law & Economics and

Innovator in Legal Education,” Williamsburg, Virginia, May 21 & 22, 1999. Proceedings published

in 50 Case Western Reserve Law Review (1999).

Conference Director, Annual Policy Analysis Conference, University of Kansas Law and

Organizational Economics Center: “Economic Analysis of State Employment Law Issues,” October

1-3, 1998; “Civil Justice Issues for the Next Decade,” September 17-18, 1999.

Conference Director, Annual Appellate Judges and Lawyers Symposium, University of Kansas Law

and Organizational Economics Center: “RESTATEMENT (THIRD) OF TORTS: PRODUCTS

LIABILITY - Is It a Reasonably Safe Product?” June 26-27, 1998; “Scientific Methodology and the

Admissibility of Expert Testimony,” May 13- 15, 1999.

Conference Director, University of Kansas Law and Organizational Economics Center, Economics

Institutes for State Judges, 1995 to 2001.

John M. Olin Visiting Scholar in Law and Economics, Cornell Law School, September, 1994 and

April 1995.

Lecturer, “Economics of Contract Law,” FORMEZ Masters Program, Naples, Italy, May, 1993.

Henry N. Butler – February 21, 2016 Page 14 of 14

Conference Director, National Conference on Sentencing of the Corporation, Law and Economics

Center, George Mason University School of Law, Washington, D.C., October 25, 1990.

Conference Director, George Mason University, Law and Economics Center Programs on Economics

for Federal Judges; Economics for Law Professors; Law for Economics Professors; Risk, Injury and

Liability for Federal Judges; Statistical and Quantitative Methods for Federal Judges; Basic Science

for Federal Judges; 1988-1991.

Liberty Fund Conference on “The First Amendment and Federal Securities Regulation,” Arlington,

Virginia, October 1986.

Political Economy Research Center, “Law and Political Economy,” Big Sky, Montana, June-July

1986.

Summer Research Fellow, Liberty Fund/CLS Summer Research Seminar in Law and Political

Economy, New York and Chicago, 1980.

John M. Olin Fellow in Law and Economics, University of Miami Law and Economics Center, 1979-

1982.