Grant M. Hayden

Full-time faculty

Professor of Law

Biography

Professor Hayden received his law degree with distinction from Stanford Law School and holds a B.A. in philosophy and an M.A. in art history from the University of Kansas. While in law school, he served as editor of the Stanford Law Review and the Stanford Law and Policy Review, and was a member of the Order of the Coif. After graduation he worked as a clerk for Tenth Circuit Judge Deanell Reece Tacha and as an associate at the Washington, D.C. firm of Shea & Gardner.

Prior to SMU, Professor Hayden taught at the Maurice A. Deane School of Law at Hofstra University and served as a Hofstra Research Fellow.

Professor Hayden writes and teaches in the areas of corporate governance, voting rights, and labor law. His publications include articles in the California, Illinois, Vanderbilt, and Michigan Law Reviews. He is the author of AMERICAN LAW: AN INTRODUCTION (third edition) (Oxford University Press, 2017) (with Lawrence M. Friedman) and RECONSTRUCTING THE CORPORATION: FROM SHAREHOLDER PRIMACY TO SHARED GOVERNANCE (Cambridge University Press, 2020) (with Matthew T. Bodie).

Areas of Expertise

Corporate Governance
Voting Rights
Labor Law

Education

B.A. with honors, (Phi Beta Kappa) University of Kansas
M.A., History of Art, (University Graduate Honors Fellowship) University of Kansas
J.D. with distinction, (Order of the Coif) Stanford Law School

Courses

Election Law
Employment Discrimination
Labor Law
Disability Law
Legislation & Regulation

Books

LABOR RELATIONS LAW: CASES AND MATERIALS (fourteenth edition) (Carolina Academic Press) (forthcoming 2021) (with Charles B. Craver and Marion G. Crain)

RECONSTRUCTING THE CORPORATION: FROM SHAREHOLDER PRIMACY TO SHARED GOVERNANCE (Cambridge University Press) (2020) (with Matthew Bodie)

AMERICAN LAW: AN INTRODUCTION (third edition) (Oxford University Press) (2017) (with Lawrence Friedman)

Articles

Codetermination in Theory and Practice, 73 Florida Law Review (forthcoming 2021) (with Matthew Bodie)
Full-text: SSRN | SMU Repository

The Corporation Reborn: From Shareholder Primacy to Shared Governance, 61 Boston College Law Review (forthcoming 2020) (with Matthew Bodie)
Full-text: SSRN | SMU Repository

Shareholder Voting and the Symbolic Politics of Corporation as Contract, 53 Wake Forest Law Review 511 (2018) (with Matthew Bodie)
Full-text: SSRN | SMU Repository

Sins of Omission: Abstention in Democratic Institutions, 2016 Illinois Law Review 425 (2016)
Full-text: SSRN | SMU Repository

A Game Changer for the Political Economy of Economic Development Incentives, 56 Arizona Law Review 953 (2014) (with Stephen Ellis and Cynthia Rogers)
Full-text: SSRN | SMU Repository

Larry from the Left: An Appreciation, 8 Virginia Law & Business Review 121 (2014) (with Matthew Bodie)
Full-text: SSRN | SMU Repository

The Bizarre Law and Economics of Business Roundtable v. SEC, 38 Journal of Corporation Law 101 (2012) (with Matthew Bodie)
Full-text: SSRN | SMU Repository

Abstention: The Unexpected Power of Withholding Your Vote, 43 Connecticut Law Review 585 (2010)
Full-text: SSRN | SMU Repository

The Cult of Efficiency in Corporate Law, 5 Virginia Law & Business Review 239 (2010) (with Stephen Ellis)
Full-text: SSRN | SMU Repository

Shareholder Democracy and the Curious Turn Toward Board Primacy, 51 William and Mary Law Review 2071 (2010) (with Matthew Bodie)
Full-text: SSRN | SMU Repository

Arrow’s Theorem and the Exclusive Shareholder Franchise, 62 Vanderbilt Law Review 1217 (2009) (with Matthew Bodie), republished in 51 Corporate Practice Commentator 591 (2009)
Full-text: SSRN | SMU Repository

The False Promise of One Share, One Vote, 30 Cardozo Law Review 445 (2008) (with Matthew Bodie)
Full-text: SSRN | SMU Repository

Law and Economics After Behavioral Economics, 55 Kansas Law Review 629 (2007) (with Stephen Ellis)
Full-text: SSRN | SMU Repository

The Supreme Court and Voting Rights: A More Complete Exit Strategy, 83 North Carolina Law Review 949 (2005)
Full-text: SSRN | SMU Repository

Resolving the Dilemma of Minority Representation, 92 California Law Review 1589 (2004) (Honorable Mention in the Association of American Law Schools’ Scholarly Paper Competition)
Full-text: SSRN | SMU Repository

The False Promise of One Person, One Vote, 102 Michigan Law Review 213 (2003)
Full-text: SSRN | SMU Repository

The University Works Because We Do: The Status of Graduate Teaching and Research Assistants for the Purpose of Collective Bargaining, 69 Fordham Law Review 1233 (2001)
Full-text: SSRN | SMU Repository

The Limits of Social Choice Theory: A Defense of the Voting Rights Act, 74 Tulane Law Review 87 (1999)
Full-text: SSRN | SMU Repository

Book Chapters

Economic Development Incentives: Traps and Accountability, in REGIONAL ECONOMIC DEVELOPMENT COMPARED: EU-EUROPE AND THE AMERICAN SOUTH (Gunter J. Bischof, ed., 2014) (with Stephen Ellis and Cynthia Rogers)

The Solution: Help America Vote Act and Voting Now, in VOTING IN AMERICA (Morgan E. Felchner, ed., 2008)

Other Publications

The Bright Future of Elections Scholarship, 11 Election Law Journal: Rules, Politics, & Policy 545 (2012) (book review)
Full-text: SSRN | SMU Repository

The Uncorporation and the Unraveling of “Nexus of Contract” Theory, 109 Michigan Law Review 1127 (2011) (with Matthew Bodie) (book review)
Full-text: SSRN | SMU Repository

The End of Inequality?, 8 Election Law Journal: Rules, Politics & Policy 47 (2009) (book review)
Full-text: SSRN | SMU Repository

Refocusing on Race, 73 George Washington Law Review 1254 (2005) (symposium)
Full-text: SSRN | SMU Repository

Shaw v. Reno, Miller v. Johnson, and Disparate Treatment, in THE OXFORD COMPANION TO THE SUPREME COURT (2005) (entries)
Full-text: SSRN | SMU Repository

Working Together, 7 Regional Labor Review 34 (2005) (book review)
Full-text: SSRN | SMU Repository

Age Discrimination by Employers, 5 REGIONAL LABOR REVIEW 40 (Fall 2002) (book review)
Full-text: SSRN | SMU Repository

Voting and Political Participation, in THE OXFORD COMPANION TO AMERICAN LAW (2002) (entry)

Some Keys to the NBA Lockout, 16 HOFSTRA LABOR & EMPLOYMENT LAW JOURNAL 453 (1999) (essay)
Full-text: SSRN | SMU Repository

Some Implications of Arrow’s Theorem for Voting Rights, 47 STANFORD LAW REVIEW 295 (1995) (note)
Full-text: SSRN | SMU Repository