Jordan Barry
USC Gould School of Law

Jordan Barry's research spans a variety of topics pertaining to business law, tax law, and law and economics. His work has been published in a range of academic publications, including the Stanford Law Review, Virginia Law Review, Journal of Political Economy, Southern California Law Review, and University of Pennsylvania Law Review. In addition, his research has been discussed in local, national and international media outlets, including The New Yorker, Bloomberg, NPR Marketplace, the Los Angeles Times, and the Times of India. 

Barry’s teaching covers a similar range of business, finance, and tax topics. His courses have included corporate finance, contracts, tax, tax policy, and law and economics, among other subjects. Prior to joining USC, Barry was a professor of law at the University of San Diego School of Law, where he also directed the Center for Corporate and Securities Law and co-directed the graduate tax program. In addition, Barry has taught courses at the University of Michigan Law School and the UC Berkeley School of Law.

In his time at the University of San Diego, Barry was awarded the Thorsnes Prize for Excellence in Teaching in both 2011-12 and 2018-19. He was named the Herzog Endowed Scholar for meritorious teaching and scholarship in both 2014-15 and 2015-16, University Professor in 2019, and the Kaye and Richard Woltman Professor in Finance in 2020. His article Regulatory Entrepreneurship (with Elizabeth Pollman) was named among the Top 10 Corporate and Securities Law Articles of 2017 by Corporate Practice Commentator. He was also named a "Favorite Faculty Member" by the USD School of Law’s Public Interest Law Foundation from 2011-12.

Before he became a professor, Barry practiced law in the New York office of Fried, Frank, Harris, Shriver & Jacobson and clerked for the Honorable Jay Bybee of the United States Court of Appeals for the Ninth Circuit. He is a graduate of Cornell University and Stanford Law School, where he served as Managing Editor of the Stanford Law Review.

Articles and Book Chapters

• "Rationalizing the Arbitrary Foreign Tax Credit," (with Ariel Jurow Kleiman) 73 Tax Law Review (2021). - (SSRN)
• "To Thine Own Self Be True? Personalized Law and Regulatory Avoidance," (with John William Hatfield & Scott Duke Kominers) 62 William & Mary Law Review 723 (2021). - (SSRN)
• "Collusion in Markets with Syndication," (with John William Hatfield, Scott Duke Kominers & Richard Lowery) 128 Journal of Political Economy (2020). - (www) - (SSRN)
• "Taxation and Innovation: The Sharing Economy as a Case Study," in Cambridge Handbook of the Law of the Sharing Economy (N. Davidson, M. Finck & J. Infranca, eds., 2018). - (SSRN)
• "Regulatory Entrepreneurship," (with Elizabeth Pollman) 89 Southern California Law Review (2017). - (SSRN)
• "Takeover Defenses: The Lay of the Land and Disputed Signposts," in Research Handbook of Mergers and Acquisitions (C. Hill & S. Davidoff-Solomon, eds., 2016). - (SSRN)
• "Long-term Shareholders and Time-Phased Voting," (with Lynne Dallas) 40 Delaware Journal of Corporate Law 541 (2015). - (SSRN)
• "On Derivatives Markets and Social Welfare: A Theory of Empty Voting and Hidden Ownership," (with John William Hatfield & Scott Duke Kominers) 99 Virginia Law Review 1103 (2013). - (SSRN)
• "Pills and Partisans: Understanding Takeover Defenses," (with John William Hatfield) 160 University of Pennsylvania Law Review 633 (2012). - (SSRN)
• "Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause," 64 Stanford Law Review 535 (2012). - (SSRN)

FACULTY IN THE NEWS

Harvard Law School Forum on Corporate Governance
September 25, 2023
Re: Jonathan Barnett

Jonathan Barnett wrote an op-ed piece, based on his forthcoming paper to be published in the University of Chicago Business Law Review, about antitrust regulations and the effects it has on merger review processes. "This inquiry raises serious concerns that legislators and regulators have embarked on a course of action that has an insufficient factual foundation in the digital markets on which competition policymakers have focused," Barnett wrote.

RECENT SCHOLARSHIP

Jonathan Barnett
August, 2023

"Killer Acquisitions Reexamined: Economic Hyperbole in the Age of Populist Antitrust," University of Chicago Business Law Review.

Robin Craig
August, 2023

Robin Craig's article, "The Regulatory Shifting Baseline Syndrome: Vaccines, Generational Amnesia, and the Shifting Perception of Risk in Public Law Regimes," 21 Yale Journal of Health Policy, Law, and Ethics 1-60 (July 2022), was featured in The Regulatory Review on August 31, 2023.

Edward McCaffery
August, 2023

"The Paradox of Taxing the Rich," Florida Tax Review (Forthcoming, Fall 2023).