David Rosenberg

Assc Professor

Zicklin School of Business

Department: Law

Areas of expertise:

Email Address: david.rosenberg@baruch.cuny.edu

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Education

J.D., Law, Cornell Law School

BA (with Honors), English, Oberlin College

Journal Articles

Rosenberg, D., & Kaminer, D. N. (2021). How the Conflict Between Anti-Boycott Legislation and the Expressive Rights of Business Endangers Civil Rights and Anti-Discrimination Laws. University of Richmond Law Review, 55. 36.

Rosenberg, D. (2017). The Corporate Paradox of Citizens United and Hobby Lobby. NYU Journal of Law and Liberty, 11(1). 21.

Rosenberg, D. (2014). Goodwill and the Excesses of Corporate Political Spending. Hastings Business Law Journal , 11(1). 29-55.

Rosenberg, D. (2012). Delaware's "Expanding Duty of Loyalty" and Illegal Conduct: A Step Toward Corporate Social Responsibility. Santa Clara Law Review, 52(1). 101-121.

(2009). Supplying the Adverb: The Future of Corporate Risk-Taking and the Business Judgment Rule. Berkeley Business Law Journal, 6(2).

(2007). Galactic Stupidity and the Business Judgement Rule. Journal of Corporation Law, 32. 301-335.

(2004). Making Sense of Good Faith in Delaware Corporate Fiduciary Law: A Contractarian Approach . Delaware Journal of Corporate Law, 29. 491-516.

(2003). The Two 'Cycles' of Venture Capital . Journal of Corporation Law (abstracted in Bown Digest for Corporate Securities Lawyers, March 2004), 28. 419-440.

(2002). Venture Capital Limited Partnerships: A Study in Freedom of Contract. Columbia Business Law Review (abstracted in Bowne Digest for Corporate and Securites Lawyers, January 2003), 363-398.

(2001). Fundamental Rights in Conflict: The Price of a Maturing Democracy. North Dakota Law Review, 77. 27-51.

(1991). Racist, Speech, The First Amendment and Public Universities: Taking a Stand on Neutrality. Cornell Law Review, 76. 549-588.

Law Reviews

Rosenberg, D. (2026). Saving the Environment Through Corporate Governance: "Real ESG" as a Cure for Democracy's Failings Loyola University Chicago Law Review.

Presentations

Rosenberg, D. (2026, July 20). Can a Liberal Be anti-ESG Investing?. Academy of Legal Studies in Business Annual Meeting. San Diego, CA: ALSB.

Rosenberg, D. (2026, April 20). Legal Recreational Marijuana in the Empire State: Ethical and Practical Implications. Legal Recreational Marijuana in the Empire State: Ethical and Practical Implications. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2026, July 12). The Risks for a Corporation in Taking a Controversial Social Stance. Zicklin Talks Business. Online: Zicklin School of Business.

Rosenberg, D. The Risk for Corporations in Taking a Controversial Social Stance. The Risk for Corporation in Taking a Controversial Social Stance. Online: Zicklin Talks Business.

Rosenberg, D. "The Man Who Broke Capitalism". The Man Who Broke Capitalism. Baruch College: Robert Zicklin Center for Corporate Integiry.

Rosenberg, D. (2026, March 20). Wall Street and the Biden Administration. Zoom: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2026, April 20). Anti-Boycott Legislation and the Expressive Rights of Businesses: The Ethics and Legality of State Laws that Combat the BDS Movement. Zoom

Rosenberg, D. (2026, October 20). How Did We Do? Baruch College Revisits a 2006 Conference on Pandemic Preparedness. Zoom: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2026, June 23). COVID-19 and the Ethics of Vaccine Distribution. Zicklin Talks Business. Online: Zicklin School of Business.

Rosenberg, D. (2026, October 20). Corporate Political Spending. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2026, March 20). Business and Religious Accommodations: Legal and Ethical Issues. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2015, February 20). Working Toward a Model of Executive Statesmanship in the Business School Curriculum. New York, NY: NYU Stern.

Rosenberg, D. (2014, May 8). Cleaning the Canal: Who Pays for Gowanus?. New York, NY: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2013, November 13). The Shareholder Value Myth. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2013, February 26). American Business and the Islamic World. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2012, September 6). LIBOR: Are They Still Playing Games in London?. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2012, May 10). Corporate Political Speech. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2011, September 13). Dodd-Frank Is One Year Old: What Has it Accomplished and What's Next?. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2011, October 25). Privacy, Data Mining and Business Ethics. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2010, October 7). Can We Use Corporate Governance to Combat Climate Change?. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2009, April 3). Greenwashing: The Realities of Promoting Green Business Practices in the Corporate World. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2007, March 28). Shareholder Activism: Governance Issues and Responses. Moderator. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2005, September 21). Corporate Misconduct: Who Should Pay. Panelist. Baruch College: Robert Zicklin Center for Corporate Integrity.

Rosenberg, D. (2002, October 17). How Delaware Law Fosters Venture Capital Investment. Columbia University Interface Seminars on Science and Technology.

Other Scholarly Works

Rosenberg, D., & Kessler, J. (2000). Combating Extremism in Cyberspace: The Legal Issues Affecting Internet Hate Speech.

Rosenberg, D. (1999). Hate Crimes Law. (revised edition), 23 pages.

Rosenberg, D. (1999). Religion in the Public Schools: Guidelines for a Growing and Changing Phenomenon. (revised edition), 51 pages.

Rosenberg, D. (1993). The Human Rights Watch Global Reports on Prisons. pp. 115-122.

Research Currently in Progess

Rosenberg, D.(n.d.). Real ESG as a Cure for a Failing Democracy. In Progress.

ESG is necessary because Citizens United and other decisions have allowed corporations to influence the substance of the laws that regulate them. Since passing stricter regulations is nearly impossible, environmentalists have called upon corporations to modify their behavior by focusing on the “E” in ESG. My paper argues that, contrary to conventional wisdom, fiduciary duties need not prevent corporate decisionmakers from prioritizing environmental values and therefore sacrificing profits. Indeed, for ESG to succeed, corporations can and must pursue their environmental agendas irrespective of the fact that this will inevitably hurt the company’s bottom line. Proponents of ESG should admit this at the outset.

TitleFunding Agency SponsorStart DateEnd DateAwarded DateTotal FundingStatus
Conference Coordinator PayrollBaruch College Fund07/01/201806/30/202106/17/2020127121.74Funded - In Progress
Honor / AwardOrganization SponsorDate ReceivedDescription
Teaching Excellence AwardZicklin School of Business2014
Abraham J. Brilof Prize in EthicsBaruch College2009
Teaching Excellence AwardZickin School of Business2007
FellowRobert Zicklin Center for Corporate Integrity 2006
Creative Achievement AwardBaruch College Faculty Scholarship2004
Summer Research Award (2004-2007)Zickin School of Business2004
Creative Achievement AwardBaruch College Faculty Scholarship2003
Zicklin Fellow in Law (2000-2002)2000
Freeman Prize for Civil-Human RightsCornel Law School1991
Reif PrizeCornell Law Review1991
Award for Exemplary Public Interest ProjectNational Association for Public Interest Law (NAPIL)1989
Public Interest Project1989

College

Committee NamePosition RoleStart DateEnd Date
Robert Zicklin Center for Corporate IntegrityDirectorPresent
Baruch Inquiry Scholars ProgramFaculty AdvisorPresent
Law Department Executive CommitteeCommittee MemberPresent
Library Committee, Law Department, Baruch CollegeCommittee ChairPresent
Honors Faculty Advisory CommitteeCommittee MemberPresent
Articulation CommitteeCommittee ChairPresent
Admissions Committee, Baruch College, Honors CollegeCommittee MemberPresent
Law Department Strategic Planning CommitteeCommittee MemberPresent
Law Department Committee on Law 1101Committee ChairPresent
Law Department Executive CommitteeCommittee MemberPresent
Honors Thesis CommitteeCommittee ChairPresent
BBA Learning Assurance CommitteeCommittee Member12/31/2012
Prizes and Awards CommitteeCommittee Chair12/31/2008
Baruch College Committee on Athletics Committee Member12/31/2007
Joint Committee on Research Committee Member12/31/2006
Articulation CommitteeCommittee Chair12/31/2005
Baruch College Faculty-Student Disciplinary CommitteeMember12/31/2004
Baruch College OrientationSpeaker12/31/2003
Jewish Resource Center, Film SeriesSpeaker12/31/2003
Baruch College Committee on Athletics Committee Chair12/31/2003
Task Force Committee on Faculty Issues-TeachingCommittee Member12/31/2003
Baruch College Prizes and Awards CommitteeCommittee Member12/31/2002
"Ethics Across the Curriculum" lecture series Coordinator12/31/2000

University

Committee NamePosition RoleStart DateEnd Date
Curriculum Committee, Macaulay Honors CollegeCommittee Member1/1/2011Present

Professional

OrganizationPosition RoleOrganization StateOrganization CountryStart DateEnd DateAudience
Fred Alger& Co.Mutual Fund Director/TrusteeNew YorkUnited States1/1/200712/31/2022International

Public

OrganizationPosition RoleOrganization StateOrganization CountryStart DateEnd DateAudience
Court TVPresent
Cornell Law ReviewPresent
Academy of Legal Studies in BusinessMemberNew YorkUnited States1/1/200212/31/2022National