SelectedWorks - Melvin A. Eisenberg

Works of Melvin A. Eisenberg

Jesse H. Choper Professor of Law

Eisenberg is the author of The Nature of the Common Law (1991) and The Structure of the Corporation (1997) and has published casebooks on the subjects of contracts and corporations.

Works
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About Melvin A. Eisenberg

Eisenberg is the author of The Nature of the Common Law (1991) and The Structure of the Corporation (1997) and has published casebooks on the subjects of contracts and corporations.

Present	Jesse H. Choper Professor of Law, Berkeley Law
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Articles (59)

The Expectation Measure and its Discontents

Michigan State Law Review (2013)

Shawn J. Bayern and Melvin A. Eisenberg

Impossibility, Impracticability, and Frustration - Professor Goldberg Constructs an Imaginary Article ...

Journal of Legal Analysis (2010)

Melvin A. Eisenberg

The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances ...

Michigan Law Review (2009)

Melvin Aron Eisenberg

It is often asserted that contract law is based on strict liability, not fault. This assertion is incorrect. Fault is ...

Impossibility, Impractiability, and Frustration

Journal of Legal Analysis (2009)

Melvin A. Eisenberg

The Disgorgement Interest in Contract Law

Michigan Law Review (2006)

Melvin A. Eisenberg

Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, ...

The Duty of Good Faith in American Corporate Law

European Company and Financial Law Review (2006)

Melvin A. Eisenberg

An important development in American corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate ...

The Duty of Good Faith in Corporate Law

Delaware Journal of Corporate Law (2006)

Melvin A. Eisenberg

An important development in corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate managers ...

Actual and Virtual Specific Performance, the Theory of Efficient Breach ...

California Law Review (2005)

Melvin A. Eisenberg

The Architecture of American Corporate Law: Facilitation and Regulation

Berkeley Business Law Journal (2005)

Melvin Aron Eisenberg

The Revocation of offers

Wisconsin Law Review (2004)

Melvin A. Eisenberg

Disclosure in Contract Law

California Law Review (2003)

Melvin A. Eisenberg

Mistake in Contract Law

California Law Review (2003)

Melvin A. Eisenberg

Expectation Damages and the Theory of Overreliance

Hastings Law Journal (2002)

Melvin A. Eisenberg and Brett H. McDonnell

The Duty To Rescue in Contract Law

Fordham Law Review (2002)

Melvin A. Eisenberg

The Duty to Rescue in Contract Law

Fordham Law Review (2002)

Melvin A. Eisenberg

Fairness, Character and Efficiency in Firms

Robert D. Cooter and Melvin A. Eisenberg

The Concept of National Law and the Rule of Recognition

Florida State University Law Review (2001)

Melvin A. Eisenberg

The Emergence of Dynamic Contract Law

California Law Review (2000)

Melvin Aron Eisenberg

Legal Reasoning: The Simultaneous Equation (Program)

George Wythe Lecture (2000)

Melvin A. Eisenberg

Fairness, Character, and Efficiency in Firms

University of Pennsylvania Law Review (2000)

Robert Cooter and Melvin A. Eisenberg

Corporate Law and Social Norms

Columbia Law Review (1999)

Melvin A. Eisenberg

Why There Is No Law of Relational Contracts

Northwestern University Law Review (1999)

Melvin A. Eisenberg

Corporate Conduct That Does Not Maximize Shareholder Gain: Legal Conduct ...

Stetson Law Review (1998)

Melvin Aron Eisenberg

Deals with the question of nonmaximizing corporate conduct. Types of corporate conduct that appear to be or are non nonmaximizing; ...

Probability and Chance in Contract Law

UCLA Law Review (1998)

Melvin Aron Eisenberg

The Conception That the Corporation Is a Nexus of Contracts ...

Journal of Corporation Law (1998)

Melvin A. Eisenberg