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 (58)

The Expectation Measure and its Discontents (Shawn J. Bayern and Melvin A. Eisenberg) Michigan State Law Review (2013)

Equidad, perfil y eficiencia en las sociedades (Robert Cooter and Melvin Aron Eisenberg) Revista de Derecho THEMIS 59 (2011)

Impossibility, Impracticability, and Frustration - Professor Goldberg Constructs an Imaginary Article, Attributes It to Me, and then Criticizes It (Melvin A. Eisenberg) Journal of Legal Analysis (2010)

The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, and Nonperformance (Melvin Aron Eisenberg) Michigan Law Review (2009)

It is often asserted that contract law is based on strict liability, not fault. This assertion is incorrect. Fault is a basic building block of contract law, and pervades the field. Some areas of contract ...

Impossibility, Impracticability, and Frustration (Melvin A. Eisenberg) Journal of Legal Analysis (2009)

The Disgorgement Interest in Contract Law (Melvin A. Eisenberg) Michigan Law Review (2006)

Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however, a fourth interest that contract ...

The Duty of Good Faith in American Corporate Law (Melvin A. Eisenberg) European Company and Financial Law Review (2006)

An important development in American corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate managers owe a fiduciary duty of good faith in addition to their traditional duties of ...

The Duty of Good Faith in Corporate Law (Melvin A. Eisenberg) Delaware Journal of Corporate Law (2006)

An important development in corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate managers owe a fiduciary duty of good faith in addition to their traditional duties of care ...

Actual and Virtual Specific Performance, the Theory of Efficient Breach, and the Indifference Principle in Contract Law (Melvin A. Eisenberg) California Law Review (2005)

The Architecture of American Corporate Law: Facilitation and Regulation (Melvin Aron Eisenberg) Berkeley Business Law Journal (2005)

The Revocation of offers (Melvin A. Eisenberg) Wisconsin Law Review (2004)

Disclosure in Contract Law (Melvin A. Eisenberg) California Law Review (2003)

Mistake in Contract Law (Melvin A. Eisenberg) California Law Review (2003)

Expectation Damages and the Theory of Overreliance (Melvin A. Eisenberg and Brett H. McDonnell) Hastings Law Journal (2002)

The Duty to Rescue in Contract Law (Melvin A. Eisenberg) Fordham Law Review (2002)

The Concept of National Law and the Rule of Recognition (Melvin A. Eisenberg) Florida State University Law Review (2001)

The Emergence of Dynamic Contract Law (Melvin Aron Eisenberg) California Law Review (2000)

Legal Reasoning: The Simultaneous Equation (Program) (Melvin A. Eisenberg) George Wythe Lecture (2000)

Fairness, Character, and Efficiency in Firms (Robert Cooter and Melvin A. Eisenberg) University of Pennsylvania Law Review (2000)

Corporate Law and Social Norms (Melvin A. Eisenberg) Columbia Law Review (1999)

Why There Is No Law of Relational Contracts (Melvin A. Eisenberg) Northwestern University Law Review (1999)

Corporate Conduct That Does Not Maximize Shareholder Gain: Legal Conduct, Ethical Conduct, the Penumbra Effect, Reciprocity, the Prisoner's Dilemma, Sheep's Clothing, Social Conduct, and Disclosure (Melvin Aron Eisenberg) Stetson Law Review (1998)

Deals with the question of nonmaximizing corporate conduct. Types of corporate conduct that appear to be or are non nonmaximizing; Narration of the section 2.01 of the American Law Institute's `Principles of Corporate Governance' to ...

Probability and Chance in Contract Law (Melvin Aron Eisenberg) UCLA Law Review (1998)

The Conception That the Corporation Is a Nexus of Contracts, and the Dual Nature of the Firm (Melvin A. Eisenberg) Journal of Corporation Law (1998)

The World of Contract and the World of Gift (Melvin Aron Eisenberg) California Law Review (1997)