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Articles 31 - 51 of 51
Full-Text Articles in Law
The Board Of Directors And Internal Control, Melvin A. Eisenberg
The Board Of Directors And Internal Control, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Shortcomings Of The Arguments Against Modernizing Corporate Law, Melvin A. Eisenberg
Shortcomings Of The Arguments Against Modernizing Corporate Law, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Disclosure In Contract Law, Melvin A. Eisenberg
Disclosure In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Concept Of National Law And The Rule Of Recognition, Melvin A. Eisenberg
The Concept Of National Law And The Rule Of Recognition, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Conception That The Corporation Is A Nexus Of Contracts, And The Dual Nature Of The Firm, Melvin A. Eisenberg
The Conception That The Corporation Is A Nexus Of Contracts, And The Dual Nature Of The Firm, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
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 law should and does protect: the disgorgement interest, which is the promisee's interest in requiring the promisor to disgorge a gain that was made possible by the promisor's breach, but did not consist of a benefit conferred on the promisor by the promisee. It is not clear why Restatement Second excluded the disgorgement interest. Perhaps the drafters believed that this position was compelled by positive …
The Duty Of Good Faith In Corporate Law, Melvin A. Eisenberg
The Duty Of Good Faith In Corporate Law, Melvin A. Eisenberg
Melvin A. Eisenberg
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 and loyalty. The duty of good faith was not created by those cases. On the contrary, the duty has long been explicit under the statutes--for example, in statutory provisions that require directors to act in good faith, and in provisions concerning indemnification. The duty of good faith has also long existed implicitly in the case law--for example, in the formulation of the business judgment rule …
The Revocation Of Offers, Melvin A. Eisenberg
The Revocation Of Offers, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Transcript—Panel Exchange The Fourth Annual Fritz B. Burns Lecture Central Bank: The Methodology, The Message, And The Future, Therese H. Maynard, Melvin Aron Eisenberg, Joseph A. Grundfest, Simon Lorne
Transcript—Panel Exchange The Fourth Annual Fritz B. Burns Lecture Central Bank: The Methodology, The Message, And The Future, Therese H. Maynard, Melvin Aron Eisenberg, Joseph A. Grundfest, Simon Lorne
Melvin A. Eisenberg
No abstract provided.
The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg
The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg
Melvin A. Eisenberg
In this Article, Professor Eisenberg examines how and why standards of conduct and standards of review diverge in corporate law. Professor Eisenberg analyzes the relevant standards of conduct and review that apply in a number of corporate law contexts. He discusses the reasoning and policies underlying these diverging standards. Professor Eisenberg explains the basis of most existing standards of conduct and review and suggests modifications of several others.
Expectation Damages And The Theory Of Overreliance, Melvin A. Eisenberg, Brett H. Mcdonnell
Expectation Damages And The Theory Of Overreliance, Melvin A. Eisenberg, Brett H. Mcdonnell
Melvin A. Eisenberg
No abstract provided.
Impossibility, Impracticability, And Frustration - Professor Goldberg Constructs An Imaginary Article, Attributes It To Me, And Then Criticizes It, Melvin A. Eisenberg
Impossibility, Impracticability, And Frustration - Professor Goldberg Constructs An Imaginary Article, Attributes It To Me, And Then Criticizes It, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Why There Is No Law Of Relational Contracts, Melvin A. Eisenberg
Why There Is No Law Of Relational Contracts, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Impossibility, Impractiability, And Frustration, Melvin A. Eisenberg
Impossibility, Impractiability, And Frustration, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Duty Of Good Faith In American Corporate Law, Melvin A. Eisenberg
The Duty Of Good Faith In American Corporate Law, Melvin A. Eisenberg
Melvin A. Eisenberg
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 care and loyality. The duty of good faith was not created by those cases. On the contrary, the duty has long been explicit under the statutes and has also long existed implicitly in the case law. Nevertheless, the explicit recognition of the duty of good faith in recent Delaware cases shines a spotlight on that duty, and therefore makes it especially important to develop the …
The Duty To Rescue In Contract Law, Melvin A. Eisenberg
The Duty To Rescue In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Fairness, Character, And Efficiency In Firms, Robert Cooter, Melvin A. Eisenberg
Fairness, Character, And Efficiency In Firms, Robert Cooter, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg
The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Mistake In Contract Law, Melvin A. Eisenberg
Mistake In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Duty Of Care Of Corporate Directors And Officers, Melvin A. Eisenberg
The Duty Of Care Of Corporate Directors And Officers, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Strict Textualism, Melvin Aron Eisenberg