Wayne State University
Eric A. Zacks
Eric A. Zacks
Associate Professor of Law
Room 3269
(313) 577-0508

Education

J.D., Harvard Law School
B.A., University of Michigan

Biography

Eric Zacks is an associate professor of law at Wayne State University Law School. His scholarship focuses on modern consumer contracting practices and the relevance of behavioral and cognitive sciences to the legal and social construction of contract formation, breach and enforcement. His work has been published in many law reviews and journals, including the University of Pennsylvania Journal of Business Law, Florida State University Law Review, Journal of Corporation Law, University of Cincinnati Law Review, Marquette Law Review, Penn State Law Review and William & Mary Business Law Review.

In 2012 and 2013, Zacks was voted Professor of the Year by the second- and third-year law students at Wayne Law. He teaches a variety of business law courses, including Corporate Finance, Mergers and Acquisitions, Securities Regulation, and Corporations, as well as a first-year Contracts course.

Prior to joining Wayne Law, Zacks was a partner in the corporate and securities department of Honigman Miller Schwartz and Cohn LLP, a Detroit law firm, with a practice focus on complex acquisitions and divestitures, debt and equity financings, and other aspects of corporate transactions. He earned his law degree, magna cum laude, from Harvard Law School and his bachelor of arts degree, with high distinction, from the University of Michigan.

Courses Taught

Contracts
Corporate Finance
Corporations
Mergers and Acquisitions
Securities Regulation
Transactional Law Competition

Selected Publications

The Restatement (Second) of Contracts ยง 211: Unfulfilled Expectations and the Future of Modern Standardized Consumer Contracts, 7 William & Mary Business Law Review 733 (2016)

A Standing Question: Mortgages, Assignment, and Foreclosure (with Dustin A. Zacks), 40 Journal of Corporation Law 706 (2015)

The Moral Hazard of Contract Drafting, 42 Florida State University Law Review 991 (2015)

Contract Review: Cognitive Bias, Moral Hazard, and Situational Pressure, 9 Ohio State Entrepreneurial Business Law Journal 379 (2015).

 

Not a Party: Challenging Mortgage Assignments (with Dustin A. Zacks), 59 St. Louis University Law Journal 175 (2014).

 

Shame, Regret, and Contract Design, 97 Marquette Law Review 695 (2014).

 

Contracting Blame, 15 University of Pennsylvania Journal of Business Law 169 (2012).

 

Unstacking the Deck? Contract Manipulation and Credit Card Accountability, 78 University of Cincinnati Law Review 1471 (2010).

 

Dismissing the Class: A Practical Approach to the Class Action Restriction on the Legal Services Corporation, 110 Penn State Law Review 1 (2005) (with Joshua D. Blank) reprinted in Class Action Litigation and Limitations (Icfai University Press, 2008).

 

Accomplishments

June 2, 2016
Eric A. Zacks presented his article, "The Restatement (Second) of Contracts § 211: Unfulfilled Expectations and the Future of Modern Standardized Consumer Contracts," at the Law and Society Association Annual Meeting in New Orleans. This article was published in the William & Mary Business Law Review. Click here to read it.


April 11, 2016
Eric A. Zacks presented his latest article, "The Restatement (Second) of Contracts §211: Unfulfilled Expectations and the Future of Modern Standardized Consumer Contracts," to the law faculty at Marquette University Law School. The article will be published later this year in the William & Mary Business Law Review.


February 18, 2016
Eric A. Zacks had one of his articles cited in a California Supreme Court decision. In Yvanova v. New Century Mortgage Corporation, the court held that a wrongful foreclosure plaintiff had standing to claim that the foreclosing entity's purported authority to order a trustee's sale of the property was based on a void assignment of the note and deed of trust. It was previously unclear when the borrower should have standing to challenge an assignee's rights given that borrowers are not a party to the challenged assignment contracts. The court noted that many other courts accepted that borrowers did have standing to challenge void, as opposed to voidable, mortgage assignments, and cited Zacks' article, Not a Party: Challenging Mortgage Assignments, with respect to his findings on this issue. Zacks' article was published in 2014 in the Saint Louis University Law Journal and was co-authored by Dustin Zacks, a practicing attorney and recognized MERS and foreclosure law expert.


November 11, 2015
Eric A. Zacks spoke about business law and entrepreneurship at Fontys University of Applied Sciences in Venlo, Netherlands, during that university's International Week.


February 27, 2015
Eric A. Zacks presented "Bonding and Contract Drafting" at the 10th Annual International Conference on Contracts, Williams S. Boyd School of Law, Las Vegas.


March 11, 2014
Eric A. Zacks presented his article, "The Moral Hazard of Contract Drafting,"at the ninth annual International Conference on Contracts held at St. Thomas University School of Law, Miami Gardens, Fla., on Feb. 21-22. The article will be published in the Florida State University Law Review.


April 9, 2013
Eric A. Zacks recently presented his paper, "Shame, Regret, and Contract Design," at the eighth annual International Conference on Contracts, which was held at Texas Wesleyan University School of Law in Fort Worth, Texas. The paper will be published in the Marquette Law Review later this year.

 


February 4, 2013
Eric A. Zacks traveled to Case Western Reserve University School of Law in Cleveland, Ohio, on Jan. 31 to present a draft of his current paper, "Contract Design: Shame, Regret, and Conformity."


October 19, 2012
Eric A. Zacks presented a draft version of his forthcoming piece, "Contract Design: Shame, Regret, and Conformity," at the Central States Law Schools Association 2012 Scholarship Conference held at the Cleveland-Marshall College of Law.


March 21, 2012
Eric A. Zacks presented his paper, "Contracting Blame," on March 2nd at the 7th Annual International Conference on Contracts, which was held at the Thomas Jefferson School of Law in San Diego, California. The paper will be published in the University of Pennsylvania Journal of Business Law. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2018406


March 11, 2011
Eric A. Zacks's2005 article with co-author NYU Professor Joshua Blank was cited in a Supreme Court brief. Oral argument for the case, Dukes v. Wal-Mart Stores, Inc., is scheduled for March 29, 2011. Dukes, a sexual discrimination lawsuit, has been brought as a civil rights class action suit on behalf of approximately 1.5 million women.

In The News

July 28, 2016
Eric A. Zacks was quoted by Detroit Jewish News for its report, "All Lives Matter."


July 11, 2016
Eric A. Zacks was quoted in the Detroit Free Press for its report, "Controversial Talmer, Chemical Bank deal to get vote."

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May 31, 2016
Eric A. Zacks was quoted in the Detroit Free Press for its report, "Detroit may have had stronger claim on Red Wings' TV revenue."

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November 14, 2014
Eric A. Zacks was quoted in Legal News article: "Winners named in first Wayne Law transactional competition."

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March 10, 2014
Eric A. Zacks was featured in a Legal News article titled "Wayne Law teams place first and second at regionals." Zacks is the faculty advisor of Wayne Law's transactional law teams focused on in the article.

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May 22, 2013
Eric A. Zacks was the subject of a feature article in C&G News titled "Law students honor Wayne State professor for second straight year."

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April 29, 2013
Eric A. Zacks was quoted in a Legal News article titled "Transactional law team places third in competition."

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