Eric Zacks

Eric Zacks

Associate Professor of Law

Room 3269

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(313) 577-0508

Curriculum Vitae

ezacks@wayne.edu

Social Science Research Network

Eric Zacks

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.

Degrees and Certifications

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

Courses Taught

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

Selected Publications

The Restatement (Second) of Contracts § 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).

 

Books

  • Contracts in Context: from Transaction to Litigation (2019) with Nadelle Grossman

    This new casebook focuses on the transactional nature of contracts. In addition to describing the law of contracts and how the law is applied in litigation, the casebook explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals.

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Accomplishments

  • Eric Zacks

    co-wrote the casebook “Contracts in Context: From Transaction to Litigation” with Nadelle Grossman of Marquette University Law School, which was recently published by Aspen. In addition to describing the law of contracts and how the law is applied in litigation, the new casebook explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals.

  • Eric Zacks

    co-wrote “No Brakes: Loan Acceleration and Diminishing Foreclosure Defenses” with Dustin A. Zacks for the Wake Forest Journal of Business and Intellectual Property Law. The article examines the evolving treatment of statute of limitation and res judicata defenses after a loan has been accelerated following a borrower default and the implication for future lending and collection practices. Read the article here.  

  • Eric Zacks

    presented his latest article "Fee-Shifting Provisions in Foreclosure" June 7 at the 2018 Annual Meeting on Law and Society in Toronto.

  • Eric Zacks

    presented his latest article "Fee-Shifting Provisions in Foreclosure," Feb. 23 at the 13th Annual International Conference on Contracts at Barry University School of Law.

  • Eric Zacks

    presented a draft of his article, "Fee-Shifting Provisions in Foreclosure," at the 2017 Midwestern Law & Economic Annual Meeting and Conference at Marquette University Law School. 

  • Eric Zacks

    presented "The Statute of Limitations, Res Judicata, and Acceleration Clauses in Mortgage Foreclosures" at the 12th Annual International Conference on Contracts, which was held at Southwestern Law School, Los Angeles, California.

  • Eric 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.

  • Eric 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.

In the news

  • Eric Zacks

    was quoted by Detroit Jewish News for its report, "All Lives Matter."

  • Eric Zacks

    was quoted in the Detroit Free Press for its report, "Controversial Talmer, Chemical Bank deal to get vote."

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  • Eric 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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