Eric Zacks (en7490)

Eric Zacks is an associate professor of law at Wayne State University Law School. His scholarship focuses on modern contracting practices and the relevance of behavioral and cognitive sciences to the legal and social construction of contract formation, breach and enforcement. His recent articles have focused on the problematic evolution of contract law in the home mortgage foreclosure context. 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. He also co-authored a contract law casebook, Contracts in Context: From Transaction to Litigation, which was published by Aspen Publishers in 2019.

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. He also is the faculty advisor for the Jaffe Transactional Law Competition, a transaction-based skills course that he created in 2014.

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’s, with high distinction, from the University of Michigan.

Eric Zacks is an associate professor of law at Wayne State University Law School. His scholarship focuses on modern contracting practices and the relevance of behavioral and cognitive sciences to the legal and social construction of contract formation, breach and enforcement. His recent articles have focused on the problematic evolution of contract law in the home mortgage foreclosure context. 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. He also co-authored a contract law casebook, Contracts in Context: From Transaction to Litigation, which was published by Aspen Publishers in 2019.

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. He also is the faculty advisor for the Jaffe Transactional Law Competition, a transaction-based skills course that he created in 2014.

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’s, with high distinction, from the University of Michigan.

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

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

Contract Consentability: Autonomy Threats, Benefits, and Framing, 66 Loy. L. Rev. 103 (2020) (symposium piece)

Yesterday I Was Lying: Creeping Preclusion of Reciprocal Fee Awards in Residential Foreclosure Litigation, 93 St. John's L. Rev. (2020) (with Dustin Zacks)

No Brakes: Loan Acceleration and Diminishing Foreclosure Defenses, 18 Wake Forest J. Bus. & Intell. Prop. L. 389 (2018) (with Dustin A. Zacks)

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, 40 J. Corp. L. 706 (2015) (with Dustin A. Zacks)

The Moral Hazard of Contract Drafting, 42 Fla. St. U. L. Rev. 991 (2015)

Contract Review: Cognitive Bias, Moral Hazard, and Situational Pressure, 9 Ohio St. Entrepreneurial Bus. L.J.379 (2015)

Not a Party: Challenging Mortgage Assignments, 59 St. Louis U. L.J.175 (2014) (with Dustin A. Zacks)

Shame, Regret, and Contract Design, 97 Marq. L. Rev. 695 (2014)

Contracting Blame, 15 U. Pa. J. Bus. L. 169 (2012)

Unstacking the Deck? Contract Manipulation and Credit Card Accountability, 78 U. Cin. L. Rev. 1471 (2010)

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