Full Name	Eisenberg, Melvin Aron
University/Affiliation	University of California, Berkeley School of Law
Title	Jesse H. Choper Professor of Law (Emeritus)
ORCID ID	0000-0001-7710-2724
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PathFinder Subjects
Contracts (28) Business and the Law (17) Remedies (10) Jurisprudence (9) Torts (8) Law and Society (7) Breach of Contract (6) Commercial Law (6) Duty of Care (6) Criminal Law and Procedure (5)
The multidisciplinary content found throughout HeinOnline is organized into a subject hierarchy that we call PathFinder. Powered by a combination of human curation and artificial intelligence, PathFinder assigns subjects to documents, and then organizes them into broader subjects. View the PathFinder Subjects most frequently assigned to this author's article here.
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Cited by Articles (0-5 Years)	759
This metric counts the number of times this author has been cited by other articles in HeinOnline within the past five years only. Citation sources include the Bluebook, Prince's Bieber Dictionary of Legal Abbreviations, and the Cardiff Index to Legal Abbreviations.
Cited by Articles (5+ Years) (By Year)	3,893

This metric counts the number of times this author has been cited by other articles in HeinOnline beyond the past five years only. Citation sources include the Bluebook, Prince's Bieber Dictionary of Legal Abbreviations, and the Cardiff Index to Legal Abbreviations.
Cited by Cases (0-5 Years)	22
This metric counts the number of times this author has been cited by cases available in HeinOnline or via Fastcase within the past five years only.
Cited by Cases (5+ Years)	76
This metric counts the number of times this author has been cited by cases available in HeinOnline or via Fastcase beyond the past five years only.
Accessed (Past 12 Months)	2,675
This metric counts the cumulative number of times an author's articles have been accessed by HeinOnline users within a rolling 12 month period. In order for an author's article to count as accessed, the article must be clicked from either search results or by browsing to the article, or retrieved using the citation navigator.
ScholarRank	109
ScholarRank is an overall ranking based on the calculation of five HeinOnline ScholarCheck metrics. The Z-score for each of the five metrics is taken and then averaged; the final average is entered into standard competition ranking to produce the overall ScholarRank for each author. Further information on HeinOnline's ScholarRank may be found in our Knowledge Base.

Average Citations per Article	87.77
This metric counts the cumulative number of times this author has been cited by other articles, then divides this number by this author's total number of articles written, to calculate the average number of citations per article.
Average Citations per Document	78.85
This metric counts the cumulative number of times this author has been cited by other articles, then divides this number by this author's total number of documents written, to calculate the average number of citations per document.
Self-Citations	33
This metric counts the cumulative number of an author's self-citations. This metric is not currently factored into the overall ScholarCheck ranking analysis.
H-Index	35.00
The h-index is an author-level metric that attempts to measure both the productivity and citation impact of the publications of an author. The index is based on the set of the author's most cited papers and the number of citations that they have received in other publications. Further information on an h-index can be found here.

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HeinOnline's PathFinder

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Applied Sciences
1. Business
  1. Business and the Law
  2. Commercial Law
2. Finance
  1. Bankruptcy
    1. Bankruptcy Law
  2. Commercial Law

Humanities
1. Law
2. Philosophy and Ethics
  1. Jurisprudence
    1. Common Law

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PathFinder Subjects: Bankruptcy Law; Bankruptcy; Commercial Law; Arbitration; Dispute Resolution; Business and the Law; Common Law; Jurisprudence

Cited by 387 Articles
Cited by 1 Case
Accessed 118 Times

Cited by 320 Articles
Cited by 2 Cases
Accessed 26 Times

Private Ordering Through Negotiation: Dispute-Settlement and Rulemaking [article]

Harvard Law Review , Vol. 89, Issue 4 (February 1976), pp. 637-681

Eisenberg, Melvin Aron (Cited 4652 times)

89 Harv. L. Rev. 637 (1975-1976)

PathFinder Subjects: Federalism; Political Theories and Ideologies; Separation of Powers; Checks and Balances; Settlements; Legal Practice and Procedure; Dispute Resolution

Cited by 305 Articles
Cited by 3 Cases
Accessed 25 Times

Corporate Law and Social Norms [article]

Symposium: The Living Legacy of William Cary

Columbia Law Review, Vol. 99, Issue 5 (June 1999), pp. 1253-1292

Eisenberg, Melvin A. (Cited 4652 times)

99 Colum. L. Rev. 1253 (June 1999)

PathFinder Subjects: Law and Society; Science, Technology, and the Law; Domestic Relations

Cited by 266 Articles
Accessed 48 Times

Cited by 264 Articles
Cited by 7 Cases
Accessed 101 Times

The Divergence of Standards of Conduct and Standards of Review in Corporate Law [article]

Fordham Law Review, Vol. 62, Issue 3 (1993), pp. 437-468

Eisenberg, Melvin Aron (Cited 4652 times)

62 Fordham L. Rev. 437 (1993-1994)

PathFinder Subjects: Business and the Law; Duty of Care; Torts

Cited by 187 Articles
Cited by 14 Cases
Accessed 53 Times

Legal Models of Management Structure in the Modern Corporation: Officers, Directors, and Accountants [article]

California Law Review, Vol. 63, Issue 2 (March 1975), pp. 375-439

Eisenberg, Melvin Aron (Cited 4652 times)

63 Calif. L. Rev. 375 (1975)

PathFinder Subjects: Standard of Care; Torts; Duty of Care; Business and the Law

Cited by 137 Articles
Cited by 3 Cases
Accessed 29 Times

The Conception That the Corporation Is a Nexus of Contracts, and the Dual Nature of the Firm [article]

Symposium: Team Production in Business Organizations

Journal of Corporation Law, Vol. 24, Issue 4 (Summer 1999), pp. 819-836

Eisenberg, Melvin A. (Cited 4652 times)

24 J. Corp. L. 819 (1998-1999)

PathFinder Subjects: Contracts; Ethics

Cited by 133 Articles
Accessed 102 Times

10.

Donative Promises [article]

University of Chicago Law Review, Vol. 47, Issue 1 (Fall 1979), pp. 1-33

Eisenberg, Melvin Aron (Cited 4652 times)

47 U. Chi. L. Rev. 1 (1979-1980)

PathFinder Subjects: Contracts; Jurisprudence; Estoppel

Cited by 116 Articles
Cited by 2 Cases
Accessed 5 Times

11.

The Duty of Good Faith in Corporate Law [article]

Delaware Journal of Corporate Law, Vol. 31, Issue 1 (2006), pp. 1-76

Eisenberg, Melvin A. (Cited 4652 times)

31 Del. J. Corp. L. 1 (2006)

PathFinder Subjects: Good Faith; Contracts; Business and the Law

Cited by 107 Articles
Cited by 3 Cases
Accessed 42 Times

12.

The Responsive Model of Contract Law [article]

Stanford Law Review, Vol. 36, Issue 5 (May 1984), pp. 1107-1168

Eisenberg, Melvin Aron (Cited 4652 times)

36 Stan. L. Rev. 1107 (May 1984)

PathFinder Subjects: Economic Policy; Contracts; Constitutions; Government (General)

Cited by 104 Articles
Cited by 1 Case
Accessed 16 Times

13.

Principles of Consideration [article]

Cornell Law Review, Vol. 67, Issue 4 , pp. 640-665

Eisenberg, Melvin Aron (Cited 4652 times)

67 Cornell L. Rev. 640 (1981-82)

PathFinder Subjects: Contracts; Domestic Relations; Estoppel; Jurisprudence

Cited by 101 Articles
Cited by 3 Cases
Accessed 226 Times

14.

Participation, Responsiveness, and the Consultative Process: An Essay for Lon Fuller [article]

Harvard Law Review , Vol. 92, Issue 2 (December 1978), pp. 410-432

Eisenberg, Melvin Aron (Cited 4652 times)

92 Harv. L. Rev. 410 (1978-1979)

PathFinder Subjects: Environmental Law; Mergers; Business Practice and Procedure; Courts

Cited by 97 Articles
Cited by 2 Cases
Accessed 13 Times

15.

Access to the Corporate Proxy Machinery [article]

Harvard Law Review, Vol. 83, Issue 7 (May 1970), pp. 1489-1526

Eisenberg, Melvin Aron (Cited 4652 times)

83 Harv. L. Rev. 1489 (1969-1970)

PathFinder Subjects: Democracy; Political Systems and Governments; Business and the Law; Voting

Cited by 96 Articles
Cited by 5 Cases
Accessed 17 Times

16.

Actual and Virtual Specific Performance, the Theory of Efficient Breach, and the Indifference Principle in Contract Law [article]

California Law Review, Vol. 93, Issue 4 (July 2005), pp. 975-1050

Eisenberg, Melvin A. (Cited 4652 times)

93 Calif. L. Rev. 975 (July 2005)

PathFinder Subjects: Contracts; Remedies; Breach of Contract

Cited by 93 Articles
Accessed 25 Times

17.

The Emergence of Dynamic Contract Law [article]

Symposium of the Law in the Twentieth Century

California Law Review, Vol. 88, Issue 6 (December 2000), pp. 1743-1814

Eisenberg, Melvin Aron (Cited 4652 times)

88 Calif. L. Rev. 1743 (2000)

PathFinder Subjects: Contracts; Crimes

Cited by 90 Articles
Cited by 3 Cases
Accessed 28 Times

18.

Why There Is No Law of Relational Contracts [article]

Symposium in Honor of Ian R. MacNeil: Relational Contract Theory: Unanswered Questions

Northwestern University Law Review, Vol. 94, Issue 3 (Spring 2000), pp. 805-822

Eisenberg, Melvin A. (Cited 4652 times)

94 Nw. U. L. Rev. 805 (1999-2000)

PathFinder Subjects: Contracts; Economic Policy

Cited by 88 Articles
Cited by 2 Cases
Accessed 83 Times

19.

The World of Contract and the World of Gift [article]

California Law Review, Vol. 85, Issue 4 (July 1997), pp. 821-866

Eisenberg, Melvin Aron (Cited 4652 times)

85 Calif. L. Rev. 821 (1997)

PathFinder Subjects: Contracts; Jurisprudence; Estoppel

Cited by 81 Articles
Cited by 2 Cases
Accessed 31 Times

20.

Damages for Breach of Contract [article]

California Law Review, Vol. 73, Issue 5 (October 1985), pp. 1432-1481

Cooter, Robert (Cited 4244 times); Eisenberg, Melvin Aron (Cited 4652 times)

73 Calif. L. Rev. 1432 (1985)

PathFinder Subjects: Breach of Contract; Contracts; Remedies; Investment; Legal History

Cited by 81 Articles
Cited by 1 Case
Accessed 174 Times

21.

Third-Party Beneficiaries [article]

Columbia Law Review, Vol. 92, Issue 6 (October 1992), pp. 1358-1430

Eisenberg, Melvin Aron (Cited 4652 times)

92 Colum. L. Rev. 1358 (1992)

PathFinder Subjects: Contracts; Creditors; Credit

Cited by 78 Articles
Cited by 18 Cases
Accessed 43 Times

22.

The Principle of Hadley v. Baxendale [article]

California Law Review, Vol. 80, Issue 3 (May 1992), pp. 563-614

Eisenberg, Melvin Aron (Cited 4652 times)

80 Calif. L. Rev. 563 (1992)

PathFinder Subjects: Remedies; Civil Law; Common Law; Jurisprudence

Cited by 69 Articles
Cited by 3 Cases
Accessed 97 Times

23.

Text Anxiety [comments]

Symposium: Legal Implications of Human Error: Cognitive Imperfections: Consumer Law Inferences

Southern California Law Review, Vol. 59, Issue 2 (January 1986), pp. 305-312

Eisenberg, Melvin Aron (Cited 4652 times)

59 S. Cal. L. Rev. 305 (1985-1986)

PathFinder Subjects: Public Policy; Public Administration; Economics Law; Legal Services; Legal Profession

Cited by 63 Articles
Accessed 27 Times

24.

The Board of Directors and Internal Control [article]

Symposium - Warren Buffett Papers - Contribution

Cardozo Law Review, Vol. 19, Issues 1-2 (September-November 1997), pp. 237-264

Eisenberg, Melvin A. (Cited 4652 times)

19 Cardozo L. Rev. 237 (1997-1998)

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Applied Sciences
1. Finance
  1. Investment

Humanities
1. International Relations
  1. Comparative and Foreign Law
2. Law

Social Sciences

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PathFinder Subjects: Investment; Comparative and Foreign Law; Law and Society; Developing Countries; Economic Development; Evidence

Cited by 61 Articles
Accessed 154 Times

25.

The Disgorgement Interest in Contract Law [article]

Michigan Law Review , Vol. 105, Issue 3 (December 2006), pp. 559-602

Eisenberg, Melvin A. (Cited 4652 times)

105 Mich. L. Rev. 559 (2006-2007)

PathFinder Subjects: Contracts; Remedies; Breach of Contract

Cited by 55 Articles
Cited by 1 Case
Accessed 40 Times

26.

The Duty of Care of Corporate Directors and Officers [article]

University of Pittsburgh Law Review, Vol. 51, Issue 4 (Summer 1990), pp. 945-972

Eisenberg, Melvin A. (Cited 4652 times)

51 U. Pitt. L. Rev. 945 (1989-1990)

PathFinder Subjects: Business and the Law; Duty of Care; Torts; Duty to Warn

Cited by 52 Articles
Accessed 146 Times

27.

New Modes of Discourse in the Corporate Law Literature [article]

George Washington Law Review, Vol. 52, Issue 4&5 (May-August 1984), pp. 582-608

Eisenberg, Melvin Aron (Cited 4652 times)

52 Geo. Wash. L. Rev. 582 (1983-1984)

PathFinder Subjects: Derivative Actions; Business and the Law; Remedies; Stocks; Securities; Close Corporations; Corporations; Corporate Officers; Loans

Cited by 47 Articles
Accessed 13 Times

28.

Fairness, Character, and Efficiency in Firms [article]

Symposium: Norms & Corporate Law

University of Pennsylvania Law Review, Vol. 149, Issue 6 (June 2001), pp. 1717-1734

Cooter, Robert (Cited 4244 times); Eisenberg, Melvin A. (Cited 4652 times)

149 U. Pa. L. Rev. 1717 (2000-2001)

HeinOnline's PathFinder

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Powered by a combination of human curation and artificial intelligence, PathFinder assigns subjects to documents, and then organizes them into broader subjects.

Discover where your chosen document fits into the PathFinder hierarchy. See the full hierarchy here.

Applied Sciences
1. Finance
  1. Taxation
    1. Taxation--Federal

Humanities
1. International Relations
  1. Comparative and Foreign Law
2. Law

Industries
1. Employment and Labor
  1. Labor Law

Social Sciences
1. Government and Politics
  1. Taxation
    1. Taxation--Federal

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PathFinder Subjects: Comparative and Foreign Law; Labor Law; Judges; Taxation--Federal; Taxation

Cited by 47 Articles
Accessed 10 Times

29.

Strict Textualism [article]

Fourth Annual Fritz B. Burns Lecture Central Bank: The Methodology, The Message, and the Future

Loyola of Los Angeles Law Review, Vol. 29, Issue 1 (November 1995), pp. 13-40

Eisenberg, Melvin Aron (Cited 4652 times)

29 Loy. L. A. L. Rev. 13 (1995-1996)

HeinOnline's PathFinder

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Humanities
1. Law

Social Sciences

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PathFinder Subjects: Civil Rights, Generally; Disabilities; Health Law and Policy; Law and Society; Aiding and Abetting; Criminal Liability; Jurisdiction; Legislation

Cited by 46 Articles
Accessed 13 Times

30.

Eisenberg, Melvin Aron

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