George M. Cohen

  • Brokaw Professor of Corporate Law

George Cohen joined the faculty in 1993 as an associate professor of law after a one-year visit to the Law School. He became a full professor in 1995. He teaches contracts, professional responsibility and agency and partnership. He has also taught antitrust and law and economics.

A summa cum laude and Phi Beta Kappa graduate of Yale University, Cohen earned his J.D. in 1986 and a Ph.D. in economics in 1992 from the University of Pennsylvania. During law school, he served as articles editor of the University of Pennsylvania Law Review. Cohen was a clerk to Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit in Wilmington, Delaware, before joining the law faculty at the University of Pittsburgh in 1988.

Cohen was chair of the UVA Faculty Senate from 2012-13 and has served as an ethics consultant and expert for several law firms.

Education

  • J.D.
    University of Pennsylvania Law School
    1986
  • Ph.D.
    University of Pennsylvania
    1992
  • B.A.
    Yale University
    1982

Works in Progress

The Collusion Problem in Agency Law (1999).
Norms, Law, and Contract (with Susan P. Koniak).
Whose Word Is Law? (with Susan P. Koniak).

Books

Foundations of the Law and Ethics of Lawyering (edited with Susan P. Koniak), Foundation Press (2004).

Textbooks

The Law and Ethics of Lawyering (with Roger C. Cramton et al.), Foundation Press (6 ed. 2017).
The Law and Ethics of Lawyering (with Roger C. Cramton et al.), Foundation Press (5 ed. 2010).
The Law and Ethics of Lawyering (with Roger C. Cramton, Geoffrey C., Hazard & Susan P. Koniak), Foundation Press (4 ed. 2005).

Book Chapters

Law and Economics of Agency and Partnership, in Oxford Handbook of Law and Economics, Oxford University Press, 399–422 (2017).
Interpretation and Implied Terms in Contract Law, in Encyclopedia of Law and Economics, Second Edition: Contract Law and Economics, Edward Elgar, 125–151 (2011).
How Fault Shapes Contract Law, in Fault in American Contract Law, Cambridge University Press, 53–68 (2010).
Implied Terms and Interpretation in Contract Law, in Encyclopedia of Law and Economics, Edward Elgar, 78–99 (2000).
In Hell There Will Be Lawyers Without Clients or Law (with Susan P. Koniak), in Ethics in Practice: Lawyers’ Roles, Responsibilities, and Regulation, Oxford University Press, 177–204 (2000).

Articles & Reviews

The Uncertainty of Sun Printing, 34 Touro Law Review 83–145 (2018).
The Laws of Agency Lawyering, 84 Fordham Law Review 1963–1999 (2016).
Liability of Insurers for Defense Counsel Malpractice, 68 Rutgers University Law Review 119–153 (2015).
Teaching Interpretation and Structure of the Revised Uniform Partnership Act: Moren ex Rel. Moren v. Jax Restaurant and the Duty of Indemnification, 59 St. Louis University Law Journal 657–681 (2015).
The State of Lawyer Knowledge Under the Model Rules of Professional Conduct, 3 American University Business Law Review 115–148 (2014).
Beyond the No-Contact Rule: Ex Parte Contact by Lawyers with Nonclients, 87 Tulsa Law Review 1197–1244 (2013).
The Financial Crisis and the Forgotten Law of Contracts, 87 Tulsa Law Review 1–72 (2012).
The Fault That Lies Within Our Contract Law, 107 Michigan Law Review 1445–1460 (2009).
Of Coerced Waiver, Government Leverage, and Corporate Loyalty: The Holder, Thompson, and McNulty Memos and Their Critics, 93 Virginia Law Review in Brief 137–144 (2007).
Legal and Ethical Duties of Lawyers after Sarbanes-Oxley (with Roger C. Cramton & Susan P. Koniak), 49 Villanova Law Review 725–831 (2004).
The Academics’ Role in the SEC’s Rules, Education and Practice, Virginia State Bar (2003).
The Multilawyered Problems of Professional Responsibility, 2003 University of Illinois Law Review 1409–1476 (2003).
Finding Fault with Wonnell’s “Two Contractual Wrongs”, 38 San Diego Law Review 137–167 (2001).
In Hell There Will Be Lawyers Without Clients or Law (with Susan P. Koniak), 30 Hofstra Law Review 129–168 (2001).
The "Fair" Is the Enemy of the Good: Ortiz v. Fibreboard Corporation and Class Action Settlements, 8 Supreme Court Economic Review 23–101 (2000).
When Law and Economics Met Professional Responsibility, 67 Fordham Law Review 273–299 (1998).
Legal Malpractice Insurance and Loss Prevention: A Comparative Analysis of Economic Institutions, 4 Connecticut Insurance Law Journal 305–351 (1997).
Under Cloak of Settlement (with Susan P. Koniak), 82 Virginia Law Review 1051–1280 (1996).
The Fault Lines in Contract Damages, 80 Virginia Law Review 1225–1349 (1994).
The Negligence-Opportunism Tradeoff in Contract Law, 20 Hofstra Law Review 941–1016 (1992).
Replacing Striking Workers: The Law and Economics Approach (with Michael Wachter), Proceedings of the 43rd New York University Annual Conference on Labor 109 (1990).
An Internal Labor Market Approach to Labor Law: Does Labor Law Promote Efficient Contracting? (with Michael Wachter), Proceedings of the 41st Annual Meeting - Industrial Relations Research Association 243 (1988).
Law and Economics of Collective Bargaining: An Introduction and Application to the Problems of Subcontracting, Partial Closure, and Relocation (with Michael L. Wachter), 136 University of Pennsylvania Law Review 1349–1418 (1988).
Posnerian Jurisprudence and Economic Analysis of Law:  The View from the Bench, 133 University of Pennsylvania Law Review 1117–1166 (1985).
Congress Clears the Labor No Man's Land: A Long-Awaited Solution Spawns a Host of New Problems, 56 Northwestern University Law Review 333–389 (1961).

Reports & Datasets

Regulation of Representatives in Agency Adjudicative Proceedings, Administrative Conference of the United States 1–58 (2021).
Mortgage and Securities Stabilization, Recovery and Modification Program Act of 2009 (with John D. Geanakoplos & Susan P. Koniak)Examining the Making Home Affordable Program , US Government Printing Office 74–81 (2009).
StatementThe Role of Attorneys in Corporate Governance , US Government Printing Office 9–11, 15 (2004).

Op-Eds, Blogs, Shorter Works

Giuliani’s 2020 Election Lies Merit Revising Attorney Ethics Rules, Bloomberg Law (August 1, 2022).
Regulating Representatives in Agency Adjudicative Proceedings, The Regulatory Review (May 17, 2022).
Comments of Prof. George M. Cohen, University of Virginia School of Law Discussion Draft of Possible Amendments to Model Rules of Professional Conduct: Lawyers' Client Due Diligence Obligations, ABA Center for Professional Responsibility 1–6 (February 15, 2022).
A Real Fix for Trump’s Conflicts of Interest, Wall Street Journal A15 (February 23, 2017).
How Washington Abetted the Bank Job (with David A. Dana, Susan P. Koniak & Thomas Ross), New York Times Week in Review 10 (April 4, 2010).
Have US Regulators Been Soft on Banks over Structured Products?: Yes; Four US Academics Argue That Regulators Have Let Financial Institutions Off the Hook (with David A. Dana, Susan P. Koniak & Thomas Ross), International Financial Review 13–15 (July, 2006).
Dicta: Under Cloak of Settlement, Virginia Law Weekly 1, 3 (November 10, 1995).

Current Courses

Contract Theory
Contracts
Professional Responsibility

All Courses

Antitrust
Agency and Partnership
Contracts
Law and Economics
Professional Responsibility
Seminar in Ethical Values

IN THE NEWS

08/01/2022
Giuliani’s 2020 Election Lies Merit Revising Attorney Ethics Rules (Bloomberg Law)
05/17/2022
Regulating Representatives in Agency Adjudicative Proceedings (The Regulatory Review)
09/04/2020
His Boss Died Suddenly With No Succession Plan in Place. This Richmond Lawyer Was Left Picking Up the Pieces. (Richmond Times-Dispatch)
11/19/2019
Hundreds of Richmond Hospital Patients Lost Their Right To Make Medical Decisions (The Dogwood)
08/15/2019
From Death Threats To Thrown Tables, Defense Lawyers Sometimes Have To Represent Difficult Clients (The Virginian-Pilot)
03/20/2018
Where Stormy Daniels is Probably Wrong — and Why It May Not Matter (The Washington Post)
03/07/2018
Stormy Daniels Sues Trump, Says Confidentiality Deal Is Void Because He Didn't Sign It (ABA Journal)
03/31/2017
UVA Faculty: Next President Must Juggle More Than Education (The Daily Progress)
02/22/2017
A Real Fix for Trump’s Conflicts of Interest (Wall Street Journal)
11/09/2016
Right-To-Work Amendment Fails, Tax Break Amendment Passes (The Cavalier Daily)
11/04/2014
Ethics Experts Say Justices' Emails to AG's Office Warrant Review (The Morning Call)
03/14/2013
UVA Faculty Senate Still Lacks Confidence in Board of Visitors (The Washington Post)
03/04/2013
UVa students vote to change honor code (The Daily Progress)
12/11/2012
UVA Put on Warning by Accreditation Group (The Daily Progress)
09/11/2012
Anatomy Of A Campus Coup (The New York Times Magazine)
08/28/2012
President Sullivan Greets Faculty At The Darden School And Morven Farm (Examiner)
08/04/2012
UVA President Drama Sways Fundraising (Associated Press)
07/16/2012
The Faculty Factor (Inside Higher Ed)
06/27/2012
Month's Events Provide a Jump Start for the Faculty Senate (UVA Today)
06/27/2012
U-Va. Seeks Normalcy after Sullivan Reinstatement, But Questions Linger (The Washington Post)
06/27/2012
UVa's Faculty Leaders Gain New Power After President Is Reinstated (The Chronicle of Higher Education")
06/27/2012
Public Universities Grapple with Money, Technology and Mission (PBS Newshour)
06/27/2012
University of Virginia Board Reinstates President (The Virginian-Pilot)
06/25/2012
U-Va. Leadership Crisis: Sullivan Allies Claim Momentum to Keep Her as President (The Washington Post)
06/25/2012
Virginia Echoes Harvard as Faculty Rises Up to Rehire President (Bloomberg Businessweek)
06/21/2012
New Meeting is Set on Fate of University President (The New York Times)
06/20/2012
Two Resignations Rock the University of Virginia (The New York Times)
06/12/2012
U-Va.'s Board Should Open Up About President's Ouster (The Washington Post)
10/10/2011
What Will Come of Illinois' False LSAT and GPA Reporting? (The National Jurist)
04/27/2011
Lawyers Question Firm's Decision to Ditch Gay Marriage Case (Atlanta Journal-Constitution)
12/21/2010
Analysis: NY Suit against Ernst & Young Fills Regulatory Gap (Reuters)
09/21/2010
Forced Pro Bono: But is it Legal? (Wall Street Journal Law Blog)
05/31/2010
Buffett, Moody's CEO Rate a Date on Market Crisis (Reuters)
04/23/2010
Goldman Sachs Should Cut Losses in SEC Standoff (Bloomberg Businessweek)
04/03/2010
How Washington Abetted the Bank Job (The New York Times)
09/03/2009
Rating Agencies Lose Free-Speech Claim (Reuters)
07/18/2009
A Matter of Opinion? (New York Times)
03/16/2009
Va., Tenn., Among States with No Attorney-Client Sexual Relations Ban (Bristol Herald-Courier)
01/22/2008
In Vioxx Settlement, Testing a Legal Ideal: A Lawyer's Loyalty (The New York Times)
01/07/2008
AEI on Vioxx (Blog of Legal Times)
01/07/2008
The Vioxx Settlement (C-SPAN)
12/19/2007
Attorney for Refco Accused of Fraud
11/16/2007
Vioxx Plaintiffs' Choice: Settle or Lose Their Lawyer (Wall Street Journal)
10/26/2007
Prosecutor Previously Represented Vick's Dad (Newport News Daily Press)
08/06/2007
In-House Attorneys, Watch Your Step/The Conviction of Conrad Black's Corporate Counsel Sends a Chilling Message (BusinessWeek)
07/29/2007
New Jitters for In-House Attorneys (The Informed Reader-WSJ.com)
07/22/2007
Refco Fallout May Hit Lawyers/Examiner's Report Suggests Regulation of Professionals Should Be Stronger (Chicago Tribune)
01/23/2007
Bye, Bye Enron, Regulators Say (CFO via Thomson Dialog NewsEdge)
05/19/2006
U.S. Indictment for Big Law Firm in Class Actions (New York Times)
03/10/2006
Airlines Can Legally Meet (Fort Worth Star-Telegram )

AT UVA LAW

Cohen To Become Inaugural Associate Dean for Curricular Programs
Exam-Taking Strategies
Inside the Classroom With Professor George Cohen
The Legal Classroom Experience
Insolence is Bliss! 108th Libel Show by the Numbers
UVA Law Professors Discuss Exam Strategies
George Cohen on the Financial Meltdown and the 'Forgotten' Law of Contracts
"Semester Summation": Spring 2008 News with Profs. Molly Bishop and George Cohen
"Semester Summation": Fall 2007 News with Profs. Molly Bishop and George Cohen
Spring 2007 Law School Newscast
Fall 2006 Law School Newscast
Side Agreements Have Important Implications for Contract Law, Theory, Cohen Says
Side Agreements Have Important Implications for Contract Law, Theory, Cohen Says
The SEC's Rules Governing Lawyers: Where to Go from Here?
Exam-Taking Strategies With UVA Law Professors

Featured Scholarship