Faculty Profiles
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Mark Gergen
Title: Professor of Law
Office: 598 Simon Hall
Tel: 510-643-9577
Email Address: mgergen@law.berkeley.edu
FSU Contact: Cathy Romanski
Mark Gergen joined the Berkeley faculty in 2008 after teaching at the University of Texas School of Law for over two decades. In the private law area he has taught Contracts, Torts, Property, Commercial Torts, and Oil and Gas. In the tax area he has taught Federal Income Tax, Partnership Tax, Corporate Tax, and Tax Policy. In the 2008-2009 academic year he is teaching Torts, Partnership Tax, and Remedies (for the first time).
Gergen’s current scholarly interests include both private law and tax. In private law, his current work focuses on economic torts, restitution or unjust enrichment, equitable wrongs, and contract remedies. In tax, his current work focuses on partnership tax and regulating aggressive or abusive tax transactions.
His private law publications include the chapter Towards Understanding Equitable Estoppel in the book "Structure and Justification in Private Law" (Hart 2008), The Ambit of Negligence Liability for Pure Economic Loss, Arizona Law Review (2006), Restitution as a Bridge Over Troubled Contractual Waters, Fordham Law Review (2002), The Jury’s Role in Deciding Normative Issues in the American Common Law, Fordham Law Review (1999), and Tortious Interference: How it is Engulfing Commercial Law, Why this is Not Entirely Bad, and a Prudential Response, Arizona Law Review (1996).
His tax publications include How Corporate Integration Could Kill the Market for Corporate Tax Shelters, Tax Law Review (2008), The Story of Subchapter K: Mark H. Johnson’s Quest, in Business Tax Stories (2005), The End of the Revolution in Partnership Tax?, SMU Law Review (2003), The Logic of Deterrence: Corporate Tax Shelters, Tax Law Review (2001), and The Common Knowledge of Tax Abuse, SMU Law Review (2001).
Gergen graduated from the University of Chicago Law School in 1982. He clerked for the Hon. Harrison L. Winter, United States Court of Appeal for the Fourth Circuit (1982-1983), and was an associate at Arnold and Porter (1983-1985). He has visited at University College London Faculty of Laws and Harvard Law School.
Gergen was Reporter for Restatement Third, Economic Torts and Related Wrongs from 2005 to 2007 and is an Advisor to the Restatement Third, Restitution and Unjust Enrichment. He is author of the chapter on Partnership Interests in “Ferguson, Freeland, and Ascher, Federal Income Taxation of Estates, Trusts, and Beneficiaries” (Aspen Law & Business). He is the American Editor for the Restitution Law Review.
Education:
B.A., Yale University (1979)J.D., University of Chicago Law School (1982)
