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A Two-Credit Commercial Law Course?

December 16, 2015

I’m posting this proposal and solicitation of comments at the request of some valued contracts-prof colleagues named below. I hope you’ll take them up on their request for feedback, which you can provide directly by clicking on the links associated with their names.

We – Wayne Barnes, David EpsteinPaula Franzese, and Kevin Tu – are asking for your help.

More law schools are no longer regularly or frequently offering courses in (1) payment systems, (2) secured transactions, and/or  (3) sales.  In part, this happens because these schools do not have faculty members who want to teach the courses.  And, in other cases, because students do not sign up for commercial law courses–even if the commercial law courses are taught from 11-12 on Tuesdays and Thursdays.

Most students do not need 42 class hours of payment systems, 42 hours of secured transactions, and 42 hours more of sales. [“What?! I’m appalled by this heretical statement!” – Ed.]  Lawyers in a general civil practice do, however, need to have familiarity with core commercial law concepts in order to master the specific statutory provisions that govern the transaction or litigation matter on which they are working. [“Okay, that’s better.” – Ed.] And, before that, there is a need to pass the state bar exam.

We propose that the needs of such students can best be meet in a two-credit course covering only core commercial law concepts, and we are working on course materials for such a course. We welcome your reasoned arguments against  this proposal.  Even more welcome would be your suggestions as to how 28 class hours can most effectively be used by students learning core commercial concepts.

We look forward to seeing you at the AALS and receiving your emails.

Luke Skywalker NoHmmm.  The idea of commercial law in two credits makes this teacher of payment systems and sales a little queasy (see my initial reaction in the selfie photo at left).  Still, I probably wouldn’t argue with the proposition that some exposure to commercial law is better than none. I’m curious what the broader contracts community thinks, so I’ve opened up the comments below.  Meanwhile, take advantage of this opportunity to help our colleagues with an interesting project.