Friday, March 2, 2007
One of the big pedagogical divides among contracts teachers is whether to start the first-year Contracts course in the traditional way -- beginning with contract formation -- or to start with remedies. The first approach traces its origins to the creator of the first contracts casebook, Harvard's C.C Langdell. The latter was championed by another Harvard teacher, Lon Fuller.
The modern debate, says Scott Gerber (Ohio Northern) (top left) in a piece published on the AALS Contracts Section web site, began in discussions between Fuller and one of the titans of modern contract law, Yale's Arthur Corbin. Gerber details the interesting correspondence between them over The Casebook That Never Was.