Monday, November 14, 2011
Scott Burnham has posted an article on SSRN in which he argues that contracting drafting should be a significant part of first-year contracts from the first class. He gives several examples on how to integrate contact drafting into this traditionally doctrinal course. He concludes: "I find that, in fact, drafting required the same higher-level reasoning processes as case analysis."
When I was in law school, we didn't draft a single contract in contracts, a complaint or answer in civil procedure, or a lease or deed in property. I am glad to see a trend of doing some drafting in first-year courses. Students understand better when they apply the principles they learned.