Tuesday, December 27, 2016
In this article by Professor Jacob Carpenter (Marquette), published in 2012 but only recently posted to SSRN, he discusses the advantages and pitfalls to using forms to teach contract drafting and suggests some alternative approaches. Since some of our readers will not doubt be interested in it, here are the details: Professor Carpenter's article is Unique Problems and Creative Solutions to Assessing Learning Outcomes in Transactional Drafting Courses: Overcoming 'The Form Book Problem' and can be found at 38 U. Dayton L. Rev. _ (2012) (though this particular volume is oddly missing from the Dayton L. Rev. website) and here on SSRN. From the abstract:
In transactional drafting courses, students need to practice evaluating and using forms to aid them when they draft contracts. Only by working with forms can students learn to identify forms’ benefits and dangerous pitfalls. On the other hand, when students use forms, how can professors assess whether students crafted the contract carefully based on their own knowledge and skills, or whether they essentially just copied a form? This article provides nine creative solutions that enable professors to assess whether students have attained the skillsand knowledge needed to draft strong contracts, even when students use forms to guide their drafting.