June 10, 2011
Contracts Roundtable: Teaching Resources
Posted by Erik Gerding

One comment to the Roundtable asked for suggestions for exercises in contract interpretation, analysis, and drafting. It is a great question, because being able to pull things off the shelf makes the upfront costs of innovating in the classroom a lot lower.

Gillian already mentioned the exercises available on her web site. I already mentioned the Harvard Program on Negotiation clearinghouse for negotiation exercises. I'd be interested to hear if our panelists have other suggestions.

We wanted to keep the summer roundtables away from discussions of which case book is better. But, without endorsing any of the following, here is a very incomplete list of books and resources that offer contract simulations and exercises (this list is just based on what I have in my office; my apologies if I leave someone's book out):

  • Tina Stark, Drafting Contracts: How and Why Lawyers Do What they Do;
  • Sue Payne, Basic Contract Drafting Assignments;
  • David Zarfes & Michael L. Bloom: Contracts: a Transactional Approach;
  • Thomas R. Haggard, Contract Law from a Drafting Perspective: An Introduction to Contract Drafting for Law Students;
  • Thomas R. Haggard & George W. Kuney, Legal Drafting: Process, Techniques, and Exercises;
  • Scott J. Burnham, Drafting and Analyzing Contracts.

(Please note: none of these authors have asked me to recommend their books. If others have alternative suggestions, please leave them in the comments. Since case book authors take quite a bit of pride in their work, professors are understandably reluctant to offer reviews or criticisms online).

Tina Stark has also organized an exchange for transactional teaching materials on Emory's web site. I confess to not having asked for a password for this exchange yet.

Prawfsblawg had a great series of guest posts last summer on advice on teaching various courses (Things You Oughta Know if You Teach X). Jeff Lipshaw authored a great post on teaching contracts, in which he makes additional suggestions for resources.

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