Whose Deal is It?: Teaching About Structural Inequality By Teaching Contracts Transactionally

Abstract:     
Adding context that includes attention to issues of structural inequality, including gender, race, sexuality, class (and their intersections), will not only enhance students' interest in Contracts, it also will assure that they become more competent lawyers overall. We need to move beyond teaching about "deals" in the abstract to paying attention to "whose deal is it" and how much that often matters. That it is so easy to do so in teaching Contracts transactionally is yet another reason why more of our courses should move toward that pedagogical method of instruction.

This essay is an edited version of a panel presentation given at the AALS Annual Meeting, Contract Section (January 2003). It both discusses why teaching contracts transactionally is important and gives some examples of class exercises to do so.

Number of Pages in PDF File: 6

Keywords: legal education, law teaching, contracts, transactional law, pedagogy, structural inequality, gender, race, sexuality, class

JEL Classification: K00

Accepted Paper Series