Scott J. Burnham

Gonzaga University School of Law

Curley Professor of Law

721 N. Cincinnati Street

Spokane, WA 99220-3528

United States

http://www.law.gonzaga.edu/

SCHOLARLY PAPERS

33

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CITATIONS
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9

Scholarly Papers (33)

1.

How to Read a Contract

Arizona Law Review, Vol. 45, p. 133, 2003
Number of pages: 41 Posted: 16 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 364 (80,945)

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contract, drafting, reading, reading theory

2.

A Primer on Accord and Satisfaction

Montana Law Review, Vol. 47, p. 1, 1986
Number of pages: 22 Posted: 16 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 299 (100,482)

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accord, satisfaction, accord and satisfaction, Montana Law, UCC 1-207, contract law

3.

The Best and Worst of Contracts Decisions: An Anthology

45 Fla. St. U. L. Rev. 889-1022 (2018)., California Western School of Law Research Paper No. 19-2, Southwestern Law School Research Paper No. 2019/04, Marquette Law School Legal Studies Paper No. 19-08
Posted: 13 Feb 2019 Last Revised: 09 Aug 2019
Michigan State University College of Law, Gonzaga University School of Law, Arizona State University (ASU) - Sandra Day O'Connor College of Law, Ohio State University - Moritz College of Law, Marquette University - Law School, University of Central Florida, University of Florida - Levin College of Law, Southwestern Law School, University of the Pacific - McGeorge School of Law, Barry University School of Law, Touro College - Jacob D. Fuchsberg Law Center, South Texas College of Law Houston, University of Denver Sturm College of Law, South Texas College of Law Houston, University of California, Berkeley - School of Law, University of Arizona, James E. Rogers College of Law, California Western School of Law, William & Mary Law School, South Texas College of Law Houston and Brigham Young University - J. Reuben Clark Law School
Downloads 193 (156,016)

Abstract:

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Contracts, Contract Law

4.

Accord and Satisfaction in California: A Trap for the Unwary

Number of pages: 32 Posted: 17 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 188 (159,795)

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contracts, california law, accord, satisfaction, accord and satisfaction, Civil Code 1526

5.

Teaching Legal Ethics in Contracts

Number of pages: 16 Posted: 26 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 177 (168,701)

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Roger Cramton, ethics, legal ethics, drafting contracts, ethics in contracts, teaching Contracts, Model Rules of Professional Responsibility

The Interstices of Copyright Law and Contract Law: Finding the Terms of an Implied Nonexclusive License in a Failed Work for Hire Agreement

Journal of the Copyright Society, Vol. 46, No. 3, 1999
Number of pages: 36 Posted: 07 Dec 2007 Last Revised: 02 May 2012
Scott J. Burnham
Gonzaga University School of Law
Downloads 147 (198,021)

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copyright, contract, work made for hire, independent contractor, nonexclusive license

The Interstices of Copyright Law and Contract Law: Finding the Terms of an Implied Nonexclusive License in a Failed Work for Hire Agreement

Journal of the Copyright Society of the USA, No. 46, Pp. 333-400, 1999
Posted: 05 Mar 2000
Scott J. Burnham
Gonzaga University School of Law

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7.

Transaction Skills Training: Contract Drafting – Beyond the Basics

Transactions: Tennessee Journal of Business Law, p. 253, 2009
Number of pages: 45 Posted: 27 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 143 (202,033)

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drafting, contract drafting, ambiguity, transaction skills

8.

The Parol Evidence Rule: Don’t Be Afraid of the Dark

Montana Law Review, Vol. 55, p. 93, 1994
Number of pages: 52 Posted: 17 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 110 (246,743)

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parol evidence, contracts, Montana law, Sherrod

9.

Critical Reading of Contracts

Legal Studies Forum, Vol. 23, p. 392, 1999
Number of pages: 8 Posted: 27 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 104 (256,619)

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reading theory, drafting contracts, contract law, teaching contracts

10.

Remedies Available to the Purchaser of a Defective Used Car

Number of pages: 62 Posted: 26 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 87 (288,249)

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used car, contract law, used car contracts, consumer law, consumer warranty

11.

Why Do Law Students Insist that Article 2 of the Uniform Commercial Code Applies Only to Merchants and What Can We Do About it?

Number of pages: 10 Posted: 03 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 87 (288,249)

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Article 2, UCC, merchant, merchant rules, law students, uniform commercial code

12.

Drafting in the Contracts Class

Number of pages: 10 Posted: 01 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 86 (290,382)

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contracts, drafting, contract drafting, eBay contract

13.

What Attorneys Should Know About the Fair Debt Collection Practices Act, or, the 2 Do's and the 200 Don'ts of Debt Collection

Number of pages: 28 Posted: 24 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 84 (294,601)

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Heintz, FDCPA, debt collection, fair debt collection practices act, attorneys

14.

Are You Free to Contract Away Your Right to Bring a Negligence Claim?

Chicago-Kent Law Review, Vol. 89, p. 379, 2014
Number of pages: 35 Posted: 12 Jan 2014
Scott J. Burnham
Gonzaga University School of Law
Downloads 76 (312,671)

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contracts, exculpatory clause, skydiving, negligence, waiver

15.

Five Things I Learned Teaching at Concord Law School

AALS Section on Teaching Methods Newsletter, p. 5, Winter 2008
Number of pages: 2 Posted: 14 Jan 2012
Scott J. Burnham
Gonzaga University School of Law
Downloads 67 (335,310)

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Concord Law School, distance learning, online education, teaching methods

16.

The Interstices of Copyright Law and Contract Law II: Finding the Terms of an Implied Nonexclusive License in the Absence of Joint Authorship

62 Journal of the Copyright Society of the USA 223 (Winter 2015), Gonzaga University School of Law Research Paper No. 2014-08
Number of pages: 22 Posted: 05 Nov 2014 Last Revised: 31 Aug 2015
Scott J. Burnham
Gonzaga University School of Law
Downloads 56 (366,807)

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17.

The War Against Arbitration in Montana

Montana Law Review, Vol. 66, p. 139, 2005
Number of pages: 66 Posted: 17 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 55 (369,950)

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arbitration, Casarotto, Supreme Court, freedom of contract, Montana law

18.

The Hypothetical Case in the Classroom

Journal of Legal Education, Vol. 37, p. 405, 1987
Number of pages: 4 Posted: 27 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 51 (382,788)

Abstract:

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law teaching, contracts, teaching methods

19.

Incorporating the Doctrine of Reasonable Expectations in Article 2

Number of pages: 29 Posted: 02 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 50 (386,113)

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reasonable expectations, Article 2, UCC, Code methodology, Amended Article 2, Revised Article 2, contract of adhesion

20.

Setting Standards Under Sections 1-302 and 9-603

The Transactional Lawyer, Vol. 1, p. 3, August 2011
Number of pages: 2 Posted: 14 Jan 2012
Scott J. Burnham
Gonzaga University School of Law
Downloads 47 (396,372)

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UCC, Uniform Commercial Code, 1-302, 9-603, commercial standards, variation by agreement, freedom of contract

21.

UCC Section Captions

The Transactional Lawyer, Vol. 1, p. 3, December 2011
Number of pages: 2 Posted: 14 Jan 2012
Scott J. Burnham
Gonzaga University School of Law
Downloads 45 (403,458)

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UCC, Uniform Commercial Code, 1-107, section captions, captions

22.

Debating the Field Civil Code 105 Years Late

Number of pages: 36 Posted: 24 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 44 (407,031)

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Field Code, Montana Law, Montana Code Annotated, David Dudley Field, civil codes, Andrew Morriss, James Nelson, contract law

23.

Contract Damages in Montana Part 1: Expectancy Damages

Montana Law Review, Vol. 44, No. 1, 1983
Number of pages: 52 Posted: 13 Sep 2011 Last Revised: 02 May 2012
Scott J. Burnham
Gonzaga University School of Law
Downloads 42 (414,427)

Abstract:

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contract damages, contract remedies, expectancy, Montana

24.

The Regulation of Rent-to-Own Transactions

Loyola Consumer Law Reporter, Vol. 3, p. 40, 1990-1991
Number of pages: 7 Posted: 27 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 36 (438,248)

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rent to own, lease purchase, consumer protection

25.

Blood Does Not a Contract Make: A Response to Professor Nancy Kim

Number of pages: 5 Posted: 14 Sep 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 33 (450,901)

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reasonable expectations, socioculture, sociocultural, assent, Kim v. Son, Marriage of Witten

26.

Copyright in Library-Held Materials: A Decision Tree for Librarians

Law Library Journal, Vol. 96, No. 3, p. 425, 2004
Number of pages: 24 Posted: 14 Sep 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 32 (455,379)

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archives, common law copyright, fair use, library

27.

Contract Damages in Montana Part II: Reliance and Restitution

Montana Law Review, Vol. 45, 1984
Number of pages: 42 Posted: 14 Sep 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 28 (474,576)

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Montana, Reliance, Restitution, Field Code

28.

Contractual Relations in Small Business: Do the Benefits of a Custom-Made Contract Outweigh the Costs?

Number of pages: 8 Posted: 26 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 24 (496,069)

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Stewart Macaulay, small business, contracts, small business transactions

29.

Let’s Repeal the Field Code

Number of pages: 34 Posted: 24 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 22 (507,374)

Abstract:

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Montana law, Field Code, Montana Code Annotated, David Dudley Field, contract law, civil codes

30.

Agricultural Liens Under Revised Article 9

Montana Law Review, Vol. 63, p. 91, 2002
Number of pages: 28 Posted: 17 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 21 (513,200)

Abstract:

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UCC, Revised Article 9, agricultural liens, Montana law

31.

Symposium: Perspectives on the Uniform Laws Revision Process

Number of pages: 5 Posted: 17 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 14 (554,193)
Citation 1

Abstract:

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Uniform Commercial Code, Article 2, Revised Article 2, uniform law

32.

Is Article 2 Regulatory or Facilitatory? A Socratic Dialogue

Number of pages: 15 Posted: 03 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 14 (554,193)

Abstract:

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Article 2, UCC, Uniform Commercial Code, regulation, facilitatory, default rules, variation by agreement, freedom of contract

33.

Let's Restore Freedom of Contract to the Montana Code

Number of pages: 1 Posted: 02 Nov 2011
Scott J. Burnham
Gonzaga University School of Law
Downloads 14 (554,193)
Citation 1

Abstract:

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Field Code, Montana Code Annotated, Montana law, freedom of contract, variation by agreement