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ERIC Number: EJ901667
Record Type: Journal
Publication Date: 2007
Pages: 39
Abstractor: ERIC
ISSN: ISSN-0896-5811
Teaching Law and Theory through Context: Contract Clauses in Legal Studies Education
DiMatteo, Larry A.; Anenson, T. Leigh
Journal of Legal Studies Education, v24 n1 p19-57 Win-Spr 2007
Business professors in the twenty-first century have been engaging in another form of problem-based pedagogy to unite business school and business practice. This teaching methodology, called "active learning," has become the new case method in college courses. Like the case-based approach, active learning bridges the gap between theory and practice by developing skills along with a deeper understanding of the subject matter. This article contributes to the growing active learning literature in legal studies education by proposing contract exercises to develop both business skills and legal knowledge. The exercises utilize common contract clauses along with alternative factual backgrounds that require students to assess their enforceability in different contexts. They provide a technique of teaching theory through context. The first section of this article examines the importance and value of active learning exercises in legal studies education. The contract exercises, in conjunction with the corresponding law, are explained in section II. Two examples are provided involving the legality and drafting of covenants not to compete and liquidated damages or penalty clauses. Section III delineates the fundamentals of drafting and provides a framework of the reasonable person theory to instruct students in the drafting of contracts that are balanced and enforceable. Supplemental teaching materials on the contract clauses and drafting are available in the Appendices. The article concludes that legal studies education can serve to broaden business school education by engaging students in problem-based contract exercises that converge law, theory, and practice. (Contains 133 footnotes.)
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A