Discussion Issues – Concurrent Session on Contracts/Commercial Law
Veryl Victoria Miles, The Catholic University of America School of Law

In the spirit with this year's theme of pursing equal justice in our legal system we, are asked to consider ways to enhance the discussion and consideration of how the legal systems and laws that we study impact those members of our communities who live in poverty and who as a group have been historically and systematically disenfranchised from wealth acquisition opportunities in society. This discussion is viewed by many as important to challenge assumptions that the law is neutral and objective and that everyone is treated and affected the same under the law; to integrate the real experiences of diverse clients in framing legal arguments and achieving results under the law that respond to the needs of such clients; and to consider the role lawyers can have in making the law inclusive, responsive and just for all members of society, rich and poor alike.

Topics for Discussion

1. Because most commercial law and contracts courses are taught from the perspective of parties who enter into such transactions for business purposes, how can law professors challenge assumptions that such laws and legal systems are neutral and just in resolving disputes involving individuals who are poor or at a significant economic disadvantage in the contractual or commercial transaction?

2. To the extent that the question of disparate treatment or inequality under the law is effectively raised in contracts and commercial law courses by this challenge, how can law professors help students appreciate the importance of understanding their client's perspective and experiences in framing legal arguments and strategies in representing the client and achieving the results they seek?

3. In considering the inadequacy or limitations of these laws and legal systems in providing relief or addressing the needs of the poor or economically disadvantaged individuals, how can law professors help students find other solutions to assist such clients through legal reform, by providing advice and information on ways to acquire more favorable contract terms and financial services, or by using alternative dispute resolution options?

4. Law professors who choose to raise such issues in their courses may find students questioning the relevancy of this particular question to their study and understanding of the substantive law. How can law professors effectively integrate these questions throughout the course and in ways that directly relate to the substantive law that will be covered under a course syllabus?