Clayton Gillette

Courses

• Commercial Sales Law: Domestic and International

  This course examines the law governing the domestic and international sale of goods as regulated by the Uniform Commercial Code and the UN Convention on Contracts for the International Sale of Goods ("CISG"). The course will emphasize the use of statutory default rules to define the commercial relationship and to allocate commercial risks. Specific topics include acceptance and rejection of goods, contract interpretation in business transactions, formation of contract issues, including the issue of battle of forms, warranty liability, damage rules, risk of loss, and commercial impracticability. During this course, the solutions provided by the UCC and the CISG will be compared. The course will also deal with contracts concluded via electronic means and will, to some extent, also examine consumer transactions.

• Contracts

  The body of law concerned with private agreements, including capacity to contract, contract formation, interpretation, conditions, excuse of performance, and remedies for breach, is the focus of this course. Attention is given to the Uniform Commercial Code and other relevant statutes as well as to principles of common law and equity.

• Local Government Law

  This course examines the legal and political institutions that govern the provision of goods and services by state and local governments. We will explore the relationships between localities and states, between localities and their residents, and between localities and their neighbors. In each case, we consider and critique the principles that apply to the following issues: 1) what services should a local government provide; 2) which residents should receive which services; 3) who should pay for the services provided; 4) who should decide the answers to the above questions; 5) how good are local governments at providing services in an efficient and equitable manner? We will emphasize and critique the constitutional and statutory responses that states and localities have given to these issues. Among specific areas covered will be the sources of local government power, the role of localities in implementing social and environmental objectives, the scope home rule and local autonomy, racial and economic implications of urban policies, state pre-emption of local ordinances, conflicts between cities and suburbs, property taxation, user fees, and municipal debt finance.

• Modern Payment Systems

  This course will study the law concerning payments in commercial and consumer transactions. We will begin with an examination of how money facilitates transactions in a market economy. We will then investigate the various and increasing forms of money substitutes, with an initial focus on checks, credit cards, and debit cards. Next, we will look at payment systems in commercial transactions, including letters of credit and wire transfers. We will consider how contemporary technology, including the Internet, has altered the risks associated with payment systems. Specific topics include fraud and other unauthorized use of payment systems, the concept of negotiability, stop payment orders, relations between banks and their customers, the allocation of forgery risks, and relations between banks in the payments process. Throughout the course, we will consider whether precise rules or vague standards provide a superior means for regulating commercial transactions.