Hey, Law Students! Here’s an Idea for a Law-Review Note

Law reviews—student-run journals that operate out of law schools—are odd institutions that have come in for a good deal of criticism. (I added to that with this 2015 post.)

But one potentially worthwhile feature of law reviews is that they provide students with the opportunity to write a “note” and have it selected to be published. But it can be challenging to come up with a topic that’s interesting yet hasn’t already been thoroughly picked over.

So if you’re trying out for law review and you expect to do transactional work after law school, take heed! I have a topic for you: to what extent can contracts constrain judicial discretion?

One context where that arises is when a contract says that a judicial principle of interpretation doesn’t apply. For more on that, see this post from earlier this year.

Another context is when a contract has a party, or all parties, acknowledge that a given standard has been met or a given situation does or doesn’t apply. One example of that is provisions stating that certain text is conspicuous for purposes of the Uniform Commercial Code; for more on that, see this 2012 post. Another example is provisions stating that no implied license is being granted under a contract; for more on that, see this post from earlier this year.

I’m interested in this topic. Heck, I’d write an article myself, if I had the time. So I’d be willing to act as a mentor for a student who chooses to write a note about this.

If this is of interest, get in touch.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.