The Relevance of Race and Disparity in Discussions of Contract Law
![handle is hein.journals/newlr31 and id is 899 raw text is: The Relevance of Race and Disparity in
Discussions of Contract Law
Blake D. Morant*
I. INTRODUCTION
Teaching contracts to eager first-year students comprised my primary
goal upon entry into the legal academy. This decision not only sprung
from the realization that contract law comprised a dynamic course
which greatly accommodated the socratic style of teaching so suited to
my pedagogical preference, but it also conjured significant fascination
as well as intellectual honesty.' Once granted the opportunity to teach
this dynamic field to fledgling law students, my strategy was clear:
teach contracts generically, devoid of emotion and controversial topics
* Associate Professor of Law, Washington & Lee University School of Law;
J.D., B.A., University of Virginia. To the Northeastern People of Color Scholarship
Conference for which this Article was originally prepared, I wish to express my
gratitude for providing the stimulus for this Article and the forum for its discussion.
I also appreciate the invaluable assistance provided by the following individuals: Joel
Williams, Pat Smith, and Jason Kuchmay, my very adroit research assistants; Ms.
Peggye Cummings and Lynn Fitch, my secretaries; Professors Robert S. Chang,
Frederic Kurgis, David Millon, Frank Parker, and Scott Sundby, who kindly read and
commented on various drafts; and Paulette J. Morant, my incredibly patient and
supportive spouse.
1. For more than fourteen years, my practice of law either focused primarily
upon, or included some aspect of, contract law. I functioned as the contracts attorney
for a major military installation during my service in the United States Army Judge
Advocate General's Corps. Moreover, my practice with the law firm of Braude,
Margulies & Rephan of Washington, D.C., and the General Counsel's office of the
Washington Metropolitan Area Transit Authority entailed a significant amount of
contract litigation and advisory work. I elucidate these facts not only to explicate my
rationale for teaching contracts, but also to underscore my interest and competence in
the field. See Blake D. Morant, Contracts Limiting Liability: A Paradox With Tacit
Solutions, 69 TUL. L. REV. 715, 719 n.15 (1995) [hereinafter Morant, Contracts
Limiting Liability]; Blake D. Morant, Contractual Rules and Terms and the Mainte-
nance of Bargains: The Case of the Fledgling Writer, 18 HASTINGS COMM. & ENT.
L.J. 453, 463 n.29 (1996) [hereinafter Morant, Contractual Rules and Terms].
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The Relevance of Race and Disparity in Discussions of Contract Law
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