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Scott J. Burnham
Professor of Law
406.243.6603
scott.burnham@umontana.edu

 
Professor Scott Burnham
     

Professor Burnham teaches Contracts, Commercial and Consumer Law, and Copyright Law. He teaches from the perspective of a practicing attorney, emphasizing preventive law rather than litigation.

Before he began his teaching career at The University of Montana, he practiced in New York City from 1975-1981. Professor Burnham has been a visiting professor at the law schools at Santa Clara University, the University of Tennessee, Western New England College, the University of Nevada, Las Vegas, Hawaii, Cardozo, and Vytautas Magnus in Lithuania. As a Fulbright Senior Specialist, he has taught at the University of Montevideo in Uruguay.

Professor Burnham is a member of the American Law Institute (ALI).

He received his J.D. and LL.M. degrees from New York University in 1974 and 1981 respectively.

 

BOOKS

Drafting and Analyzing Contracts (Michie Co., 1987; 3d ed. 1993). This work received the 1987-88 Preventive Law Prize administered by The National Center for Preventive Law. The work has been translated into Latvian.

State Bar of Montana, Commercial Law Practice Manual, author of chapters on Introduction to Uniform Commercial Code, Article 1, Article 2, Usury, Plain Language, and co-author of chapter on Bankruptcy (1996).

Contract Law and Its Application: Teacher's Manual (5th ed., Foundation Press 1996) (with Arthur Rosett).

LAW REVIEWS

The War over Arbitration in Montana, 66 Mont. L. Rev. 139 (2005).

Copyright in Library-Held Materials: A Decision Tree for Librarians, 96 L. Libr. J. 425 (2004).

How to Read a Contract, 45 Ariz. L. Rev. 133 (2003).

Contractual Relations in Small Business: Do the Benefits of a Custom-Made Contract Outweigh the Costs?, 7 Lewis & Clark J. of Small & Emerging Bus. L. 425 (2003).

Agricultural Liens in Montana under Revised Article 9, 63 Mont. L. Rev. 91 (2002).

Foreword to Symposium: Perspectives on the Uniform Laws Revision Process, 52 Hastings L.J. 603 (2001).

Debating the Field Code 105 Years Late, 61 Mont. L. Rev. 371 (2000) (with Andrew P. Morriss and Hon. James C. Nelson).

Drafting in the Contracts Class, 44 St. Louis U. L.J. 1535 (2000).

Critical Reading of Contracts, 23 Leg. Stud. Forum 391 (1999).

The Interstices of Copyright Law and Contract Law: Finding the Terms of an Implied Nonexclusive License in a Failed Work for Hire Agreement, 46 J. Copy. Socy. of the USA 333 (1999). This work was selected for inclusion in the 2000 edition of the Intellectual Property Law Review, an anthology of the best intellectual property law review articles of the year, published by the West Group.

What Attorneys Should Know About the Fair Debt Collection Practices Act, or, The 2 Do’s and the 200 Don’ts of Debt Collection, 59 Mont. L. Rev. 179 (1998).

Why Do Law Students Insist That Article 2 of the Uniform Commercial Code Applies Only to Merchants and What Can We Do About It?, 63 Brook. L. Rev. 1271 (1997).

The Parol Evidence Rule: Don't Be Afraid of the Dark, 55 Mont. L. Rev. 93 (1994).

Teaching Ethics in the Contracts Class, 41 J. Legal Educ. 105 (1991).

The Regulation of Rent-to-Own Transactions, 3 Loy. Consumer L. Rep. 40 (1991).

Accord and Satisfaction in California—A Trap for the Unwary, 30 Santa Clara L. Rev. 473 (1990).

The Hypothetical Case in the Classroom, 37 J. Leg. Educ. 405 (1987).

Remedies Available to the Purchaser of a Defective Used Car, 47 Mont. L. Rev. 273 (1986).

A Primer on Accord and Satisfaction, 47 Mont. L. Rev. 1 (1986).

Contract Damages in Montana Part 2: Reliance and Restitution, 45 Mont. L. Rev. 1 (1984).

Contract Damages in Montana Part 1: Expectancy Damages, 44 Mont. L. Rev. 1 (1983).

COMPUTER-ASSISTED INSTRUCTION

Overview and Sources of Contract Law (CALI 2003).

Remedies Lessons: An Introduction to Contract Remedies, Specific Performance, Expectation Damages, Certainty, Foreseeability, Mitigation, Measuring Expectation: The Cost of Completion, Substantial Performance, Reliance, Restitution, Liquidated Damages, An Introduction to UCC Remedies, Seller’s Remedies When the Buyer is in Breach, Buyer’s Remedies When the Seller is in Breach (CALI 2003).

Conditions (CALI 2001).

Defenses to Contract Formation (CALI 2000). This lesson covers Void Voidable, and Unenforceable Contracts; Illegal Promises; Lack of Capacity; Duress and Undue Influence; Unjust Terms (Unconscionability); Fraud and Misrepresentation; Misunderstanding and Mistake; and The Statute of Frauds.

Exploring a Contract (CALI 1999).

A Copyright Primer (CALI 1997). This program won second place in the Trautman Competition sponsored by CALI.

ITT v. LTX: An Interactive Exploration of UCC Article 2 (CALI 1996).

The Parol Evidence Rule (CALI 1994).

Drafting a Contract—The Sale of Goods (CALI 1988).

 
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