Tulsa Law Review
What Professor Hillman labels as lore are better thought of as a series of heuristic starting points. I do not label them heuristics in and of themselves as they do not represent shortcuts to the ultimate answer. But, as I explain, all of the areas that Professor Hillman identifies as lore are actually quite nuanced, sometimes filled with exceptions; other times, they simply represent the first step in a long inquiry. Heuristics as a teaching device has been recognized in law and other disciplines as an effective tool in not only conveying information, but also prodding the student to conduct further inquiry. Thus, the persistence of lore may reflect nothing more than he need to have a starting point for a legal analysis, be it by a student, lawyer, or judge.
Colin P. Marks, Contract Lore as Heuristic Starting Points, 94 Tul. L. Rev. 925 (2020).