Phil Cleary

Philip Cleary

Professor / Dean Emeritus

Law School / Faculty

508-985-1116

508-985-1115

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UMass School of Law 222


Education

Southern New England School of LawLLD, (Hon. c.)
Boston College Law SchoolJD
Harvard UniversityAM
Boston CollegeAB

Teaching

  • Torts, Advanced Torts, and Selected Issues in Massachusetts Tort Law
  • Civil Procedure
  • Commercial Law
  • Payment Systems
  • Sales

Teaching

Courses

A study of the law, policy, and theory of civil wrongs not arising from contract, including intentional assault, battery, false imprisonment, infliction of emotional distress, trespass, and conversion; negligence concepts, including duty, fault, causation, and injury; defenses, such as consent, assumption of risk, and comparative fault; strict and product liability; and other liability theories, such as nuisance, defamation, invasion of privacy, misrepresentation, and interference with economic relations.

A continuation of LAW 515, Torts I

A continuation of LAW 515, Torts I

A study of the law of sale and lease of goods, negotiable instruments, and bank deposits, based primarily on Articles 2, 2A, 3, and 4 of the Uniform Commercial Code.

A study of the law of sale and lease of goods, negotiable instruments, and bank deposits, based primarily on Articles 2, 2A, 3, and 4 of the Uniform Commercial Code.

A study of the law of sale and lease of goods, negotiable instruments, and bank deposits, based primarily on Articles 2, 2A, 3, and 4 of the Uniform Commercial Code.

Examines the law governing the sale and leases of goods. The course focuses primarily on domestic sales and leases under Articles 2 and 2A of the Uniform Commercial Code and related statutes such as the Magnuson-Moss Warranty Act, but will also consider some aspects of the international sale of goods under the United Nations Convention on Contracts for the International Sales of Goods (CISG), including the similarities and differences between Article 2 and the CISG. The course is primarily a statutory course and is taught by the problem method. Among the skills which the students should develop in this course are statutory interpretation, problem solving, and self-sufficiency. The course is primarily a statutory course and is taught by the problem method. Among the skills which the students should develop in this course are statutory interpretation, problem solving, and self-sufficiency.

Examines the law governing the sale and leases of goods. The course focuses primarily on domestic sales and leases under Articles 2 and 2A of the Uniform Commercial Code and related statutes such as the Magnuson-Moss Warranty Act, but will also consider some aspects of the international sale of goods under the United Nations Convention on Contracts for the International Sales of Goods (CISG), including the similarities and differences between Article 2 and the CISG. The course is primarily a statutory course and is taught by the problem method. Among the skills which the students should develop in this course are statutory interpretation, problem solving, and self-sufficiency. The course is primarily a statutory course and is taught by the problem method. Among the skills which the students should develop in this course are statutory interpretation, problem solving, and self-sufficiency.

Professional background

Professor Cleary is an honors graduate of Boston College Law School, where he was Revisions Editor of the UCC Reporter-Digest. He served as a law clerk to the Massachusetts Trial Court. He practiced law in Boston, primarily in civil litigation, and tried the first case in the country involving private employee drug testing. 

Professor Cleary is a member of the bars of Massachusetts, the United States Supreme Court, the United States Court of Appeals for the First Circuit, the United States District Court for the District of Massachusetts, and the United States Tax Court. He has also served as an appellate attorney with the Committee for Public Counsel Services.

Professor Cleary began teaching at the Southern New England School of Law as an adjunct professor in 1983 and was appointed to the full-time faculty in 1988. He was the first full-time dean of the law school and served in that position from 1988 to 1992.

During his tenure as dean, the school established the full-time day program and constructed its present facility.

Professor Cleary served as Associate Dean of UMass Law from 2011 to 2014.

Publications

Benevolent Maleficence: How a Well-Intentioned Legislature and a Deferential Court Combined to Stunt the Development of Massachusetts Product Liability Law, 8 U. Mass. L. Rev. 14 (2013)

Statutory Overkill: Why Section 3-420(a) of the Uniform Commercial Code May Not Really Mean What It Says about the Issuer’s Cause of Action for Conversion of a Negotiable Instrument, 39 U.C.C.L.J. 399 (2007)

The Crime of Shoplifting: Some Constitutional and Other Problems, 69 Mass. L. Rev. 20 (1984)

Private Employee Drug Testing: Some Common Law Theories of Recovery, a paper delivered at drug testing seminars sponsored by the Drug Policy Foundation, Washington, D.C., May 7, 1988

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