Wayne R. Barnes
Professor of Law
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Courses: Bankruptcy, Consumer Law, Contracts, and Secured Transactions

Professor Wayne Barnes has been a member of the faculty at Texas Wesleyan School of Law since 2003. Prior to teaching, Professor Barnes practiced law at Strasburger & Price in Dallas, and earlier at Gibson, Ochsner & Adkins in Amarillo, Texas. During his practice, Professor Barnes concentrated on cases in the area of commercial litigation, with an emphasis on commercial credit, collections, and bankruptcy.

Professor Barnes’ scholarship focuses on contract law, including the implications of contract theory for ascertaining assent by consumers to standard form contracts.  Professor Barnes has especially focused on such assent to form contracts in the online Internet context, and the implications of the online environment for the contracting process. In addition to his scholarly pursuits, Professor Barnes was voted the Texas Wesleyan Upper Level Professor of the Year in the 2006-07 academic year. He also serves as the faculty advisor to the Texas Wesleyan Law Review.

Professor Barnes holds a J.D. from Texas Tech University School of Law, where he graduated summa cum laude and served as editor-in-chief for the Texas Tech Law Review. Professor Barnes earned his B.B.A. in finance from the University of North Texas, where he graduated cum laude.

Selected Publications

"The French Subjective Theory of Contract: Separating Rhetoric from Reality," 83 Tul. L. Rev. 359 (2008). [LexisNexis] [Westlaw] 

"The Objective Theory of Contracts," 76 U. Cin. L. Rev. 1119 (2008). [Hein] [LexisNexis] [Westlaw]

“Toward a Fairer Model of Consumer Assent to Standard Form Contracts: In Defense of Restatement Section 211(3),” 82 Washington Law Review 227 (2007). [Hein][Westlaw] 

“Introduction, Theory and Anti-Theory in the Work of Allan Farnsworth,” 13 Texas Wesleyan Law Review 1 (2006). [Hein][Westlaw]

“Rethinking Spyware: Questioning the Propriety of Contractual Consent to Online Surveillance,” 39 U.C. Davis Law Review 1545 (2006).  [Hein][Westlaw] 

"Contemplating a Civil Law Paradigm for a Future International Commercial Code,” 65 Louisiana Law Review 677 (2005)  [Hein][Westlaw] 

“Hadley v. Baxendale and Other Common Law Borrowings from the Civil Law,” 11 Texas Wesleyan Law Review 627 (2005)[Hein][Westlaw] 

"Texas Bucks the Trend - No Cause of Action for Lost Chance of Survival in the Medical Malpractice Context (student note): Kramer v. Lewisville Memorial Hospital,” 858 S.W.2d 397 (Tex. 1993), 25 Texas Tech Law Review 219 (1993). [Hein][Westlaw] 

“The Complete Guide to Mechanic’s and Materialmenan’s Lien Laws of Texas” (5th ed. Lexis-Nexis), co-authored by Sterling W. Steves and Wayne Barnes.