2009 Mid-Year Meeting
Workshop on Transactional Law
June 10-12, 2009
Westin Long Beach Hotel
Long Beach, California
“Transactional law” refers to the various substantive legal rules that influence or constrain planning, negotiating, and document drafting in connection with business transactions, as well as the “law of the deal” (i.e., the negotiated contracts) produced by the parties to those transactions. Traditionally, the law school curriculum has emphasized litigation over transactional law. However, many modern lawyers serve corporate clients, and a significant percentage of lawyers engage in some form of transactional practice. Hence, law schools must place greater emphasis on training law students to be transactional lawyers, and should support law faculty engaged in scholarship focused on transactional law. To this end, in 1994, the AALS held a workshop on the transactional approach to law, which sparked experimentation and innovation in teaching and scholarship related to transactional law. Since that time, there have been significant developments in transactional law. This Workshop not only will take stock of those developments, but also will enable participants to gain some in–depth perspective regarding the relative benefits and drawbacks of those developments.
Law schools have attempted to respond to the demand for increased transactional training in a variety of ways, from integrating transactional law into traditional law school courses to developing stand alone “Deals” or “Business Planning” courses. A number of law schools have developed innovative programs in transactional law. This Workshop will enable participants to discuss specific methods of teaching transactional skills with an eye towards ferreting out best practices. Should professors interested in teaching transactional law focus on substantive law, “transactional skills,” (i.e., planning, negotiating, and drafting), economic or other theories of business transactions, or all of the above? Should transactional skills be taught in separate courses or integrated into substantive courses? If taught in separate courses, should such courses be part of the first–year curriculum, integrated throughout the three years, or focused on the upper–level curriculum? How do you modify or supplement the traditional case method to teach students useful transactional skills?
The Workshop also will explore the challenges and benefits that arise for those who write or would like to write transactional scholarship. An as initial matter, the Workshop will address how best to define “transactional scholarship” in a way that accurately captures the potential breadth and depth of transactional law, and how transactional scholarship differs from traditional legal scholarship. The Workshop also will explore best practices for writing scholarship in this area, including methodologies for researching the legal, financial and practical effects of various corporate transactions. The Workshop will feature concurrent works–in–progress sessions, enabling participants to exchange ideas and insights regarding new scholarship related to transactional law.
One important goal of the Workshop is to bring together faculty from different doctrinal areas of law, including faculty who teach in the clinical setting. Transactional law touches many substantive areas of law, and it is closely identified with bankruptcy, business associations, contracts, commercial law, intellectual property, labor and employment law, securities regulation, and taxation. The Workshop will provide a unique opportunity for faculty members to make connections between their primary fields and transactional law, and thus should appeal to a broad spectrum of scholars and teachers.
~Planning Committee for the Workshop on Transactional Law
Lisa M. Fairfax, University of Maryland, Chair
Victor Fleischer, University of Illinois
Peter Pitegoff, University of Maine
D. Gordon Smith, Brigham Young University
Alfred Chueh-Chin Yen, Boston College
Who Should Attend?
Teachers of antitrust, business associations, clinical, commercial law, comparative law, contracts, consumer law, corporate finance, employee benefits, international business transactions, international organizations, intellectual property, law and economics, professional responsibility, real estate transactions, taxation and corporate finance will find this Workshop of interest.
When is this Workshop?
The workshop will be held at the Westin Long Beach Hotel in Long Beach, California June 10–12, 2009. The workshop will begin on Wednesday, June 10, with a plenary session starting at 2:00 p.m., followed by two full days (June 11–12) of plenary and concurrent sessions as well as small group discussions. In addition to the conference sessions, receptions will be held on Wednesday and Thursday evenings and luncheons will be held on Thursday and Friday.