Deal Deconstructions, Case Studies, and Case Simulations: Toward Practice Readiness with New Pedagogies in Teaching Business and Transactional Law

19 Pages Posted: 1 Apr 2014 Last revised: 17 Dec 2015

See all articles by Michelle M. Harner

Michelle M. Harner

University of Maryland Francis King Carey School of Law

Robert J. Rhee

University of Florida - Levin College of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2014

Abstract

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand the tradeoffs and dynamics of transactions and deal negotiations. They provide pedagogical alternatives to the traditional Langdellian method, which relies heavily on the study of edited appellate opinions. By presenting problems in different packages and from different temporal perspectives, these methods hone analytical, deal structuring, problem-solving, and decision-making skills.

Suggested Citation

Harner, Michelle M. and Rhee, Robert J., Deal Deconstructions, Case Studies, and Case Simulations: Toward Practice Readiness with New Pedagogies in Teaching Business and Transactional Law (2014). American University Business Law Review, v. 3, 2014, p. 81; U of Maryland Legal Studies Research Paper No. 2014-17; University of Florida Levin College of Law Research Paper No. 15-43. Available at SSRN: https://ssrn.com/abstract=2418508

Michelle M. Harner (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-4238 (Phone)

Robert J. Rhee

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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