Business Law Curriculum Planning Guide

This guide has been prepared by Lewis & Clark’s business law faculty to help students make course selections in subject areas within the general category of business law. Almost all lawyers encounter aspects of business law as part of their practice, and some work primarily or exclusively in a particular subfield within business law. This guide therefore offers separate recommendations for students who are seeking (1) a basic foundation in a variety of business law concepts, or (2) to focus their studies on a particular area within business law.

In addition to considering the guidance set forth in this document, you should be sure to consult What’s What for graduation requirements and other general rules. You should also solicit the advice of professors or practitioners who have expertise in business law. In addition, you should refer to the course descriptions and the three-year curriculum plan. It is important to bear in mind that some courses are offered only every other year, and some specialized subjects may be available even less often. The three-year plan will give you some idea of the frequency of course offerings. You should also be mindful that some courses have prerequisites.

Certificates: Students interested in business law may elect to complete a Certificate in Business Law. Those doing so have the option to pursue a concentration in a particular subfield that will be recognized on their Certificate, although students may also elect to complete a Certificate in Business Law without pursuing any subfield concentration. In addition, there are certain areas within business law have their own separate certificates, including the Certificate in Energy, Innovation, and Sustainability Law, the Certificate in Intellectual Property Law, and the Certificate in Federal Tax Law. However, the latter certificate is being phased out and will no longer be open to students entering the law school in Fall 2024 or later. (Students seeking to specialize in Federal Tax Law will instead have the option to pursue a tax concentration within the Certificate in Business Law.)

Types of Business Practice: Transactional & Litigation

Attorneys who practice business law tend to be classified either as transactional lawyers or as litigators, although many attorneys do some of both types of work. Transactional lawyers represent businesspeople in negotiating deals and drafting documents. These lawyers must possess a thorough knowledge of the law in the particular areas in which they practice, and must also develop negotiation, drafting, problem-solving, and client-counseling skills. Business litigators represent clients in dispute resolution proceedings, which may be in court or in arbitration or mediation. Business litigators must possess a thorough knowledge of business law in the areas implicated by particular disputes, and must also have expertise specific to dispute resolution. The latter includes knowledge of civil procedure, rules of evidence, trial practice, and different forms of alternative dispute resolution. Litigators must also develop strong writing, negotiation, client-counseling, problem-solving, and courtroom skills.

Certain offerings within the business law curriculum at Lewis & Clark are relevant to both types of practice. As noted above, transactional lawyers and litigators alike need to be familiar with particular areas within business law, and so most substantive courses are useful for anyone pursuing either career pathway. By contrast, skill-based courses are usually most relevant for a particular type of practice. For example, Contract Drafting or the Small Business Legal Clinic impart skills specific to a transactional practice, whereas Moot Court or Trial Advocacy build skills unique to a litigation practice. That said, some courses may help students acquire skills associated with both types of practice. For example, students taking International Dispute Resolution gain exposure to both litigation-related skills (such as drafting discovery requests or cross examining witnesses) as well as transactional skills (such as drafting choice of law clauses, forum selection clauses, arbitration clauses, and sovereign immunity waivers.)

If you already know which type of practice you wish to pursue, it may make sense to tailor your curriculum planning accordingly. However, you may find it advantageous to sample courses or clinics relevant to both kinds of practice. Doing so will enable you to discover which career path aligns best with your talents and preferences. Moreover, you may find that you need to engage in both types of practice at different points in your career, and it can be valuable to have a foundation in each. In any event, however, you should be sure to include in your studies introductory courses in fundamental areas of business law, as identified below.

COURSES RECOMMENDED FOR ALL STUDENTS

The following courses provide exposure to some of the fundamental principles of business law and skills associated with a business law practice.

Substantive Courses

Advanced Contracts: Sales and Leases

Business Associations I & II

Bankruptcy & Debtor/Creditor

Employment Law

Income Taxation I

Intellectual Property Survey

Secured Transactions

Wills & Trusts

 

Practical Skills Courses

Contract Drafting

Entrepreneurship and Business Principles

Low Income Tax Payer Clinic

Moot Courts (e.g., Negotiations, Tax, Client Counseling, and Mock Trial)

Small Business Legal Clinic (SBLC)

Trial Advocacy (e.g., Integrated Evidence & Trial Advocacy and Pretrial Advocacy)

SPECIALIZED AREAS OF BUSINESS LAW PRACTICE

Business lawyers often develop expertise in one or more specialized practice areas. Students interested in exploring a particular specialty within business law should consider pursuing a concentration in that area within the Certificate in Business Law. These concentrations focus on the following subfields: Corporate Law; Commercial Transactions; Data Privacy Law; Estate Planning; Federal Tax Law; Health Law; and Labor & Employment Law.

In addition, some specialized areas within business law have their own separate certificates, as noted above. Other specializations are not currently the focus of any existing certificate or concentration, but students can still acquire a foundation in those areas by taking a mix of appropriate courses. For example, students interested in international business law may wish to take International Business Transactions, International Dispute Resolution, and International Investment Law, in addition to more fundamental business law courses.

For more information, please contact Professor Susan Felstiner at sfelstiner@lclark.edu or other members of the business law faculty.