Course Browser

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Search and explore Duke Law's wide variety of courses that comprise near every area of legal theory and practice. Contact the Assistant Dean for Academic Affairs to confirm whether a course satisfies a graduation requirement in any particular semester.
 

NOTE: Course offerings change. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.

 

Credits
Frequency
JD Course of Study
JD/LLM in International & Comparative Law
JD/LLM in Law & Entrepreneurship
International LLM - 1 year
LLM in Law & Entrepreneurship - 1 year
 
Clear all filters279 courses found.
Course Number Course Title Course Credits Degree Requirements Course Frequency Methods of Evaluation

101

Foundations of Law 1
  • JD - first-year curriculum
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

This year-long, signature course exposes all first year students to foundational legal concepts, themes and issues in the study of law. The first semester presents a historical perspective on such basic ideas as the common law, equity, and American Legal Realism. We will consider the development of legal thought in the Anglo-American legal tradition, the role of external perspectives such as political science in understanding and practicing law, and the relationship between law and other forms of normative thought. The second semester will examine the rise of the administrative state and the central role of agencies and regulations in our legal system. The course will end with an extensive case study. Students will receive a total of 2 credits for this course. This course runs for the first six weeks of the semester in both the fall and spring, for a total of 2 credits.

110

Civil Procedure 4.5
  • JD - first-year curriculum
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Variable by section

A consideration of the basic problems of civil procedure designed to acquaint students with the fundamental stages and concerns of litigation, e.g., jurisdiction, pleading, discovery, trial, choice of law, and multiparty actions. In addition, this course will highlight a number of specialized topics including the role of juries in deciding civil disputes, the ethical responsibilities of the litigation attorney, and the development of alternative dispute resolution systems. At several points, this course will focus on an analysis of the procedural system's operations as revealed through empirical studies.

120

Constitutional Law 4.5
  • JD - first-year curriculum
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Variable by section

An examination of the distribution of and limitations upon governmental authority under the Constitution of the United States. Included are study of the doctrine of judicial review of legislative and executive action, the powers of Congress and the President, the limitations on state governmental powers resulting from the existence or exercise of congressional power, and judicial protection against the exercise of governmental power in violation of rights, liberties, privileges, or immunities conferred by the Constitution.

130

Contracts 4.5
  • JD - first-year curriculum
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Variable by section

An examination of the formation and legal operations of contracts, their assignment, their significance to third parties, and their relationship to restitution and commercial law developments; the variety, scope, and limitations on remedies; and the policies, jurisprudence, and historical development of promissory liability.

140

Criminal Law 4.5
  • JD - first-year curriculum
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Variable by section

An introductory study of the law of crimes and the administration of criminal justice. One of the purposes of this course is to introduce the students to the nature of social control mechanisms and the role of law in a civilized society.

160AB

Legal Analysis, Research & Writing 4
  • JD - first-year curriculum
  • Generally fall semester
  • Yearly; generally fall semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

170

Property 4.5
  • JD - first-year curriculum
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Variable by section

A study of the law of property, its objectives and its institutions. This course investigates how property rights and institutions affect resources, prosperity, fairness, freedom, community, and the sometimes conflicting interests of individuals, groups, and governments, in specific applications such as land, possessions, energy, environmental resources, ideas, music, the family, and the self. The course examines doctrines such as acquisition, exclusion, transfer, estates and future interests, covenants and easements, trespass and nuisance, zoning, landlord-tenant and housing law, and compensation for government takings of property.

180

Torts 4.5
  • JD - first-year curriculum
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Variable by section

An analysis of liability for personal injuries and injuries to property. The law of negligence occupies a central place in the course content, but this course also considers other aspects of tort liability such as strict liability, liability of producers and sellers of products, nuisance, liability for defamation and invasion of privacy, and commercial torts. The subjects of causation, damages, insurance (including automobile no-fault compensation systems), and workmen's compensation are also included.

190

Distinctive Aspects of U.S. Law 2
  • International LLM - required courses
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

This course is intended to provide a broad introduction to key elements of American law. Emphasis will be placed on exploring contemporary constitutional issues and other issues involving fundamental principles of American law. Much of the focus will be on recent, and controversial, Supreme Court cases dealing with property law rights, affirmative action, the death penalty, punitive damages, the commerce clause, federalism, and separation of church and state. Special focus will also be given to developing a working understanding of the American litigation system, including reliance on pre-trial discovery, experts, and the jury system.

195

U.S. Legal Analysis, Research and Writing for International Students 2
  • International LLM - required courses
  • Yearly; generally fall semester
  • Generally fall semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)

A research and writing tutorial designed to introduce international students to the techniques of case and statutory analysis as well as the tools and methods of legal research. Students are expected to complete written assignments and memoranda of law.

200

Administrative Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

A study of the legal framework governing administrative agencies under the U.S. Constitution and the Administrative Procedure Act, with a particular focus on agency rulemaking and adjudication; Presidential power; Congressional control of agencies through statutes and other mechanisms of oversight; and judicial review of agency actions.

201

Legal Writing: Craft & Style 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Practical exercises

"Legal Writing: Craft & Style" is the new moniker for the "Advanced Legal Writing Workshop." This series of thirteen workshops is for 2Ls and 3Ls who wish to hone their legal writing or editing skills. Half of each workshop consists of a teaching component that focuses on topics from clarity to cohesiveness to effective style. The other half is spent working as a group on exercises—flawed sentences or passages from legal documents or articles. In addition to the exercises, required written work includes three short written assignments and peer reviews of each of these using criteria developed over the course of the workshop. These peer reviews will be reviewed in turn by me. In addition, I will be available to work one-on-one with any workshop participant who has a lengthier piece on which he or she would like feedback. The workshop offers two credits. It is not graded.

The workshop might be particularly useful to:

  • law review editors,
  • students on moot court,
  • students writing law-review notes or independent-study- or seminar papers (with the permission of the guiding professor),
  • students wishing to polish their writing samples, and
  • students wishing to improve the effectiveness of their writing for any reason whatsoever.

202

Art Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Final Exam, option
  • Final research paper (25+ pages in length), option
  • Class participation

This course will cover a number of intersections between the law and the people and institutions who constitute the world of the visual arts, including artists, museums, collectors, dealers, and auctioneers. The course will also cover non-legal material geared to shaping practices of art market participants, such as codes and guidelines adopted by art-museum associations, as well as some relevant literature from other academic disciplines. Specific topics will include: (1) contexts in which a legal institution must determine whether a particular object is a work of "art" or art of a particular type; (2) artists' rights, including statutory and non-statutory moral rights and resale rights; (3) problems of authenticity; (4) the legal rights and duties of auctioneers, art dealers, and other intermediaries; (5) the legal structure of art museums, including issues of internal management and governance; (6) stolen art, including objects looted during World War II; and (7) developments in law and industry practice relevant to "cultural heritage," the association of particular objects with particular places or societies.

Students will be required to participate in class discussions, and will have the option of writing a 30-page research paper OR taking a take-home exam. Paper topics must be approved by the instructor, who will be glad to make suggestions (some of which will involve local field research).

There are no prerequisites for the course. Although some background in intellectual property (copyright and trademark law) would be helpful, none is required. A set of readings will be distributed prior to the first meeting of the class.

203

Business Strategy for Lawyers 3
  • JD - general credits
  • JD-LLM-LE - required courses
  • LLM-LE (1 year program) - required courses
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Take-home examination
  • Midterm
  • Group project
  • Class participation

This course presents the fundamentals of business strategy to a legal audience. The class sessions include traditional lectures and business-school case discussions. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected for both their business strategy content and their legal interest.

The course is designed to introduce a wide variety of modern strategy frameworks and methodologies, including methods for assessing the strength of competition, for understanding
relative bargaining power, for anticipating competitors' actions, for analyzing cost and value structures and their relevance to competition, and for assessing potential changes in the scope of the firm (diversification and vertical integration). Basic mastery of these tools has relevance to everyone seeking a career in business or those advising business managers or executives.

Students taking this course should have completed a course (or its equivalent) in introduction to microeconomics as an undergraduate and be comfortable with use of graphs.

Students enrolled in Business Strategy must (a)have previously taken or be concurrently enrolled in Analytical Methods OR (b) have taken an undergraduate course in economics. Students that currently hold an MBA or enrolled in the JD-MBA program may not take this course. THIS IS A FAST TRACK COURSE.

205

Antitrust 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  • Generally fall semester
  • Yearly; varies, fall or spring semester
  • Take-home examination

This course covers the fundamentals of United States antitrust law as well as the underlying legal and economic theory. Topics include (i) horizontal restraints of trade such as cartels, oligopolies, and joint ventures; (ii) monopolization and the conduct of dominant firms; (iii) vertical restraints of trade between suppliers and customers such as resale price maintenance, territorial and customer restrictions, tying arrangements, exclusive dealing contracts, bundled and loyalty pricing; (iv) mergers; and (v) the intersection between antitrust and other areas of law, such as procedure, intellectual property, and the First Amendment.

A final exam will be offered.

206

International Arbitration 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination
In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through arbitration. This course introduces students to the law and practice of international arbitration. Among other things, the course will consider the formation and enforcement of arbitration agreements; the conduct of arbitral proceedings; the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; the strategic issues that arise in the course of international arbitration proceedings; and the practical benefits (and disadvantages) of arbitration.

207

Sports and the Law 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Take-home examination

Sports occupies a central place in modern society. It constitutes a significant sector in the economy and an important form of cultural expression. This course examines the legal relations among the various parties in sports at both the professional and amateur levels. Particular attention will be given to the importance given to the maintenance of competitive balance and its impact on traditional notions of competition that apply in other business settings. Contracts law, antitrust law, and labor law provide the essential core for the investigation of issues in this course. In addition, this course seeks to provide an informed perspective on the financial and business structures that define the industry.

210

Business Associations 4
  • JD - general credits
  • JD-LLM-LE - required courses
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

This course surveys the law providing ground rules for the organization, internal governance, and financing of corporations and other forms of business associations such as partnerships and limited liability companies. Topics include limited liability, fiduciary duties, shareholder voting, derivative suits, control transactions, mergers and acquisitions, public contests, and trading. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on business associations, among others.

215

Commercial Transactions 4
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

A study of basic policy choices made in the structuring of the law governing consumer and commercial transactions. The course serves as an overview of the role of debt in US society, especially consumer debt. This course looks at common debt arrangements, bankruptcy, and secured lending, both for personal property and for real property (mortgages). Particular attention is given to the lessons learned, and not learned, in the recent mortgage crisis. The course weaves discussions of major policy issues on excessive consumer and student debt with the substantive rules that define how debt arrangements are structured and then resolved, as in bankruptcy. Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law.

218

Comparative Law: Western Legal Traditions 3
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination

This course has two aims. On a practical level, we will learn about the differences and similarities, both real and perceived, between different legal orders. We will focus on legal orders within the "civil" and "common" law and try to find out in which way it makes sense to conceive of them as "the Western Legal Tradition". On a theoretical level, we will try to understand what it means to "compare", and how it can help us both to understand other legal systems as well as our own.

220

Conflict of Laws 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Take-home examination
  • Class participation

A study of the special problems that arise when a case is connected with more than one state or nation. Topics include the applicable law (choice of law), personal jurisdiction, and the recognition and effect of foreign judgments.

225

Criminal Procedure: Adjudication 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination

A study of the basic rules of criminal procedure, beginning with the institution of formal proceedings. Subjects to be covered include prosecutorial discretion, the preliminary hearing, the grand jury, criminal discovery, guilty pleas and plea bargaining, jury selection, pretrial publicity, double jeopardy, the right to counsel, and professional ethics in criminal cases.

226

Criminal Procedure: Investigation 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination
This course is a study of the legal limitations on criminal investigative practices contained in the Fourth, Fifth, and Sixth Amendments to the Constitution. Topics include search and seizure, arrest, the exclusionary rule, electronic surveillance, the privilege against self-incrimination, interrogation, confessions, and the right to counsel.

227

Use of Force in International Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This seminar will examine international law concerning the use of force. It focuses on jus ad bellum as opposed to jus in bello, although there will be some overlap. Students will consider the creative possibilities and practical limitations of international law for regulating the use of force in a variety of situations, especially during periods of putative peace. Case studies (contemporary and historical) will be examined in conjunction with the issues covered. The seminar will analyze what constitutes "force" and "armed attack" under international law, and will survey such topics as self-defense, humanitarian intervention, the law of rescue, and the legal aspects of international counter-piracy and counterterrorism operations. The characteristics of use of force in space and cyberspace also will be discussed, a s will be the use of drones and autonomous weapons systems. In addition, the lawfulness of nuclear weaponry, particularly as a deterrent, will be assessed. Students will be encouraged to relate legal and interdisciplinary sources in order to better understand the multi-faceted interaction between law and the use of force. There is no examination for this course (which will only be offered in the fall) but a 20-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Upper-Level and possibly other writing requirement must obtain instructor approval and produce a paper at least 30 pages in length. The remainder of the grade (35%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for the course is Mary Ellen O'Connell's International Law and the Use of Force (2nd Ed., 2008), but students are strongly encouraged to consider obtaining a used book, or renting it (Amazon) as it will be used for about half the course, the rest of the material being provided by the instructor electronically. It is anticipated that during the fall of 2016, there will be a make-up class on Friday, September 23rd, and no class on Tuesday, November 14th.

229

State and Local Government Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Take-home examination
  • In-class exercise
  • Class participation

Much of the business of governing takes place at the state and local level, rather than on the federal level. Competent attorneys must consider the role that various state and local actors will have on their clients' interests, whether they represent large corporations, small franchises, or individuals. This course is designed to offer an overview of the issues concerning state and local governance from both a theoretical and practical perspective. The course will acquaint students with the broad issues surrounding state and local government, rather than focus on any particular state or municipality. Among the topics to be discussed: state constitutional law, structure, and rights; distribution of authority between federal, state, and local governments; federal, state, and local government coordination and conflict; issues surrounding state and local provision of services and employment; state and municipal governance and oversight, and the role of localism and direct democracy in our constitutional structure. Evaluation will be based on class participation, class exercises, and an examination.

232

Employment Discrimination 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

A study of the law of employment discrimination, focusing mainly on the federal law that prohibits discrimination based on race, sex, age, religion, and disability. Issues of both practice and theory are discussed.

235

Environmental Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Take-home examination
  • Group project
  • Class participation

This course examines the large and growing body of law addressing relationships between human activities and the environment, including the legal regimes governing air, water, toxic chemicals, hazardous waste, resource use, biodiversity and ecosystems, and climate change. The course assesses key features of these legal regimes, including the array of rationales for environmental protection (ethical, economic); the choice of policy instruments (e.g. standards, taxes, trading, information disclosure); the roles of different branches of government (legislative, executive, judicial) and levels of government (local, state, national, international), and of non-governmental actors; and the skills of policy analysis, policy design, and regulatory and statutory construction. Throughout the course, we will study how each component of this body of law handles four key questions: How serious a problem (risk assessment and priority-setting)? How much protection is desirable (risk management and tradeoffs)? How to achieve this protection (instrument choice)? Who decides and acts upon these questions (federalism, branches and levels of government, and institutions)? The focus is on the U.S. legal system, with some comparative analysis of the law in other countries and international regimes.

This course, Law 235, is intended for professional and graduate students, and is also cross-listed as Environ 835 in the Nicholas School of the Environment. Professional and graduate students in the Nicholas School who would like to enroll in this course under Environ 835 should contact the NSOE Office of Academic & Enrollment Services, Erika Lovelace, e-mail or telephone 919-613-7459. (The Law School and the law professor teaching this course do not have "permission numbers.") (Professional and graduate students in the Sanford School of Public Policy, or other schools outside the Law School, should also contact the Nicholas School's office of Enrollment Services to enroll in Environ 835.) For undergraduate students, the Nicholas School offers a different course, Environ 265.

236

International Human Rights 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination
  • In-class exercise
  • Class participation

This course critically assesses the international and domestic laws, institutions, and legal and political theories that relate to protecting the fundamental liberties of all human beings. The course also engages with the controversies that arise at the intersection of human dignity, state sovereignty, and efforts to use international law to promote world order. It emphasizes (1) specific "hot button" topics within human rights law, such as extraordinary renditions, the death penalty, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies in international and domestic legal systems that interpret and implement legal rules relating to these and other human rights topics; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated.

237

Ethics of Social Justice Lawyering 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Final Exam
  • Class participation

This course examines Professional Responsibility as it applies to representing poor and/or underrepresented clients (in criminal and civil cases), as well as to lawyering for social justice causes, through impact litigation and other means. We will explore the substantive law of Professional Responsibility, focusing on ethical challenges frequently encountered in social justice representation (e.g., representing clients who are uneducated or culturally different than the attorney, practicing with limited resources in an environment of many unmet legal needs, defining who the client is when representing a group or cause, and the tensions created when the requirements of Professional Responsibility are at odds with the attorney's personal morality or vision of social justice).  While we will work mostly from the ABA Model Rules of Professional Conduct, required reading will also include scholarship on the unique ethical and moral dilemmas of social justice lawyers, and students will be encouraged to think critically about the rules of Professional Responsibility and their application in social justice contexts.  Throughout the course, we will consider and practice the lawyering skills needed to ethically represent clients and social causes, through in-class resolution of hypotheticals and experiential learning, such as simulations or role-playing.   Several practicing, social-justice attorneys will join us to guest-speak. Grades will be based on writing assignments, quizzes, and class participation; there will not be a final exam.

238

Ethics and the Law of Lawyering 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Take-home examination
  • Class participation

This course examines in detail the "law of lawyering" relating to such issues as the formation of the attorney-client relationship, confidentiality, communications with clients, conflicts of interest, regulation and discipline of attorneys, and numerous other areas relating to the lawyer's role in American society. In addressing these issues, we will consider the extent to which the law governing lawyers derives from the concept of a learned profession, as well as the degree to which the ethics of lawyering may differ from personal ethics and morality. While particular attention will be paid to the ABA Model Rules of Professional Conduct, the class will also examine other sources of relevant law, including the Restatement (Third) of the Law Governing Lawyers, court decisions, statutory rules, and administrative regulations.

 

239

Ethics and the Law of Lawyering in Civil Litigation 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Practical exercises
  • Scheduled in-class examination
This course examines the principles of legal ethics and professionalism. Our focus will be on identifying and responding to the key issues faced by a civil litigator, and on the model rules of professional conduct, case law, and ethics opinions that a lawyer must consider in resolving such issues. Topics include the formation and termination of the attorney client relationship, conflicts of interest, and communications with the court and opposing counsel through the discovery and trial process. We will examine the balancing of the duty of advocacy with the duty to the administration of justice. We will also explore issues such as admissions, discipline, and common law firm associate dilemmas such as billing and changing law firms. During the semester, students will prepare two short (3-5 pp) memoranda. There will also be an open book in-class exam at the end of the semester.

244

The Business and Economics of Law Firms 1
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Shorter reaction papers
  • Group project
  • Practical exercises
  • Class participation

This course will provide students with an enhanced and vital understanding of law firms as business entities in a competitive and global market. Based on feedback from employers, interviews with hundreds of lawyers and published accounts from law firm leaders, it is clear that technical legal ability will be necessary but not sufficient to excel in the practice of law or any business endeavor in coming decades. The topics will be explored through the review and analysis of literature, statutes, and case studies, and will include a basic financial analysis of the operations of law firms. Assignments will be collaborative and will simulate the client advisory process allowing students to gain experience providing legal advice and business recommendations. Associate Dean and Senior Lecturing Fellows Bruce Elvin and George Krouse '70 will lead, teach and organize the seminar, with senior law and business leaders from the United States and abroad serving as guest lecturers many weeks.

245

Evidence 4
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases.

250

Family Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; varies, fall or spring semester
  • Scheduled in-class examination
  • Practical exercises
  • Class participation

A study of legal and policy issues relating to the family. Topics include requirements for marriage, nontraditional families, obligations at divorce, establishing parenthood, and adoption. Grading is based on a final examination, class participation, and written work relating to a visit to family court and completion of a divorce settlement exercise.

252

Foreign Relations Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Scheduled in-class examination
This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.

255

Federal Income Taxation 4
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

An introduction to federal income taxation, with emphasis on the determination of income subject to taxation, deductions in computing taxable income, the proper time period for reporting income and deductions, and the proper taxpayer on which to impose the tax.

260

Financial Information 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

Many attorneys are required to evaluate financial data, notably financial statements from corporations, on a regular basis. The need is not limited to corporate attorneys; indeed litigators in securities, antitrust, malpractice, or general commercial litigation frequently must analyze financial information. This course serves to both introduce basic accounting principles and practices and their relationship to the law, as well as to study a number of contemporary accounting problems relating to financial disclosure and the accountant's professional responsibility. Students with accounting degrees, MBAs or who have taken more than a couple of accounting courses are not permitted to enroll. Also, Business Essentials may not be taken concurrently with this course.

265

First Amendment 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Take-home examination

This course examines the legal doctrines, theories, and arguments arising out of the free speech and religion clauses of the First Amendment.

270

Intellectual Property 4
  • JD - general credits
  • JD-LLM-LE - required courses
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Take-home examination

A comprehensive introduction to the principal theories of trademark law and unfair competition, copyright law, patent law, and related state and federal doctrines.

275

International Law 3
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

This course offers a general introduction to the international legal system and provides a foundation for more specialized courses. Topics covered include the sources, actors and institutions of international law; the application of international law by U.S. courts; adjudication by international tribunals; the extraterritorial application of domestic law; and an introduction to specific topics, such as human rights, international criminal law, international trade and investment, environmental protection, and the use of force.

285

Labor Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

The course examines the basic principles of labor law: a body of rulings, regulations, and legislative acts governing the rights of workers to form a union and collectively bargain over workplace terms and conditions. It focuses on the major federal legislation in this area - the National Labor Relations Act - as opposed to other laws governing workplace conduct (wage-hour, anti-discrimination, etc.), state laws, or those pertaining to public sector employees. The class covers the history of the Act, who is covered under its provisions, the jurisdiction of the National Labor Relations Board and judicial review of its actions, how unions are formed, collective bargaining, unfair labor practices and the procedures to remedy same, and economic weapons used in labor disputes (strikes, boycotts, lock-outs, etc.).  The class also analyzes labor law from a multi-disciplinary perspective, with attention given to psychology, economic history, politics, and emerging cultural trends (the rise of social media as a means of union organizing, for example). It is taught using a combination of lecture, case analysis, and classroom simulations. It is the goal of this course to provide the student a firm grounding in the basics of labor law, with a practical appreciation of the passions labor conflict generates.

287

Principles of Commercial and Bankruptcy Law 4
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM, Business Law Certificate
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. The course will start with a brief overview of the more innovative aspects of sales law, and then will introduce such basic commercial law concepts as letters of credit, documents of title, and negotiable instruments.

The course then will focus on secured transactions under Article 9 of the Uniform Commercial Code, including the concepts of security interests, collateral, perfection and priority, and foreclosure. That will bring in the natural interplay with such bankruptcy law concepts as property of a bankrupt debtor's estate, automatic stay of a foreclosure action, use by a debtor of property subject to a security interest, adequate protection of the secured party's interest, rejection of executory contracts, bankruptcy trustee's avoiding powers, preferences, fraudulent conveyances, postpetition effect of a security interest, set-offs, and subordination. The course also introduces principles of international insolvency and bankruptcy.

Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law. This course (Principles) is intended to give a solid, conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice.

288

Consumer Bankruptcy & Debt 2
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; varies, fall or spring semester
  • Intermittent
  • Shorter reaction papers
  • Final research paper (25+ pages in length), option
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This course uses consumer bankruptcy as a lens to study the role of consumer credit in the U.S. economy and society. The class will focus on the key aspects of the consumer bankruptcy system, including who files bankruptcy, what causes bankruptcy, the consequences of bankruptcy, and the operation of the bankruptcy system. We will discuss each of these issues in the larger context of consumer debt and consumer law. The readings will come from law and non-law sources, including the work of a variety of social scientists. The class will discuss issues relevant to the legal system and the study of law generally, including the use of data to measure legal problems, the role of lawyer and non-lawyer actors, and the nature of modern
policymaking.

289

Business Essentials 2
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Scheduled in-class examination
The course is intended to introduce law students to essential principles of accounting, financial statement analysis, finance, business valuation, the economics of the firm, financial instruments, capital markets, and corporate transactions.

This course is not open to students who majored in business, have a business background, are JD/MBA candidates, or who have taken Financial Information (LAW 260). Students who take Business Essentials will be precluded from taking Financial Information (LAW 260) in the future.

290

Remedies 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)
This course examines the powers and limits of the law to right those who have been wronged. We will cover different forms of remedies—including money damages, injunctions, and declaratory judgments. We will also explore ancillary remedies or enforcement mechanisms, such as the power of courts to hold parties in contempt. The course spans both private and public law contexts, with specific case studies ranging from school desegregation to the September 11th Victim Compensation Fund. Ultimately, the goal of the course is to provide an understanding of how the law responds to transgressions of substantive law, and also to provide a richer account of the power of our legal institutions more generally.
There is no exam for this course.

Students will be expected to write two five-page response papers during the term and one twenty-page paper at the end of the semester.

295

Trusts and Estates 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

298

Ocean and Coastal Law and Policy 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
This course explores laws and policies that affect decisions on United States ocean and coastal resources. We examine statutes, regulations, attitudes, and cases that shape how the United States (and several states) use, manage, and protect the coasts and oceans out to – and sometimes beyond – the 200-mile limit of the Exclusive Economic Zone. We cover government and private approaches to coastal and ocean resources, including beaches, wetlands, estuaries, reefs, fisheries, endangered species, and special areas.

301

AIDS and the Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
The course will explore the legal and policy landscape of the HIV/AIDS epidemic primarily in the United States. We will employ a multi-disciplinary approach to teaching about HIV law and policy, including the legal issues faced by persons with HIV disease. Speakers will include medical specialists, social workers, and persons living with HIV. Topics covered include HIV-related stigma and discrimination, HIV testing and public health laws, confidentiality and privacy rights, estate planning issues, HIV criminalization, health disparities, access to health care and health insurance, permanency planning for children and other family law issues, employee benefit issues, and torts and HIV-related private lawsuits. There is an opportunity for student presentations on AIDS Law issues. In lieu of an exam, there is a paper requirement for the course. The course is helpful but not required for those intending to enroll in the Health Justice Clinic.

This course is only offered in the fall semester.

304

Big Bank Regulation 4
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Scheduled in-class examination

Banking has evolved rapidly in just a few years. Global trade and investment has been supported and promoted by an emerging global financial system. This has in turn encouraged the growth of giant universal banks, based in the United States, the United Kingdom, mainland Europe, and in China and Japan. Most modern banks of any significant size (greater than $100 billion in total assets) have transnational and often truly global operations, but they also create major new risks and regulatory challenges. The debate over big banks and "too big to fail" concerns continue to be an important public policy concerns in the 2016 Presidential election campaign. Since the Global Financial Crisis of 2008, the largest in a long run of domestic and international crises since the Great Depression of the 1930s, a new framework has been emerging that fundamentally changes the way in which such financial institutions must be regulated. The walls between the three main sectors of finance-banking, securities and insurance-have broken down, yet at their core banks continue to be somewhat unique in their functions and the challenges they present for financial stability. This course will review this development and focus on the established and emerging regulatory architectures and systems, both domestic and international, as well as the future challenges and prospects for global and domestic financial reform.

Although there will be a substantial amount of statutory and some important case law, the course will be of interest to, and manageable by, graduate students in public policy, economics and business studies.

 

306

Corporate Crime 4
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Take-home examination
  • Class participation
This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice. The course will give students a first exposure to: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers involved in potential criminal violations (and certain civil analogues); and (2) the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context.

This field is large, complex, and developing rapidly. This course therefore can cover only a selection of topics, and will emphasize policy and the need to confront gaps and uncertainty in doctrine. As there is no unitary body of black letter law in this field, this is not that kind of course. Coverage is likely to include mail and wire fraud, perjury and obstruction of justice, securities fraud (including insider trading and accounting fraud), the Foreign Corrupt Practices Act, corporate criminal liability, grand jury powers and procedure, representation of entities and individuals, the Fifth and Sixth Amendments in the corporate context, plea and settlement agreements, and sentencing.

The materials consist of a course pack and occasional handouts. Assigned reading averages about 80 pages per week. The grade will be based primarily on a take home exam, with some weight given to class participation. Use of laptops, smartphones, tablets, and the like will be prohibited during class meetings.

309

Children and the Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)

This seminar is derived from the three-credit Children and the Law Course. Where the latter is a broad survey of the law governing legal decision making for children and the relationship between parents and the state that arises in that context, this seminar focuses on the contest between parents and the state over the development of the child's mind and the ways the law facilitates and challenges that contest. Following an introduction to the concept of the child in U.S. and international law, the course provides deeper examination of the three areas of the law that are most implicated in this respect: education, religion, and maltreatment. Students will be required to submit a two-page reflection paper before each class meeting and to prepare a research paper on a related topic. Individual enrolled students may opt to take the course also for writing credit in which case requirements for the research paper are more detailed.

Taught by Professor Doriane Lambelet Coleman

310

International Dispute Resolution 2
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Intermittent
  • Scheduled in-class examination
  • Practical exercises
  • Class participation

Today’s leading dispute-resolution lawyers of the United States, and every nationality, must be equipped for the international practice of law.  Their clients increasingly include multinational corporations and foreign governments who carry out commercial transactions, invest in public infrastructure, and exploit natural resources often in collaboration with other corporations and governments of diverse nationalities around the globe.  Clients may also include citizens and community groups affected by such projects.  Given the sometimes conflicting interests of the various stakeholders, some of these undertakings evolve into complex disputes that cross not only geographic borders, but also cultural, linguistic, political, and jurisdictional boundaries.  Fortunately, the contracts and treaties which govern these projects, and which have proliferated exponentially in recent decades, provide for the resolution of disputes through international institutions, such as the International Court of Justice (ICJ), the International Centre for Settlement of Investment Disputes (ICSID), and the Court of Arbitration of the International Chamber of Commerce (ICC).  Rights and remedies of private parties may be available, either alternatively or additionally, through national courts, local arbitration forums, and diplomatic protection.  And mediation of international disputes is on the rise, under existing institutional rules or through ad hoc proceedings such as before the Permanent Court of Arbitration (PCA).  As you prepare yourself to represent global clients, you must be equipped to navigate the available forums and the applicable legal regimes to advance their interests.

This course will take students through an evolving, hypothetical international dispute, to empower students with practical knowledge, skills, and strategy.  Each module of the course will require students to explore a different dispute resolution forum and address a different facet of the dispute governed by a different source of law (including treaties; contracts and concessions; and local, foreign, and customary international law).  Students will be required to read selected excerpts from leading cases and treatises and to engage in substantive discussion and debate in class.  Students will also be required to complete practicum exercises to develop transferable skills for all forms of international arbitration and litigation.  All hypothetical scenarios, materials, and assignments will be based on real cases from the professor’s experience, to ensure that students gain practical knowledge and skills for their own international practice of law.

311

Election Law 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper (10+ pages in length)
  • Final research paper (25+ pages in length)
  • Shorter reaction papers
  • Group project
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

This course will explore selected topics in Law and Politics of American Democracy. We will examine the way the law and other forces have shaped the structure of American political participation, and we will consider alternative directions American democracy might take. Time permitting, we will focus on the right to vote, racial and political gerrymandering, campaign finance, political parties, ballot access, reapportionment/redistricting, and the Voting Rights Act.

313

Judicial Decisionmaking 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Take-home examination

What decides legal cases? One obvious answer is: the law. Judges apply the law to the facts of a case and an answer presents itself. This simple understanding of how law and the judicial process work may be true in many cases, but it is not true in all of them. Social scientists have sought to explain judicial decisionmaking by reference to a variety of non-legal factors, including judges' personal characteristics, their caseloads, and their relationships with each other. The social scientific study of courts raises a host of interesting questions.

For example, on a multi-member court like the Supreme Court, does it matter which Justice is assigned to write the opinion, or will the majority (or the whole Court) bargain to the same outcome anyway? If opinion assignment matters to outcomes, how might judges' choices about the division of labor influence the content of the law? How do higher courts ensure that lower courts comply with their decisions? Does the need to police lower courts alter legal doctrine, giving us more bright line rules and fewer fuzzy standards? Similarly, does the fact that certain groups, like the Chamber of Commerce, are repeat players, affect the outcome of cases? Does it affect doctrine? Finally, does it matter who is under the robes? Does the ideology of the judge, or her race or gender, matter to the outcome of cases? (Which cases?) If so, is it possible to predict how judicial characteristics will shape the law? Should our answers to these questions affect how we choose judges?

This course that will examine these questions and many like them. In law schools, these sorts of questions get limited attention: our focus is primarily on the legal doctrine or rules themselves. Social scientists take a very different approach, studying the behavior of judges rather than legal doctrine and trying to understand what accounts for judicial outcomes and the shape of legal institutions. This course will marry the social science literature and the questions it raises to a set of normative problems within the law itself.

 

315

Complex Civil Litigation 3
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Take-home examination
  • Oral presentation
  • In-class exercise

This is an advanced civil procedure class taught in the Moot Courtroom for those interested in large scale litigation, with an emphasis on practical application and stand-up courtroom 3-minute "mini- oral arguments" on many of the key cases. The course will focus on the problems of large multi-party and multi-forum civil cases and how courts and litigants deal with them. Coverage will include the practical steps litigators need to take as well as decision points at the outset of litigation, joinder devices, especially (but not only) class actions; federal multi-district transfer and consolidation; litigation over the appropriate federal or state forum, coordination among counsel in multi-party cases, ethical issues, big-case discovery problems; ad hoc federal-state litigation coordination; judicial case management techniques and issues; and ways of accelerating or terminating potentially or actually protracted cases, including settlement, alternative dispute resolution, representative trials, mini-trials and claims processing facilities.

317

Criminal Justice Ethics 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Scheduled in-class examination
  • Shorter reaction papers
  • Class participation
  • Other
The Criminal Justice Ethics course is centered on the law governing lawyers operating in the criminal justice system. It explores some of the critical issues facing lawyers in the roles of defense counsel, prosecutor, judge, etc., and includes several guest speakers and visits to a prison and courthouse. Case studies and problems are drawn from North Carolina cases, including some of the Duke Wrongful Conviction Clinic's cases of actual innocence.

318

European Union Commercial Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
The course offers an introduction to EU commercial law: consumer contract law, employment contract law and company law.

The first part of the course covers foundations of EU law including in particular the funda-mental freedoms and fundamental rights; legislative instruments and legislative competences of the EU in the area of private law. Conflicts of law-rules are of obvious practical importance in the EU; they also provide the framework for regulatory competition between the national laws of the Member States.

The second part of the course discusses the harmonization of private law in the EU with a focus on contracts. Both primary law and a host of directives prohibit discrimination in private law relations, in particular with regard to employment contracts but also with regard to con-tracts more generally. Secondly, a number of directives provide for consumer rights, namely pre-contractual information, rights of withdrawal and the control of unfair terms. Finally, direc-tives have also harmonized the substantive contract laws of the Member States; we look at the consumer sales directive and the transfer of business directive as examples. The third part of the course is dedicated to specific aspects of regulatory competition in the EU. The EU Commission has recently published a proposal for a Common European Sales Law (CESL) – a supra-national sales regime that would effectively constitute an optional code. In company law, the European Company (Societas Europaea) constitutes an optional company form. Among others, it can be used as an instrument for legal arbitrage in regard of employee involvement rights.

The example of commercial law in this broad sense provides an opportunity to discuss foun-dations of EU law (such as the concept of the internal market, the fundamental freedoms and legislative competences of the Union) as well as issues of regulation in private law in gen-eral. It gives students a basic understanding of the general features of EU law and its interac-tion with the national laws of the Member States and provides insight into central elements of regulatory private law.

The course complements courses in contracts, comparative law, consumer protection, and EU law.

319

Analytical Methods 2
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - required courses
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Take-home examination
  • Practical exercises
  • Class participation

Lawyers face non-legal, analytical issues every day. Business lawyers need to understand a business in order to represent their client properly. Litigators need to judge the best route in adopting a litigation strategy. Family lawyers routinely need to value a business. Environmental lawyers need to understand economic externalities. Social lawyers need familiarity with financial instruments that have positive and negative attributes. In these and many other situations, lawyers tend to learn on the job, and even then the pressures of the moment often means that they learn just enough to move on to the next problem. This course is designed to help all lawyers develop a more systematic way of thinking about their work. Students taking this course will find it foundational in running a business, advising a business, or litigating business matters that go beyond the strict letter of the law. In this sense, this is not your standard doctrinal law school course. Rather, it is designed to give students the tools necessary to interact with the business community and run a company or firm. While there is no prerequisite for this course, students should be comfortable with numbers and graphs. A high school level of mathematics is required and students should be ready to use algebra, fractions, exponents, and the like. There will be no calculus.

The areas of focus include:

  1. Accounting. This section, covering basic accounting, is essential to understanding your clients, evaluating deals, and running a law firm.
  2. Finance. Beginning with the foundations of financial theory, this part of the course will cover key concepts in corporate finance and asset valuation.
  3. Microeconomics. In order to resolve disputes, facilitate commerce, and better cross-examine witnesses in complex litigation, a good understanding of the basics of microeconomics is important. This part of the course will cover these ideas.
  4. Statistical Analysis. Statistics play an important role for lawyers in many ways. They drive many governmental regulations; they help determine damages in cases; they help triers of fact determine the likelihood of an event. In this part of the course, we will examine how lawyers can use statistics in a variety of situations.

The course grade will be made up of class participation, (roughly) weekly problem sets, case analyses, and a final examination.

320

Water Resources Law 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)

This survey course studies the legal and policy issues governing water resource allocation in the United States. Students will be introduced to both the Prior Appropriation systems of the western United States and the Reasonable Use systems dominating the eastern states. We will study the law applied to groundwater use as well as issues of federalism. Examples from disputes around ACF basin and the Colorado River will be contrasted. We will examine the issues from the perspective of different user groups.

 

321

The Law and Policy of Innovation: the Life Sciences 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Intermittent

This course analyzes the legal and policy regimes that shape the introduction of new products, processes, and services in the life science industries. Innovation in biopharmaceuticals, medical devices, health services, and health care delivery is central to the heavily regulated life sciences sector, and thus the sector offers a window into multiple intersections of scientific innovation, regulatory policy, and law.  Innovation in this sector is also shaped by multiple bodies of law (e.g. intellectual property law, FDA law, federal and state-based insurance and professional regulation, antitrust, tax), each with its own private and public constituencies, and therefore offers an opportunity to assess how different bodies of law approach the common issue of innovation.  Although this course focuses on innovation in the life science industries, this focus will produce lessons for innovation policy in other regulated and less-regulated industries. 

322

Copyright Law 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

A comprehensive course on the law of literary and artistic property, with emphasis on mastering the technical intricacies of the 1976 Copyright Act and its many complex recent amendments, including the cyberspace rules introduced by the Digital Millennium Copyright Act. Subject matter treated will include literary characters; musical works; pictorial, graphic, and sculptural works; industrial designs; motion pictures and plays; sound recordings; computer programs and databases. Throughout the course effort is made to clarify the relations between artistic property and industrial property (especially trademarks and unfair competition law) in the United States and at the international level. Students are encouraged to think critically about the unresolved economic and policy issues facing creators and innovators in an Information Age, issues that often reflect a larger, ongoing debate within the framework of the world's intellectual property system, and the course will prepare them for the practice of copyright law at any level.

323

Bankruptcy and Corporate Reorganization 2
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

The course will focus on the process by which a corporate debtor achieves reorganization pursuant to the provisions of Chapter 11 of the Bankruptcy Code. Prior familiarity with bankruptcy principles and debtor-creditor law is not required. These will be incorporated in the course as it unfolds. Some familiarity with business organization is helpful but not necessary.

The subject will be covered primarily from two perspectives: that of supervision of a debtor by the bankruptcy court and that of the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its ability to secure a fresh start through a plan of reorganization.


Topics to be covered include: historical, Constitutional, and policy issues underlying Chapter 11's provisions and goals; overview of basic business structures and transactions bearing on Chapter 11 reorganization; alternatives to avoid Chapter 11; the powers and oversight role of the bankruptcy court and the obligations and governance of a corporate debtor when under the protection of the bankruptcy court; the major phases of a Chapter 11 case from initial filing to consummation of a plan of reorganization (e.g., formulation of a business plan and the plan of reorganization, claims procedures and classification, plan disclosure and voting, plan confirmation, discharge, and consummation); recovery and disposition of assets in Chapter 11, including asset sales, and avoidance remedies; and numerous special topics encountered in Chapter 11 practice.

324

Corporate Restructuring 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Group project
  • Practical exercises
  • Class participation

This 3 credit course is designed to expose law and business students to the methods and theories that underlie corporate restructuring transactions. The course emphasizes the business strategies and valuation techniques that drive corporate transactions, while also illustrating the role of the law in such transactions. The coursework is practical, with each law student working with a group of MBA students to complete case-oriented assignments. Ideally, the law students learn from the business students and vice versa. In most years, student evaluation is based on these collaborative written assignments and class participation, and no final exam is required. (Check with the instructor for assignment details in any given year).

The course begins with an overview of the structure of the large-scale, public corporation, the conflicts of interest that exist between managers and stockholders, and the market forces and regulations designed to resolve such conflicts. Analytical techniques for valuing particular transactions will be discussed. Specific types of transactions will be examined, including, but not limited to mergers, acquisitions, tender offers, LBOs, divestitures, liquidations and reorganizations. In most cases, both financial and legal implications will be explored. Guest speakers help enhance the practical, real world perspective of the class.

Business Associations is required for all law students. Other corporate law courses such as Securities Regulation and Law of Corporate Finance can be helpful but not required. Some prior exposure to the principles of finance is strongly recommended. Please note that this course meets on the Fuqua half-semester schedule, which begins in mid March and ends in late April.

325

Corporate Finance 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Practical exercises
  • Scheduled in-class examination

This course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has blurred. Whether negotiating a merger agreement, acquisition, or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side-by-side. Lawyers without an appreciation of the basics of corporate finance are at a distinct disadvantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages. Even students who do not plan to venture into the corporate world will benefit from this course. The financial principles covered are essential for lawyers intending to do estate or tax planning, litigate divorces, or draft the compensation agreements for business entities of all types.
Topics include: the time value of money; the relation between risk and return; the workings and efficiency of capital markets; behavioral finance; valuing perpetuities and annuities; valuing corporate securities (stock, bonds, and options); valuing businesses as a going concern; optimal capital structure and dividend policies; debt covenants and other lender protections; basic financial accounting; derivatives; and the application of these principles to legal practice.

326

Corporate Taxation 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Class participation
  • Scheduled in-class examination

A study of the provisions of the Internal Revenue code governing the tax effects of the major events that occur in the life span of a corporation, including the taxation of distributions to shareholders and the formation, reorganization, and liquidation of corporations.


No papers are required, but class participation is expected. Students interested in taxation should take this course; it also has application to general corporate practice (mergers and acquisitions).


It is strongly recommended that students take Business Associations before taking Corporate Taxation.


Prerequisite: Federal Income Taxation.

327

Energy Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

The course will examine the legal framework governing energy production and consumption in the United States, and policy approaches for balancing energy needs with other societal goals. The course will include three main modules: (1) electricity sector regulation; (2) energy resources for electricity generation; and (3) oil and gas law. Key themes will include:

(1) The historic origins of public utility regulation;
(2) The major U.S. laws that govern energy production and use;
(3) The distinct roles of the federal and state governments; and
(4) Efforts to manage competing societal interests.

328

International Debt Finance (and Sovereign Debt Crises) 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester

This course uses the lens of international debt finance to provide students with an advanced course in securities law, corporate law, and contract law. In the area of international debt finance, particular attention will be paid to debt issuances by sovereign nations. Given that much of this market is centered in New York and London, the focus of the course will be on U.S. and English law contracts and securities regulatory systems (including stock exchange listing regimes). Particular attention will be paid to how lawyers and their clients (both the sovereigns and the investment bankers) think about how to structure their contracts and what disclosures to make to the public regarding these contracts. Finally, attention will also be paid to the question of how domestic law private law principles can be utilized to solve or at least ameliorate the problem of third world debt (with particular reference to Sub Saharan debt).

Note: Students may enroll in 328W for an opportunity to earn an additional credit.

328W

International Debt Finance Add-on Credit 1
  • JD - general credits
  • Add on credit

Students have the option to complete a mid-semester assignment in Law 328 International Debt Finance for an additional credit. *LAW 328W MUST be added no later than 7th week of class.*

329

Education Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Final research paper (25+ pages in length)
  • In-class exercise
  • Class participation

Education Law: Constitutional, Statutory, and Policy Considerations This seminar introduces students to the legal standards that govern public schools in the United States. Constitutional topics include the right to a public education, the financing of public schools, desegregation and equal opportunity of students, limitations on student speech, school discipline and the right to due process, religion in schools, and privacy rights of students. Statutory topics include federal laws such as the Every Student Succeeds Act, the Individuals with Disabilities Education Act, Title IX, and the Equal Educational Opportunities Act. Policy topics include school reforms, such as charters and vouchers, and the ongoing inequities in US public schools, and the school-to-prison pipeline. A research paper is required; successful completion of the paper will satisfy the upper-level writing requirement. A course pack will be used in lieu of a textbook.

330

Federal Criminal Law 4
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; varies, fall or spring semester
  • Final paper (10+ pages in length)
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

This course examines the role of the federal government in the criminal justice system, focusing on significant federal offenses criminalizing fraud, public corruption, drugs, money laundering, racketeering, and terrorism. We will also consider prosecutorial discretion, plea bargaining, and sentencing in the federal system.  The objective of this course is to master doctrine and to learn how to debate federal criminal law's merits and proper limits.  Public policy, theory, critical thinking, and oral advocacy will be emphasized.

The grade will be based on mock arguments and a paper.

Federal criminal law is recommended either for second- or third-year students. It is especially helpful for students who will have a federal judicial clerkship, and those who anticipate a career in litigation. There are no prerequisites

333

Science Law & Policy 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • International LLM, Intellectual Property Certificate
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Practical exercises
  • Take-home examination
  • Class participation
  • In-class exercise
  • Shorter reaction papers

What are the government policies that support science? How is science regulated and controlled? What can science contribute to law and policy? How do the states, the federal government and international agencies interact to set science policy? How do disparate regulations and law impact research and translation? How is scientific research funded? These questions and more will be explored by looking at the interaction of law, science, and policy. The class is a mix of law, ethics and science students, and learning how to talk to one another in a common language is an important element of the course. Classes will include consideration and analysis of cases studies. There are no prerequisites for the course, and there is no requirement that students have either graduate or upper-level undergraduate training in the sciences. Course evaluation will be based on class participation, student presentation, weekly discussion questions, a short paper, and a final exam.

334

Civil Rights Litigation 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination

This course focuses on section 1983 of the United States Code, a Reconstruction-era statute that enables private parties to sue any other person who "under color" of law deprives them of the "rights, privileges, or immunities secured by the Constitution and laws" of the United States.  Class participants will become familiar with the theoretical, procedural, and practical aspects of civil rights litigation, including constitutional and statutory claims, defenses and immunities, and available remedies, including attorney fees.   Related U.S. Code provisions concerning discrimination in housing, contractual relations, employment, and voting are examined where relevant. Exam-based evaluation.

Instructor: Darrell Miller

Students may not enroll in both Civil Rights Litigation (334) and Fed Courts II – Public Law Litigation (344).

335

Private Equity and Hedge Funds 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination
  • Practical exercises

The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention, particularly since the global financial crisis.  Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality.  This two-credit course introduces private equity and hedge funds from both a financial and legal perspective, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise.  Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform.  Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.

Grading

Grades will be based solely on a closed-book final examination.

336

Mergers & Acquisitions: A Practitioner's Perspective 2
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; common "specialist" issues (environmental, employment, intellectual property); the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting public company transactions; and getting the transaction to closing.

338

Animal Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length), option
  • Final paper (10+ pages in length)
  • Class participation

This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates. It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws.

338O

Animal Law Outplacement 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

This outplacement course will provide students the opportunity to work on legal matters related to animals. Students are required to complete a minimum of 100 hours of outplacement work under the supervision of practicing attorneys over the course of the semester. Placements may be with local attorneys in private practice (handling veterinary malpractice cases, for example), local district attorneys' offices (working on cruelty prosecutions), or national animal advocacy organizations (such as the Humane Society of the United States, the Animal Legal Defense Fund, or People for the Ethical Treatment of Animals). The course instructor will assist in making the placements for the students and will maintain close communication with both the students and the placement supervisors on the amount, type, and quality of the work performed. The outplacement will require legal drafting such as preparation of complaints, examination outlines, and legal memoranda.

Students' grades will be based on the quality of their clinical work assessed by the outplacement supervisor and the course instructor.

339

Law and Literature 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester

This course concentrates on possible relationships between law and literature. The major themes will be depiction of law and lawyers in popular and highbrow fiction; relationship between the interpretation of legal and literary texts; law in utopia and dystopia; crime and punishment; romantic conception of authorship in copyright, interpretation, and social theory. The course involves considerable reading, including works from some of the major academic debates in the ''law and literature movement'' and from cognate debates in legal interpretation.

340

Estate and Gift Taxation 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester

A study of the rules governing federal taxation of gratuitous wealth transfers. Working with both statutes and cases to develop an understanding of the Estate and Gift Taxes, we will consider not only the mechanics of these two taxes (and the intertwined Generation Skipping Tax), but also their basic policies, history, and selected concepts concerning estate planning implications of transfer tax. There is no prerequisite.

341

FDA Law & Policy 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination

Introduction to basic principles of food and drug laws and examination of how significant doctrines of constitutional, administrative, and criminal law have been elaborated and applied in the food and drug context. The United States Food and Drug Administration has a pervasive role in American society: it is often said that the agency regulates products accounting for twenty-five cents of every dollar spent by consumers. Exploration of the complex interplay of legal, ethical, policy, scientific, and political considerations that underlie the FDA's regulatory authority, its policy-making, and its enforcement activity. 3 units.

342

Federal Courts 4
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

343

Federal Courts I: Constitution & Judicial Power 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Take-home examination
This installment focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, and finality), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies).

This installment also focuses on the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the parameters of federal question jurisdiction.

344

Federal Courts II - Public Law Litigation 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination

This installment addresses a broad variety of public law litigation, including private rights of action to enforce federal statutes and constitutional litigation against federal and state governments and their officials. We will give significant attention to both federal and state sovereign immunity, as well as to doctrines of qualified and absolute immunity that protect individual government officers. The course also discusses the roles of state and federal courts in hearing public law litigation, including principles of judicial federalism limiting federal court interference with state judicial proceedings. We conclude with an extensive unit on federal habeas corpus remedies, including both challenges to federal executive detention (including the War on Terror cases) and collateral attack on state criminal convictions.

Federal Courts I (Fall 2015) is not required.

Students may not enroll in both Civil Rights Litigation (334) and Fed Courts II – Public Law Litigation (344).

345

Gender & the Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination
  • Shorter reaction papers
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

This survey course examines topics in law relating to gender through a series of different theoretical perspectives. Topics include employment, the family, domestic violence, school sports, sexual harassment, pornography, prostitution, rape, affirmative action, women in legal practice, pregnancy, and sexual identity. Some film is used in class. Evaluation is by an end-of-term exam and three short "reaction papers."

346

Intellectual Capital and Competitive Strategy 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

In the majority of industries—and especially in R&D intensive industries like computers, semiconductors, software and biotech—competitive advantage relies critically upon a firm's management of the knowledge and know-how underpinning its product and process innovation. This course will consider how firms should manage and protect this intellectual capital. We will examine the management of intellectual capital from the vantage point of different types of firms—from start-ups to large incumbents—operating in different market environments. We will consider how firms should protect their intellectual capital, using not only patents, but lead time advantages, complementary marketing and manufacturing capabilities and secrecy, and extract value from their intellectual capital through commercialization and licensing. We will also consider when firms should share their intellectual capital with other firms—even rivals, and how firms should go about acquiring the intellectual capital of others. Building upon the research literatures of economics, organizational behavior, management, and the law, the course will have particular focus on technology intensive industries such as pharmaceuticals, biotechnology, computers, semiconductors, software and telecommunications.


Strategy 339

347

Health Care Law and Policy 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring semester of even-numbered years
  • Generally spring semester

A survey of the legal environment of the health services industry in a policy perspective, with particular attention to the tensions and trade-offs between quality and cost concerns. Topics for selective study include access to health care; private and public programs for financing and purchasing health services; the economics of health care and health care costs; the role of professionalism versus the new commercialism in health care; the legal and tax treatment of not-for-profit corporations; regulation of commercial practice in professional fields; fraud and abuse in government programs; the application of antitrust law in professional fields; the internal organization and legal liabilities of hospitals; public regulation of institutional providers, including certification of need; personnel licensure; private personnel credentialing and institutional accreditation; liability for medical accidents; legal liabilities associated with the administration of health benefits; and public regulation of managed-care organizations. Study of the diverse legal problems encountered by a single industry, particularly one as important, complex, and intrinsically interesting as health care, may appeal to students generally interested in public policy and in law and economics as well as those with specific interests in the health care field.

351

U.S. Immigration and Nationality Law 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

The goal of this course is to introduce students to U.S. immigration and citizenship law and procedure as well as discuss how immigration law intersects with public policy and state and federal laws in other areas. Using a practical hypothetical-based approach, students will be presented with problems and exercises for which they will need to evaluate federal and state statutes, regulations, agency memoranda, policy, and case law to develop appropriate legal strategies in the immigration context. In addition to discussing the concepts of admission and removal, options for legal status, and naturalization and citizenship; students will have the opportunity to hone skills related to client counseling and ethical representation, administrative law, litigation, and government policy.

Consistent class preparation and participation are essential to acquire an understanding of this topic: students will have assigned readings as background for class discussion and analysis of problems presented. There will be opportunities to prepare written agency or court submissions outside of class, and a comprehensive final in-class exam. The final grade will be based on class participation (25%), written exercises (25%), and the final exam (50%) (percentage break-down subject to change by September 6, 2016).

357

WTO Dispute Resolution 1
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester

This one credit course will explore the development and practices of the of the World Trade Organization's dispute settlement system. The WTO is unique among large international organizations in that it has a formal judicial body with compulsory jurisdiction over all WTO members. This class will examine the creation of this system, rules regarding jurisdiction and standing, and procedures for initial reports and appeals. In addition, the course will discuss compliance proceedings and the WTO's remedy regime. Class time will consist of a mix of lecture, guest speakers, and a simulation of WTO judicial proceedings.

358

Structuring Venture Capital and Private Equity Transactions 3
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester

In the world of venture capital and private equity, there is no difference between a good business person and a good lawyer. They both must know capitalization structure and law, and they both must know tax and accounting.

Many never achieve this mastery, and those who do only get there after many years of practice. This course helps the law and business student drive to the top of their game sooner and more effectively than their peers from other institutions.

The goal is to focus on the formation of deals. We look at the business reasons that parties come together, we look at the business reasons that deals fail to meet expectations, and we look at the business reasons that deals work. This is especially important in private equity and venture capital deals, where exit strategies have to be anticipated from the very outset of a deal.

359

Introduction to Law and Economics 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Take-home examination
Law and economics is one of the most influential schools of thought in modern legal theory. The ideas propounded by the economic analysis of law are gaining increasing traction in court decisions as well as in legal policy. This course explores the methodology of economic analysis in the legal context and discusses several of its provocative insights. This course will examine the major contributions of the economic analysis of law in the classical common law categories of contract, tort and property, as well as in other areas that may not initially appear to be amenable to economic reasoning. The course does not require any background in economics.

Grades: 100% of the grade will be based on the final exam.

360

International Taxation 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination

The course explores both the existing tax rules and the widespread policy concerns under discussion in the US and globally about current international tax law.

361

International Trade Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Environmental Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination

International trade and the World Trade Organization attract a lot of attention and debate. Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians – even ones who purportedly support free markets – often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? In this course, we will examine why the WTO exists, how it developed from the GATT and how it fits in the international economic order (Part I). The course will offer you an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example on trade remedies (subsidies, anti-dumping and safeguards). From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases (Part II). It will conclude by examining U.S. trade law – particularly the widely-used trade remedies laws – and assessing not only the practice of international trade law in the United States, but also whether these laws actually achieve their supposed policy objectives (Part III). Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam.

363

Legislation and Statutory Interpretation 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination
Legislation is one of the most important forms of law in modern American society. Indeed, it has been said that we are living in an 'age of statutes.' Almost every aspect of legal practice involves construction of statutes, whether defining the jurisdiction of the courts or establishing the norms to which society must conform. In this course, we will examine the legal theory and practice of the making and enforcement of statutes. The course will begin with a study of the legislative process, with special attention to theories that seek to understand why some bills succeed where others fail. The next unit of the course will consider statutes as a unique source of law, comparing them to the common law and the Constitution. We will then move to the heart of the course, which will focus on how judges and other legal actors (agencies, enforcers, etc.) interpret statutes. There will be a take-home final for this course.

366

Advanced Issues in Wrongful Convictions 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This course builds on the lectures, training, and work of the basic Wrongful Convictions course. Students will form teams to investigate inmates' claims of actual innocence and begin drafting the relevant legal documents, including, where appropriate, Motions for Appropriate Relief, supporting memoranda, other motions, and letters to district attorneys.

*2-4 credits*

368

Natural Resources Law and Policy 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Final Exam, option
  • Final research paper (25+ pages in length), option

The law of how we use nature - timber, mining, bioversity, fisheries, water rights, and agriculture. Also an introduction to the historical and constitutional geography of American public lands: the national parks, forests, wilderness system, and grazing lands, and disputes over federal versus local control of these. There is special attention to the historical and political origins of our competing ideas of how nature matters and what we should do with it, from economically productive use to outdoor recreation to preserving the natural world for its own sake. Attention also to the complicated interplay of science and law.

369

Patent Law and Policy 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Take-home examination

This course provides a comprehensive introduction to patent law and policy. No technical background is required. The course begins by addressing the history of patents as well as the policy arguments for and against using patents as a mechanism for inducing innovation. Following this introduction, students learn the basics of patent drafting and prosecution, patent claims, and claim construction. The class then addresses in depth the central patentability criteria of subject matter, utility, nonobviousness, and disclosure. Other topics of importance that are covered in the class include: the relationship between patents and other forms of intellectual property protection, particularly trade secrecy and copyright; the intersection of patent and antitrust law; the role of the two major institutions responsible for administering the patent system, the Patent and Trademark Office and the Court of Appeals for the Federal Circuit; and the role of patents in the two major industries of the knowledge-based economy, information technology and biotechnology.

370

Introduction to Legal Theory 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Variable by section

Legal Theory is a 3-credit lecture and discussion class with enrollment capped at 35. The course will be organized around a set of essential questions: Where does law come from? What, if anything, makes it legitimate? What does equality before the law mean? Does law prevent violence, or merely channel it? Does the law create the economy, or does economic life frame and limit the law? What is the right way to interpret a legal text? How should our understanding of law be affected by the fact that we live in a democratic country, a free-market country, a country with a written constitution? We will consider and approach these questions by way of major schools of legal thought, testing the theoretical approaches against our concrete sense of the problems a legal system has to address, and the shapes these problems take today. The class requirements include regular attendance and a take-home final exam. No prior exposure to legal theory, philosophy or political theory is required.

375

International Intellectual Property 3
  • JD - general credits
  • LLM-ICL - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Scheduled in-class examination

This course surveys international intellectual property law as reconfigured by the new universal standards of protection embodied in the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which is a component of the Agreement Establishing the World Trade Organization of 1994. Although some contextual materials on trade policy will be read, the course will not focus on general principles of international trade law. Rather, it will focus on the legal and economic implications of the new international intellectual property standards in the light of prior Conventions, with particular regard to such topics as patents; copyrights and related rights (including software, databases, sound recordings); trademarks; integrated circuit designs; trade secrets; and industrial designs. The new WIPO treaties (Dec. 1996) governing copyright law in cyberspace will also be covered. Other topics will include the interface with antitrust law; the enforcement provisions (i.e., civil and criminal due process); dispute resolution (including all the new WTO decisions on intellectual property); and the overall implications for global competition between developed and developing countries in an integrated world market.


Pre-requisite or co-requisite: Any intellectual property course offered at any law school (e.g., Patents, Copyrights, Trademarks or the introductory intellectual property course. Pre-requisites for LLM students may be waived with the instructor's consent.

376

History of International Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Take-home examination
  • Class participation

To understand any body of law, it is useful to understand its origins and development.  To understand international law – a body of law based largely on custom and “incremental development” – the study of its history is especially crucial.  The History of International Law will trace the development of the “Law of Nations” from its roots in the ancient world forward to the modern day.  The course will focus on the development of the core concepts of international law, including sovereignty, state responsibility, jurisdiction, territoriality, and nationality, and will trace the evolution of practice and thought on the field’s perennial quandaries, including the bases of international obligations and the mechanisms of enforcement.  By gaining a cohesive overview of the field’s historical underpinnings, students will be equipped with a firm grounding and framework for analysis of issues in the diverse areas of international law that they may study or in which they may practice.

379

Partnership Taxation 2
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Take-home examination

The course will cover the tax consequences of organizing, operating, and liquidating entities including related issues taxed as partnerships.

380

Research Methods in International, Foreign and Comparative Law 1
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other

This one-credit seminar in advanced legal research introduces students to specific sources and strategies for international, foreign, and comparative legal research. It covers key primary and secondary sources in both print and electronic formats, including freely available and subscription-based resources. The subjects examined include treaty law, the law of international organizations, European Union law, civil law and other foreign legal systems, as well as selected topics in international private law. The course emphasizes the research process, strategies, and evaluation of print and online sources in a changing information environment. This course is required for students enrolled in the J.D./LL.M. in Comparative and International Law and open to other students (2L and 3L) with the instructor's permission. The class will meet for eight 90-minute sessions. Grades will be based on in-class and take-home exercises, class participation, and a final research project.

384

Securities Regulation 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - required courses
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination

A study of the federal and state securities laws and the industry they govern with emphasis on the regulation of the distribution process and trading in securities; subjects dealt with include the functions of the Securities and Exchange Commission, registration and disclosure requirements and related civil liabilities, "blue-sky" laws, proxy solicitation and reporting requirements, broker-dealer regulation, the self-regulatory functions of the exchanges, and the regulation of investment companies.

388

Social Science Evidence in Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
Social Science evidence has come to play an increasingly important role in civil and criminal litigation at all levels of American courts. It is used, for example, in cases involving constitutional litigation, common law issues, trademark infringement, obscenity, discrimination, identification of criminal offenders, potential jury prejudice, misleading advertising, eyewitness reliability, sexual assault, self-defense, dangerousness, and the fashioning of remedies. The goal of this course is to teach law students to become sophisticated consumers and critics of social science evidence. Additionally, the basic methodological principles can be used to critique other forms of evidence including forensic, medical and epidemiological evidence. Students need not have a social science background.
The course involves a mixture of lectures and active learning. The active learning portion of the class will involve groups of three to four students assigned to a substantive topic involving empirical issues. Near the end of the semester each group will make a presentation to the class.

Method of Evaluation
A. Class participation 10%
B. Group project/ presentation 15%
C. Final Paper 75%
100%

390

Structuring and Regulating Financial Transactions 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination

In this exciting, innovative, and important area of legal practice, companies domestically and worldwide raise money through an array of structures intended to separate “financial” assets—effectively rights to (or expectations of) payment—from the risks associated with the company.  The assets are then dedicated to repayment of capital market securities.  Sometimes referred to as structured finance or securitization, this approach creatively brings together many fundamental legal disciplines, including bankruptcy, securities law, corporation law, secured transactions, finance, and tax.  Using structured finance as an organizing principle, this course teaches the critical aspects of these disciplines that you are likely to encounter in practice.  In addition, the course introduces important commercial financing techniques and concepts, including guarantees, loan agreements, legal opinions, and letters of credit, as well as interest rate and currency swaps and other derivative products.  Furthermore, the course addresses how the capital markets work, including the role of rating agencies, and touches on the cross-border and transnational considerations that are essential to modern business transactions.  It also shows how structured finance principles can be applied broadly, such as to international project-finance transactions and to microfinance.  Finally, the course examines the ethics and efficiencies of “deconstructing” companies in this manner, including the use and possible abuse of special purpose entities and the potential to generate unanticipated consequences, as occurred in the 2007-09 financial crisis.

There is no formal prerequisite.  The class will be challenged to identify problems and find real-life, creative solutions.  A student without any business-law background should still be able to master the course because the relevant legal principles will be learned and applied along the way, in the same manner that a good practitioner learns.  Examination or (with special permission on a first-come, first-served basis) paper.

393

Trademark Law and Unfair Competition 2
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies.


Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

394A

Past and Future of Capitalist Democracy 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

Democracy, equality, capitalism, and progress are framing ideas so fundamental today, yet all four are coming under various kinds of pressure. Does democracy work? What does equality mean? Is capitalism sustainable, ecologically or socially? Is progress real, and, if it is, can it also go backward? This seminar examines this issue through an historical examination of these four ideas. We will focus on competing understandings of the relationship between the political order (today widely assumed to be democratic in some form if it is to be legitimate) and the economic order (today widely assumed to be a version of free-market capitalism). Throughout, we will consider how conceptions of progress and equality provide essential support for versions of these accounts of the relationship between economics and politics. This is a year long course.

394B

Past and Future of Capitalist Democracy 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
Course description to come

398

Juvenile Courts & Delinquency 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination

This course examines legal responses to minors who break the law. It opens with a discussion of the development of the American juvenile court, which can be divided into three periods, beginning with the establishment of the Chicago Juvenile Court in 1899. It considers jurisdictional issues—when does the juvenile court have the authority to act? When and how do adult criminal courts assert jurisdiction over minors?—as well as questions concerning the application of traditional criminal law rules and doctrines, particularly those regarding the mens rea requirement, to offenses by minors. It explores the law that governs investigatory encounters and pretrial procedures as well as pre-adjudication processes (i.e., intake and detention) in the context of juvenile court. It then examines modern juvenile court practice, adjudication, and disposition with a discussion of the role of lawyers for children in delinquency matters.

Taking this courses affords the opportunity to delve deeper by enrolling concurrently in Law 692, Juvenile Courts Practicum.

399

Forensic Psychiatry 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester

This course is designed to provide students with a working knowledge of the major areas of interface between psychiatry and law. Basic concepts of clinical psychiatry and psychopathology will be highlighted throughout the course. The attorney and the psychiatrist roles in the commitment process, right to treatment and right to refuse treatment, competency to stand trial, and criminal responsibility will be explored using a number of methods. Discussion of assigned readings, short lectures, interviews and observation of patients involved in legal proceedings, films, guest speakers, and field trips will form the basis of the course. The students will periodically be asked to use the information from the course together with independent and group research to complete short projects and class exercises.

400

Health Justice Clinic
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Journal
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This clinic was previously named the AIDS/HIV and Cancer Clinic. This course is an in-house legal clinic in which students provide legal representation for persons with HIV/AIDS, cancer, and other serious health conditions. Under the close supervision of clinical instructors, students represent clients in cases that are related to the client's health condition, including: estate planning (wills, living wills, health care powers of attorney, powers of attorney); government benefits (Medicaid, Medicare, Social Security Disability); permanency planning for children; health and disability insurance; guardianship; health-related discrimination in employment, housing and public accommodations; health information privacy; and other civil cases related to health. Students are certified under North Carolina's Student Practice Rules.

Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, and health disparities and stigma. Students also meet individually with clinic instructors each week. Each student carries an individual case load and is required to meet a minimum hours requirement. The course is offered for 4, 5, or 6 credits, with hour requirements of 100, 125, and 150 respectively.

AIDS and the Law is recommended, but not required for enrollment in the clinic. This clinic is offered each semester. Students must be at least in their second semester, second year to take this clinic, because of the requirements of the Student Practice Rules.

Clinics Enrollment Policy

Important:

  • This course may not be dropped after the first class meeting.
  • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
  • Course website
  • ** Variable Credits 4-6 **

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Health Justice Clinic. The following ethics classes meet the requirement: Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

401

Advanced Health Justice Clinic 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Live-client representation and case management

Available to students who wish to participate for a second semester in the Health Justice Clinic. Students enrolled in advanced clinical studies are required to participate fully in the case work portion of the clinic, performing 50 or 100 hours of client representation work, depending on number of credits selected (50 hours = 1 credit; 100 hours = 2 credits), but will not be required to attend the class sessions. Consent of Director of Clinic required.

402

HIV / AIDS Policy Clinic 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Group project
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Class participation

Students in this clinic will focus on policy work rather than direct client representation. Students will work on policy initiatives aimed at increasing access to quality, comprehensive health care for low-income individuals living with chronic illnesses like HIV/AIDS. The policy work will focus on barriers to access to care and prevention, including implementation of health care reform in North Carolina, funding disparities throughout the Southern US, HIV-related stigma, criminalization of HIV, and access to HIV medications.. Students will work to inform policy recommendations and advocacy strategies at the national, regional, state and county levels in executive, legislative and regulatory arenas. Over the course of a semester, students can expect to accumulate a wealth of hands-on experience in current and emerging health policy issues on the state and federal level. Students will conduct legal and fact-based research to inform policy recommendations, produce in-depth reports, comment letters, presentations to policy makers, and draft legislation or regulatory guidance. Each student will focus on particular policy project(s) and will be required to spend a minimum of 100 hours on their clinic project(s). We will have regular group meetings with students and clinic faculty throughout the semester.

Clinics Enrollment Policy

IMPORTANT:
Instructor permission is required for enrollment in the AIDS Policy Clinic. This course may not be dropped after the first class meeting.

Instructor Permission Required for Enrollment
To enroll in the Clinic, you must have successfully completed at least two semesters of Law School and have instructor permission. It is helpful to have had experience working on HIV/AIDS or other health health policy or related issues, or to have taken AIDS and the Law and/or the AIDS Legal Assistance Project.

404

Advanced HIV/AIDS Policy Clinic
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Group project
  • Class participation

This clinic provides an opportunity for students who want to do advanced work after completing the HIV/AIDS Policy Clinic. Variable Credit.

405

Appellate Practice 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester

This course introduces students to the practice of appellate advocacy and the appellate process. Students learn about the rules of appellate procedure and strategies for effective appellate advocacy while refining their legal writing and oral advocacy skills. The central project entails researching and writing an appellate brief (for appellants, an opening and a reply brief) and presenting an oral argument. The entire class will be assigned the same case. Half the class will be assigned to represent the appellant and the other half will be assigned to represent the appellee. Each student will be paired against a student from the opposing side for purposes of briefing and oral argument, so that each student can file a responsive brief and deliver a responsive oral argument. The briefs are reviewed and scored by federal appellate judges from the U.S. Court of Appeals, who then preside over and score the oral arguments (each student's brief and argument will be presented to one judge; at the conclusion of each oral argument, each student who participated in that argument will meet one-on-one with the reviewing judge).

Appellate Practice is strongly recommended for those students who plan to participate in the Dean's Cup moot court competition. The problem assigned in the course will be the same one used in the competition. Appellate Practice is strongly recommended for those students who plan to participate in the Dean's Cup moot court competition, as the problem assigned in the course will be the same one used in the competition. But Appellate Practice is not a prerequisite for participating in the competition. Students who cannot take the course are eligible for the Dean's Cup and are encouraged to participate.

407

Appellate Litigation Clinic (Fall) 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Year-Long
  • Group project
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Class participation

Students working in teams will, under the close supervision of the clinic director, handle appeals. Enrollment is limited to third-year students. Each team is assigned to an appeal. Past appeals for this clinic have all been in federal appellate courts (Fourth Circuit, D.C. Circuit, and Third Circuit), but the venue might vary. Work will include reviewing the trial court record to identify appealable issues, legal research, drafting appellate briefs, preparing the excerpts of record for the court of appeals, preparing for oral argument if argument is scheduled, and arguing the case (only one student on a team can argue any appeal, with client and court permission). In addition, faculty will meet with the students in a seminar setting early in the year to discuss appellate advocacy and the procedural and substantive law necessary to handle the appeals. Enrollment is limited to eight students (unless case load permits larger enrollment, which won't be known until the fall semester commences). In the past, three to four students typically have been assigned to each case.

Because of the time necessary to handle an appeal from briefing through argument, this is a year-long seminar offering 3 credits in the fall and 2 credits in the spring, and you must be enrolled in both semesters to get credit. Students must be in at least their fourth semester of law school to enroll in the clinic. It is strongly recommended that students enrolling in this course have completed the school's appellate practice course. It is also recommended that students enrolling in this course have completed or have enrolled in the federal courts course.

For a practitioner, the appellate process focuses largely on researching and writing; thus most of the work in this clinic will entail researching and writing. Because of tight court-imposed deadlines and the demands of appellate practice, this course requires students to be exceedingly flexible with their schedules and to dedicate significant amounts of time in the briefing process and in preparing for oral argument. The briefing schedules overlap with fall break and winter break. Oral argument preparation often overlaps with spring break. Clinic students represent real clients and operate under court-imposed deadlines; consequently, if scheduling conflicts arise, work on clinic cases must take priority over extracurricular activities (such as moot court).

Like students in all other Duke clinics, appellate clinic students must attend the ethics portion of the all-day clinic intensive held in early September.

Students seeking to enroll in the appellate clinic are strongly encouraged to contact Prof. Andrussier before enrolling.

408

Appellate Litigation Clinic (Spring) 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Year-Long
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Group project
  • Class participation

Students working in teams will, under the close supervision of the clinic director, handle appeals. Enrollment is limited to third-year students. Each team is assigned to an appeal. Past appeals for this clinic have all been in federal appellate courts (Fourth Circuit, D.C. Circuit, and Third Circuit), but the venue might vary. Work will include reviewing the trial court record to identify appealable issues, legal research, drafting appellate briefs, preparing the excerpts of record for the court of appeals, preparing for oral argument if argument is scheduled, and arguing the case (only one student on a team can argue any appeal, with client and court permission). In addition, faculty will meet with the students in a seminar setting early in the year to discuss appellate advocacy and the procedural and substantive law necessary to handle the appeals. Enrollment is limited to eight students (unless case load permits larger enrollment, which won't be known until the fall semester commences). In the past, three to four students typically have been assigned to each case.

Because of the time necessary to handle an appeal from briefing through argument, this is a year-long seminar offering 3 credits in the fall and 2 credits in the spring, and you must be enrolled in both semesters to get credit. Students must be in at least their fourth semester of law school to enroll in the clinic. It is strongly recommended that students enrolling in this course have completed the school's appellate practice course. It is also recommended that students enrolling in this course have completed or have enrolled in the federal courts course.

For a practitioner, the appellate process focuses largely on researching and writing; thus most of the work in this clinic will entail researching and writing. Because of tight court-imposed deadlines and the demands of appellate practice, this course requires students to be exceedingly flexible with their schedules and to dedicate significant amounts of time in the briefing process and in preparing for oral argument. The briefing schedules overlap with fall break and winter break. Oral argument preparation often overlaps with spring break. Clinic students represent real clients and operate under court-imposed deadlines; consequently, if scheduling conflicts arise, work on clinic cases must take priority over extracurricular activities (such as moot court).

Like students in all other Duke clinics, appellate clinic students must attend the ethics portion of the all-day clinic intensive held in early September.

Students seeking to enroll in the appellate clinic are strongly encouraged to contact Prof. Andrussier before enrolling.

409

Entrepreneurship Immersion 4
  • JD-LLM-LE - general credits
  • Summer

Entrepreneurship Immersion provides students with concentrated exposure to the legal, business and regulatory aspects of early-stage company formation. In partnership with Duke in Silicon Valley, the class takes place in the summer before 2L year for all JD/LLMLE students. The practical application of entrepreneurial skills is paired with classroom instruction each day in the range of business and legal issues likely to be encountered by practitioners. The course addresses the major areas each start-up must consider, from the various perspectives of company founders, investors, customers, and lawyers who represent each constituency.

416

Children's Law Clinic
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • In-class exercise
  • Practical exercises
  • Live-client representation and case management
  • Class participation

Students in this course participate in a legal clinic focused on the representation of low income children and their parents. While the majority of cases will focus on school-related matters, students may also participate in cases involving other issues relating to the health and well-being of children, such as government benefits and limited family law. Students will have an individual case load and will be closely supervised by clinic faculty. Various case assignments can involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. Students must attend a two-hour seminar once per week, with associated preparation. Students work on clinic cases approximately 10-12 hours a week, for a minimum of 125 hours of legal work during the semester for 5 credits and 100 hours for 4 credits. There is no paper and no exam. Students must be in at least their fourth semester of law school to enroll in the clinic due to state student practice rules. Education Law is recommended, but not required. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic. (see Clinics Enrollment Policy).

Important:

  • This course may not be dropped after the first class meeting.
  • *Variable Credit: 4-5 credits upon student selection*
  • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

  • Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Children's Law Clinic. The following ethics classes meet the requirement: Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

417

Advanced Children's Law Clinic 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Live-client representation and case management
  • Practical exercises

This three-credit course is available to students who have participated in one semester in the Children's Law Clinic, and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing a minimum of 125 hours of client representation work, but will not be required to attend the class sessions.

420

Trial Practice 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester

This is the basic trial skills course covering Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. In sections of 12 students per section, students prepare and perform the various skills using simulated problems and case files. After each performance, students receive constructive comments from faculty members who are also experienced trial lawyers. Students also get videotapes of their performances. The course ends with a full jury trial of a civil or criminal case with teams of two students on each side. At the end of the trial, the jury deliberates and students are able to watch the jury as it deliberates.

In the Fall, the class, which focuses on criminal trials, lasts the full semester. Three sections focusing on civil trials and one section focusing on criminal trials Law 422 are offered in the Spring.

421

Pre-Trial Litigation 2
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Practical exercises
  • In-class exercise
  • Class participation

This course focuses on the path litigators must navigate prior to trial. It is becoming increasingly rare for cases to be decided by a jury; lawyers must learn to win in the pretrial process. We will explore the key components of the pretrial process, beginning with the filing of a law suit. This course provides an opportunity for students to synthesize their knowledge in procedure, evidence and advocacy. Topics include:

  • Drafting pleadings
  • Taking and defending depositions
  • Creating and responding to discovery
  • Planning strategy and motions

The course grade is based on classroom participation, performance and written work. There is not a final exam.

422

Criminal Trial Practice 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Generally fall semester
  • Yearly; generally fall semester

This basic trial skills course covers Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. Students will prepare and perform these skills using simulated problems and case files. Students receive constructive comments from faculty who are experienced trial lawyers. The course ends with a full jury trial with teams of two students on each side. At the end of the trial, the jury deliberates while students observe. This class is appropriate for students with an interest in trial practice, with a specific focus on trial skills in the context of criminal litigation.

In the Fall, this class lasts all semester. In the Spring, this course follows the schedule for the three sections that cover both civil and criminal trials. See Law 420.

427

Community Enterprise Law Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

Operating like a small private law firm, this clinic will provide students interested generally in business law practice and/or in specializing in affordable housing and community development law with practical skills training in many of the core skills required in any transactional legal practice, including interviewing, counseling, drafting and negotiation. Under the supervision of the clinical faculty, students will represent low-income entrepreneurs, as well as a wide variety of nonprofit organizations engaged in community development activities. In their cases, students will have the opportunity to work on a wide variety of legal matters for their clients. These may include entity formation (both for-profit and nonprofit); obtaining tax-exempt status for nonprofit clients and providing ongoing tax compliance counseling; negotiating and drafting contracts; and representing clients in community development transactions. All enrolled students will be required to provide a minimum of 100 hours of legal work per semester and to participate in weekly group training meetings. Students must be in at least their fourth semester of law school to enroll in the clinic.

Clinics Enrollment Policy

Important:

  • This course may not be dropped after the first class meeting.
  • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Community Enterprise Clinic. The following ethics classes meet the requirement: Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

428

Advanced Community Enterprise Clinic 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation
This two-credit course is available to students who have participated in one semester in the community enterprise clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing 100-120 hours of client representation work, but will not be required to attend the class sessions.

429

Civil Justice Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This clinic will develop and hone civil litigation skills in the context of working on actual cases in association with the Durham and Raleigh offices of Legal Aid of North Carolina and with the North Carolina Office of Administrative Hearings. Cases will focus on vindicating the rights of impoverished individuals or groups who cannot otherwise adequately find justice in the civil courts. Students will be directly supervised by Legal Aid attorneys and/or the Clinic Director. Cases may include prosecuting unsafe housing claims, defense of eviction claims, prosecuting unfair trade practice claims, administrative hearing appeals for the revocation of licenses/certifications, and a variety of other matters. Initial classroom training in the various stages of civil litigation will be conducted by the Clinic Director, followed by weekly individual or group training sessions. Skill development will include interviewing clients/witnesses, review of relevant documents/discovery, assessment of cases, drafting of pleadings, drafting of discovery, taking of depositions, recognition of ethics issues, and actual court or agency appearances. All enrolled students will be required to provide a minimum of 100 hours of client legal work per semester as well as to participate in the weekly class and training sessions. Students must be in at least their fourth semester of law school to enroll in the clinic. Courses in Evidence and/or Trial Practice are recommended but not required as prerequisites or corequisites.


Important:

  • This course may not be dropped after the first class meeting.
  • Students must be able to attend the day-long clinic intensive training session to enroll in this course.
  • International LLM students who wish to enroll in the clinic must seek the permission of the Clinic Director prior to the enrollment period.
  • An Advanced Civil Justice Clinic can be available for a second semester, with the permission of the Clinic Director.

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Civil Justice  Clinic. The following ethics classes meet the requirement: Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

431

Advanced Civil Justice Clinic
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This course builds on the lectures, training, and work of the basic Civil Justice Clinic.

Variable Units: 1-2 credits

437

International Human Rights Clinic 5
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Group project
  • Class participation

The International Human Rights Clinic provides students with an opportunity to critically engage with human rights issues, strategies, tactics, institutions, and law in both domestic and international settings. Through the weekly seminar and fieldwork, students will develop practical tools for human rights advocacy—such as fact-finding, litigation, indicators, reporting, and messaging—that integrate inter-disciplinary methods and maximize the use of new technologies. Students will also develop core competencies related to managing trauma in human rights work, as well as the ethical and accountability challenges in human rights lawyering. Types of clinic projects include those that: apply a human rights framework to domestic issues; involve human rights advocacy abroad; engage with international institutions to advance human rights; and/or address human rights in U.S. foreign policy. Students work closely with local organizations, international NGOs, and U.N. human rights experts and bodies. Some travel will likely be involved. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects approximately 10-12 hours a week, for a minimum of 125 hours of clinical work during the semester.  This course may not be dropped after the first class meeting.

438

Advanced Human Rights Clinic
  • Intermittent

441

Start-Up Ventures Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

The Start-Up Ventures Clinic represents early-stage businesses and social ventures on a variety of matters related to the start-up process, including formation, founder equity and vesting, shareholder agreements, intellectual property protection and licensing agreements, commercialization strategies, and other issues that new enterprises face in their start-up phases. 

The course incorporates client representation with a seminar and individualized supervision to provide students with a range of opportunities to put legal theory into practice and to develop core legal skills such as interviewing, client counseling, negotiation, and drafting. Students in this course will, among other things, have the chance to deepen their substantive legal knowledge in entrepreneurial law and business law more generally while at the same time developing critical professional skills through the direct representation of start-up businesses.

IP Focus: Some enrolled students will have the option of focusing on matters that involve significant intellectual property issues.

Important:

    • In order to be eligible to enroll in the Clinic, you must have successfully completed at least three semesters of Law School and meet the Ethics Requirement. See Clinics Enrollment Policy
    • This course may not be dropped after the first class meeting.
    • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
    • International LLM students who wish to enroll in a clinic must seek the permission of the instructor prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
  • Business Associations and Advising the Entrepreneurial Client are recommended but not required.

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Start-Up Ventures Clinic. The following ethics classes meet the requirement:  Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239),  Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

441A

Advanced Start-Up Ventures Clinic
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

The Advanced Start-Up Ventures Clinic will represent a range of early-stage ventures on a variety of matters related to the start-up process.

443

Environmental Law and Policy Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

Under the supervision of the clinical faculty, students will work on current case and policy advocacy priorities as determined by the Clinic's Intake Board. Cases and issues undertaken by the Clinic may include the following subject areas: water quality, air quality, natural resources conservation, endangered species, agriculture, sustainable development, public trust resources and environmental justice. Practical skills training will emphasize skills needed to counsel clients, examine witnesses and to advocate effectively in rulemaking and litigation settings. Generally, students may only enroll in the clinic for 1 semester, but may enroll for 2 semesters with the permission of the instructor if space permits. All enrolled students will be required to provide a minimum of 100 hours of work per semester to the clinic. In addition, students must participate in weekly group training meetings as well. The clinic office is located in the law school building. Law students must be in at least their fourth semester of law school to enroll in the clinic. Nicholas School students must be in at least their second semester.

Clinics Enrollment Policy

Important:

  • This course may not be dropped after the first class meeting.
  • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Environmental Law and Policy Clinic. The following ethics classes meet the requirement: Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

443A

Advanced Environmental Law and Policy
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This variable-credit course is available to students who have participated in one semester in the Environmental Law and Policy Clinic, and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing at least 100 hours of client representation work (or more, depending on credit hours), but will not be required to attend the class sessions.

448

Guantanamo Defense Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Oral presentation
  • Practical exercises
  • Final research paper (25+ pages in length)
  • Class participation

Students in the Guantánamo Defense Clinic will assist in the defense of Khalid Shaikh Mohammad, the named defendant in the "9/11 case" before the military commissions at Guantanamo Bay. Clinic students will work with clinic professors and defense counsel to analyze legal issues posed by the case, construct case theories and strategies, and prepare court filings and arguments.


"Standdown"—a two-day intensive training seminar—will be held over a weekend at the beginning of the semester.  Students should check the Academic Calendar to confirm the Standdown dates.


The class will meet, thereafter, during its weekly class period (Thursdays, 10:30am-12:20pm), with additional team meetings scheduled as required.


The course requires a minimum of 100 hours of work, apart from the scheduled training seminar and class meetings.


Clinic Contact Information:
Phone: 919.613.7049
Fax: 919.613.7231

448B

Advanced Guantanamo Defense Clinic 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final research paper (25+ pages in length)
  • Oral presentation
  • Practical exercises
  • Class participation
Course requirements: Each student will perform a minimum of 50 hours of clinic work.

Prerequisite: Guantanamo Defense Clinic.

460

Negotiation 3
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Journal
  • Practical exercises
  • In-class exercise
  • Class participation

This seminar is intended to explore the processes of negotiation and settlement in legal and other contexts. Negotiation is defined as the process by which two (or more) parties attempt to reach a mutually agreed upon decision regarding the social ordering of relationships or the resolution of a dispute. Thus, agreement on a contract between two or more parties entails negotiation. Most civil and criminal litigation is settled by negotiation rather than decided at trial. Today, in many states, mandatory mediation–negotiation facilitated by a neutral party–is required before a case can be scheduled for trial. Other forms of alternative dispute resolution such as arbitration or summary jury trials are usually preceded by negotiation. The seminar will focus on the nature of interpersonal and intergroup conflict and strategies and tactics of negotiation. It will also focus on the unique aspects of an attorney representing a client in negotiation, including the ethical duties of a lawyer in this context.  The goal of the seminar is to provide students with the opportunity to analyze the social process of conflict resolution in different legal contexts and to gain insight into their own negotiation styles. One class will introduce mediation advocacy techniques to help prepare students to negotiate when a mediator is involved in dispute resolution.

The seminar makes use of role-play simulation materials and assigned readings. The seminar requires consistent and active class participation, weekly journals or guided questionnaires, and a final paper. Because of the nature of the course, the amount of information delivered during the first class period, the importance of participating in the first role-play simulation during the first class period, and the historically long waitlists for enrollment in the course, attendance at the first class is absolutely required. A student who fails to attend the first class without prior consent of the instructor will forfeit his or her place in the class. (Working for an additional week in the summer will not be an acceptable excuse for missing the first week of class.  Neither will a call-back interview.) Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enter the class before the second class occurs.  Thus, students may drop this course without permission only before the second class meeting.

Because of the similarities between this course and the negotiation course taught at the Fuqua School of Business, a law student may not receive law school credit for both courses.

461

Health Policy Practicum 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring semester of odd-numbered years
  • Generally spring semester
In this policy practicum, students will identify specific health policy reforms and will engage in research and advocacy designed to advance those reforms. Specific focus will be on reforms that reduce the costs of healthcare delivery, expand consumer choice, and enhance provider competition.

Grade Basis: Graded

465

Patent Claim Drafting and Foundations of Patent Strategy 1
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Generally spring semester
  • Yearly; generally spring semester

Scope of patent protection is controlled by definitions of the invention known as patent claims. The role of intellectual property protection in the economy has caused attention to be given to the precision of claim drafting. Focus on skills used in patent claim writing across a variety of technical fields and developed through exercises, problems, and competitions. Discussions of client counseling and patent application drafting in conjunction with the skill-oriented sessions provide a background in the practical issues that control the approaches taken to claim writing, as well as a basis for discussion during particular problems. This course is especially useful for students interested in patent preparation, prosecution, and litigation, or corporate law involving intellectual property transaction.



Students are required to attend the first class in order to remain enrolled in it.

470

Poverty Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Take-home examination

This course provides an introduction to the relationship between law and poverty, including the relevance of legal doctrine, policy and practice to the significant inequality in income, assets and basic social goods impacting tens of millions of people in the United States.

We will begin by considering historical and contemporary trends in domestic poverty, U.S. social welfare policy, the legal framework under which poverty-related claims have been adjudicated, and the role of lawyers in combatting poverty.

Grounded in poverty data, policy arguments, legal doctrine and practice, we will explore modern government anti-poverty programs and issues such as welfare, work, housing, health, education and criminalization.

We will conclude by considering non-governmental approaches to combating poverty, including market-based solutions and international human rights, with an emphasis on the role of law, lawyers and legal institutions in such efforts.

Drawing on the rich expertise of those in Durham and beyond, we will occasionally be joined by guest speakers. The primary textbook for the course is Poverty Law, Policy and Practice (Aspen/Wolters Kluwer, 2014).

471

Amicus Lab 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester

The purpose of the Amicus Lab is to teach students about the use of emerging science and technology in the courts and regulatory agencies through the drafting and submission of amicus briefs and comments to rule-makings. The amicus briefs will be submitted to the federal courts of appeals and the US Supreme Court, as well as state appellate courts, as appropriate; the comments will be submitted in federal notice-and-comment rulemakings. The briefs will be unaligned with any party and both the briefs and comments are intended to provide the courts and regulatory agencies with unbiased, current, accurate and coherent information on the science underlying the pending decision or proposed rule. The course is cross-listed in the Graduate School. PhD students in the sciences and MA students in bioethics or other relevant disciplines will be encouraged to enroll. The course will begin with a brief overview of appellate court practice and the role of amicus briefs in the process; notice-and-comment rulemaking; how to translate scientific information into the language of the courts and agencies; and the standards for consideration of expert scientific information in the court process. The ethical issues presented in each phase of this process will be an important component of the class content. The students will then, in conjunction with Science & Society’s Science Policy Tracking Program (“SciPol”), prepare a series of briefs on recently proposed rules and court decisions, which will analyze the purpose of the rule or the decision of the court, and the science underlying the rule or decision. The students will be divided into interdisciplinary teams and, with the assistance of the faculty, will select a pending rulemaking or appellate court case and draft a comment or amicus brief to be submitted in the proceeding. A science background is recommended, but not required.

 

473

Scholarly Writing Workshop 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Final research paper (25+ pages in length)
  • Class participation
  • Other

In a workshop led by a faculty member, students will produce an original analytic paper of substantial length (ordinarily at least 30 pages). Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. Papers produced in the workshop are expected to satisfy the JD or LLM upper-level writing requirements.

In the workshop, participants will learn about the conventional features of academic legal writing, conduct research into and hone their topics, write and give each other feedback on first and second drafts, and complete a final draft of their paper. The faculty member leading the workshop will also provide feedback and will, as appropriate to each participant's paper topic, facilitate introductions to other faculty who may be of assistance.

Students may opt to complete the workshop on a credit/no credit or graded basis. As a result, in appropriate cases, the course will be exempt from the mandatory median requirement of Rule 3-1. Nevertheless, the expectation is that work produced in the workshop will be very strong.

475A

Law & Policy Lab: Wealth & Inequality 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester

Substantial economic inequality is one of the most critical features of our present day political economy,* and Law & Policy Lab: Wealth & Inequality is organized around this issue.

The fall-semester Lab** is a one-credit, fast-track course meeting for the last 7 weeks of the semester. The first class will provide a basic overview of the issue of economic inequality. Subsequent classes will include guest speakers and will focus on specific topics exploring (1) the structural nature of economic inequality and (2) the specific ways in which legal and policy choices contribute to either the construction or deconstruction of structural inequality. Such specific topics may include:

  • The relationship of tax policy to wealth distribution
  • The role of the criminal justice system in inequality
  • The impacts of labor, employment and immigration law and policy on the ability to earn a "living wage"
  • The role of law and policy at the local government level on structural inequality (e.g., land-use law, systems of educational finance, the use of ticketing and fines to support local government budgets, etc.)
  • The effect of the health care system on economic opportunity
  • Alternative approaches to addressing poverty that focus on asset development and wealth accumulation
  • The racial dynamics of inequality
  •  

SPECIAL NOTES FOR STUDENTS:
*Please note that this is an issue-based course. That is, the Lab (1) takes for granted that economic inequality is an issue that needs to be addressed and (2) considers how this single issue is affected by multifarious regimes of law and policy rather than focusing on one regime of law itself.
**Please also note that only those students who take the Fall Lab will be eligible for the Spring Lab, a two-credit, fast-track class that will allow students the opportunity to develop specific legal and/or policy proposals designed to address the identified issues and to meet the upper-level writing requirement

475B

Wealth and Poverty Lab 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester

This spring-semester Lab is open only to students who (1) were enrolled in the fall-semester Lab and (2) have the permission of the instructors prior to spring registration. The Lab will provide students the opportunity to develop and enact specific legal and/or policy proposals to address issues highlighted in the fall-semester Lab. This Lab is a 2-credit, fast-track course will meet for the first 8 weeks of the spring semester, though work on policy proposals will likely last throughout the semester.  Students should expect to develop proposals in accordance with several interim deadlines and to meet with faculty frequently to review their progress. It is expected that students may elect for their projects to satisfy the law school’s upper-level writing requirement.

493

Wrongful Convictions Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation

The Wrongful Convictions Clinic investigates North Carolina prisoners' claims of actual innocence and wrongful conviction. Students typically work in teams of two on one inmate's case. Among other things, the teams meet with the client (in prison), read and digest trial transcripts, interview witnesses, consult with experts, prepare investigative and legal strategies, and, if the case is ready, prepare the comprehensive Motion for Appropriate Relief to have the client's conviction overturned. The seminar component of the Clinic examines the principal problems that lead to the conviction of the innocent and the leading proposals for reform, including mistaken eyewitness identification, false confessions, faulty forensic evidence, the role of forensic DNA testing, post-conviction remedies for innocence claims, the use of "jailhouse snitches" and other cooperating witnesses, incompetent defense counsel, and police and prosecutorial misconduct. The seminar also includes skills-training sessions, during which students gain training in negotiation, interviewing, writing, and more. During the semester, students are required to perform a minimum of 100 hours of client work (in addition to weekly seminar preparation and attendance). Students must also attend the Clinic Intensive Training Day scheduled early in the semester, which is conducted collectively with the other Duke Law Clinics.

500

Arbitration: Law and Practice 3
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Oral presentation
  • Class participation

This course will examine the substantive law of arbitration during the first half of the term using the textbook Arbitration: Cases and Materials by Huber & Weston (3rd Edition, 2011, LexisNexis) and focus thereafter on the development of practical skills for conducting an arbitration presentation. The class will be limited to a maximum of 18 students.   Grading will be based upon class participation, the submission of a written arbitration brief, and the oral presentation of arbitration arguments/evidence.

It is anticipated that students will be offered a choice among three or four arbitration problems from which they will pick one problem for briefing and oral presentation. Some problems are susceptible to being handled by teams for plaintiff and defense, while others can be handled individually. The problems may deal with such diverse claims as construction, medical malpractice, and employment discrimination, among others. At least one problem available for selection will address international commercial arbitration issues, taken from the current problem being used for the Willem Vis Arbitration Moot, which is an international law school competition

501

International Civil Litigation 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Scheduled in-class examination

This course analyzes civil suits that raise cross-border, international and foreign legal issues. Specific topics covered include transnational jurisdiction, forum selection, international choice of law, extraterritorial application of U.S. law, service of process and discovery of evidence abroad, the special treatment of foreign governments as parties, and the recognition and enforcement of foreign judgments. The course focuses on how these topics are litigated in U.S. courts, but it also compares how similar issues are addressed in the European Union and Latin America.

506

Fraud Investigation 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination
In recent years new statutory and common law fraud actions have filled the courts and the news. Corporate fraud constitutes an increasing concern and target for litigation and enforcement actions. New definitions, procedures and enforcement mechanisms have changed the face of fraud investigation and prosecution. This Course will cover traditional areas of fraud investigation and prosecution along with emerging statutory and common law fraud issues. It will consider both academic and practical aspects on the definition, identification, and redress of fraud and fraud-related issues, including federal bank, bankruptcy, tax and securities fraud provisions, Sarbanes-Oxley issues, FDIC fraud regulations and enforcement, wire fraud, mail fraud, false federal claims, and other statutory fraud provisions. It will also cover practical issues of cooperation with government inquiry and their limits, privilege and work product and their waiver.

508

Chinese Law and Society 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

This course will survey law and legal practice in the People's Republic of China. Particular attention is given to the interaction of legal institutions with social change, politics, and economic development. Specific topics include, among others, the Party State, state capitalism, the judiciary, property law and development, criminal law and procedure, media (especially the internet), business and investment law, labor law, and major schools of Chinese legal and political thought. Some class discussions will involve interaction with students or faculty from the PRC. Prior familiarity with Chinese history or politics is unnecessary. All course materials will be in English.


Course requirements include regular participation in class discussion, one or two reading reports, and a final research paper. This paper will satisfy the LLM writing requirement, and, with permission, can be used for the JD writing requirement as well.

510

Legal Interviewing & Counseling 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester

This course will provide students a framework for effective client interviewing and counseling, skills which are foundational to successful lawyering. Legal Interviewing and Counseling will help students learn to plan effective interviewing and counseling sessions, to identify and solve problems collaboratively with clients, and to further develop their abilities to effectively communicate difficult legal and factual information. This course seeks to further understanding of a broad range of communication skills, to facilitate client decision making and implementation of solutions, to manage the professional relationship, and to navigate common ethical issues that arise in the context of legal interviewing and counseling. Structured in-class simulation exercises will allow students to develop and practice these skills in real-world contexts . While each of these skills will be developed over the entirety of any lawyer's career, Legal Interviewing & Counseling aims to help students to jumpstart this development and to gain additional tools needed to ensure effective client relationships when they enter practice. Students will be evaluated on their participation in structured, in-class simulation exercises and discussions; video-taped skills exercises done outsides of class; guided self-assessments; guided reviews of other students' simulation exercises; and a final capstone simulation interview and counseling projects. Students will be required to attend class regularly and to participate consistently in all exercises. Students will be assessed on a C/NC basis.

511

International Criminal Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Take-home examination

"An international crime," wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law.  Such a branch of international law does not exist."  This course will begin by probing the concept of international criminal law.  What does it mean to say that certain conduct constitutes an "international crime"?

What are the objectives of such a legal regime?  We will then examine the law of genocide, war crimes, crimes against humanity, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

512

Medicine and Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
This 2-credit seminar considers the application of law to medicine and the tensions that arise as a result, both in practice and as these tensions implicate differences between medical ethics and legal norms. The topics covered will include the history and modern status of medical ethics rules and the institutions that govern and operationalize them; medical privacy in the HIPAA context; clinical research and the consent process; the (medical malpractice) standard of care and medical errors; scarce resources including medicines and organs; infectious disease (e.g., Ebola) protocols; living wills and medical powers of attorney; the concept of medical "futility"; and choosing and defining death.

Grades will be based on class preparedness and participation including one-page reflection papers due before most class sessions, and a final research paper. In total, students will turn in ten reflection papers, i.e., one for each of ten of the thirteen class sessions. Final papers for those not taking the class for writing credit must be 20-25 pages in length. Final papers for those taking the class for writing credit must be between 25 and 30 pages in length and must otherwise comply with the requirements for obtaining such credit.

It is recommended that students take this course in conjunction with Law 524, Health and Medical Research for Lawyers, a one-credit advanced research seminar which emphasizes the topics covered in this course, i.e., in Law 512.

515

Contract Drafting for the Finance Lawyer 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Practical exercises
  • In-class exercise
  • Class participation
  • Variable by section
Contract Drafting is an upper-level course that teaches basic practical skills in contract drafting through written drafting exercises. The exercises will be done both in and outside of class, and extensive peer and instructor editing will be used. While the skills taught will be basic, they will also be translatable to more sophisticated contracts, such as those that Duke Law students can expect to see and draft in practice. The course will be a combination of lecture and in-class drafting and editing exercises, with an emphasis on the exercises. There will be pre-class reading assignments from the text, possibly supplemented with other outside reading. Some drafting exercises will be assigned to be done outside of class for subsequent in-class editing. Grading will be on the basis of these written drafting assignments, the quality of editing others' drafts, and class participation.

516

Democracy and the Rule of Law 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Class participation

This 2-credit seminar co-taught by Jack Knight and Mat McCubbins will provide an overview of the normative and positive issues associated with modern democracies and their legal systems. Students will explore questions related to the debate over what are the fundamental components of democracy and the rule of law. These questions include: does democracy require elections? Do elections need to be free, fair and frequent? Are there unalienable rights, protecting personal and civic freedoms, that are essential for a democratic system of government? How does one define the rule of law? Is the rule of law a necessary condition for democracy? Grades will be based on attendance and participation (20%), six 3-page papers due roughly every other week (60%), and one 8-page final paper due at the middle of finals week (20%). (Six 1-page papers (20%) and a 20-page paper (60%) can serve as an alternative.)

517

Advanced Contracts 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
Each course segment will consider in depth a foundational tenet of contract law, but applied to a new and modern fact pattern. For example, does an agreement to exchange one kidney for another (as in the increasingly common kidney paired donation) involve consideration? Is it void as against public policy? What is the obligation of airlines, hotels, and third party providers (such as Expedia) to honor "mistake fares" in an age when technology allows potentially millions of purchases before the offeror discovers the error?
We'll begin each segment with a modern fact pattern in which the law is unclear or in flux. We'll read the classic contracts cases and scholarly articles on point, with application to the new fact pattern in mind. Are the old doctrines still a good fit for the new world? Are the public policy rationales behind the law still relevant? What new considerations are present? Project assignments are designed to place students in roles of problems-solvers, policymakers, or judges considering real-life, current disputes. There will be substantial writing, teamwork, and oral presentations.

518

Constitutional Law II: Historical Cases and Contemporary Controversies 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final research paper (25+ pages in length)

Federal constitutional law is deeply shaped by its history. Many of our hot-button issues emerged in the early Republic: the specific questions are often different but the basic disagreements and arguments are startlingly modern.  The modern “canon” of US Supreme Court cases through which constitutional law is taught is an abstraction from this history.  Even if this is mostly unavoidable, the result is that in important ways our understanding of constitutional history, and thus of contemporary constitutional law as well, is distorted.  In this course we will look at a series of contemporary issues  - such as freedom of speech and religion, unenumerated rights, and federalism, through the lens provided by cases and controversies in the first century of the Constitution’s existence that for the most part have dropped out of our field of vision.  Our goal is not simply to develop a deeper understanding of the constitutional past but just as importantly to acquire fresh perspectives on contemporary law.

519

Contract Drafting 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other

Contract Drafting is an upper-level course that teaches basic practical skills in contract drafting through written drafting exercises. The exercises will be done both in and outside of class, and extensive peer and instructor editing will be used. While the skills taught will be basic, they will also be translatable to more sophisticated contracts, such as those that Duke Law students can expect to see and draft in practice. The course will be a combination of lecture and in-class drafting and editing exercises, with an emphasis on the exercises. There will be pre-class reading assignments from the text, possibly supplemented with other outside reading. Some drafting exercises will be group projects. Some drafting exercises will be assigned to be done outside of class for subsequent in-class editing. Grading will be on the basis of these written drafting assignments, the quality of editing others' drafts, and class participation.

520

Climate Change and the Law 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • In-class exercise
  • Class participation

This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – primarily at the international treaty level and in the United States, with attention as well to the law in Europe, Australia, China, Brazil, and elsewhere.

We will compare alternative approaches that could be taken by the legal regime to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, technology R&D, prescriptive regulation, reducing deforestation, geoengineering, adaptation); the spatial scale (global, regional, national, local); the time scale (precautionary or adaptive, over decades or centuries); and key normative criteria for policy choice. We will also examine the actual legal measures that have been adopted so far to manage climate change: the international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997), and the results of follow-on meetings such as Copenhagen (2009), Cancun (2010), Durban (2011), Doha (2012), Warsaw (2013), and the Paris Agreement (2015); and the policies undertaken by the US, Europe, Australia, China, Brazil, and other key countries. In the US, we will study national (federal) and sub-national (state and local) policies, including: legislative proposals in the US Congress; the US Supreme Court's decisions in Massachusetts v. EPA (2007), and Connecticut v. AEP (2011), addressing issues including standing to sue, statutory interpretation, delegation, administrative discretion, comparative institutional competence, and statutory preemption of common law; administrative regulation by US EPA under the current Clean Air Act; other federal laws such as the ESA and NEPA; state-level action by California, RGGI, and others; and common-law tort liability applied to climate change.

Questions we will discuss include: How effective and efficient are the policies being proposed and adopted? How do actions at the national and international levels affect each other (e.g. reinforcing or conflicting)? Can current institutions deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change? What roles do changing scientific and economic understanding play in evolving legal responses? How do institutions and the public respond to potential but inchoate catastrophes? Will dealing with mega-problems necessitate or lead to basic changes in legal institutions? Should the US states be acting? Should you buy personal carbon offsets? Should the US have joined Kyoto, or have organized a parallel regime of major emitters, or have done something else? How should we appraise FCCC/Kyoto process so far? What will follow from the 2015 Paris Agreement, and how should it be implemented? What are the best ways to engage countries in international cooperation? What principles of international and intergenerational justice should guide efforts to control climate change? How should aggregate social well-being, and distributional equity for the world's poor, shape climate change policy? Should greenhouse gas emitters (countries, businesses, consumers) be legally liable or responsible to compensate victims for their losses? What is the best mix of mitigation (prevention) and adaptation (resilience)? How will climate policy be influenced by geopolitical changes such as the rise of China and India, and a shift from the US as lone superpower to a more multipolar world of several great powers? How will technological change affect law and policy, and how should the law seek to promote technological change? How should the legal system learn and remain adaptable to new information over time? What threats, challenges, and opportunities might climate change pose to legal and political systems?

Students must read the assigned materials in advance of class, and participate in class discussion. Each student will submit a short (5-6 page) paper, addressing the week's readings (and adding outside research), for three (3) of the 12 class sessions (not counting the first class session). A sign-up sheet will be circulated at the beginning of the course for students to select the 3 topics/class sessions for which they will submit these 3 short papers (so that these papers are spread across the semester). In addition, each student will write a longer research paper (15 pages), due at the end of the semester. Grades will be based on: 33% class participation, 33% the 3 short papers, and 33% the longer paper.

The Syllabus with weekly assignments, and the Resources (readings), will be posted on the Sakai site. (There is no textbook for this course; all readings will be posted on the Sakai site.)

Note: In some semesters, this course may have occasional joint meetings with Prof. William A. (Billy) Pizer's Sanford School course on Climate Change Economics and Policy (PUBPOL 264.25 & ENVIRON 298.123). Students seeking to enroll in both courses for credit should email Prof. Pizer (cc: to Prof. Wiener).

521

Culture of American Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Final paper (10+ pages in length)
American law can be viewed usefully from a variety of perspectives. In law school, we usually approach the law as a set of political norms that are articulated and enforced through formal legal institutions, or as the activities of professionals working within those institutions. Law is also a mindset, a shared ''culture'' of ideas, attitudes, memories, and myths that shape the lives and work of legal professionals as well as the broader society. In this course we will read critically writings on the law that have shaped or reflect the present nature of that legal culture. Our goal will be to understand more fully the nature of the law as practice and vocation through these writings.

522

Contract Drafting: The Next Generation 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Intermittent
  • Practical exercises
  • Class participation

In their article Contract as Automaton: The Computational Representation of Financial Agreements, Mark Flood and Oliver Goodenough argue that not only can contracts be conceptualized as "finite machine states" that can be automated, but that conceptualizing the legal structure of a contract this way is helpful for determining whether a contract is internally coherent and complete.  Messrs. Flood and Goodenough are moving beyond computer assisted "document assembly"---where guided questions lead word-processor-based document template libraries to a traditional natural-language contract--and exploring an analytical process of turning (at least certain types of) contracts into computer automated "smart contracts".  Building off of Harry Surden's Computable Contracts, Flood and Goodenough apply computational theory to the various states, inputs and transitions of a loan agreement to make the contract a "deterministic finite automaton" (DFA).

This course covers the basic practical skills in contract drafting through written drafting exercises while exploring how legal practice and contract drafting will change.  While working with the course materials, we will inquire as to whether or not the contract elements can be formalized into a smart contract or DFA.  We will also explore Flood and Goodenough's proposition that "The exercise of representing contracts as DFAs can help us better understand how contracts work."  

523

Finance in Asia: Institutions, Regulations and Policy 1
  • JD - upper-level writing (ULWR)
  • JD - upper-level writing (ULWR), add-on credit
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Class participation

The global economy and financial system are undergoing a profound transformation in the twenty-first century with the rise of Asia, most particularly China. This course will consider finance in the region and its implications for the global financial system. Following an introduction to the evolution of finance in Asia and its role in the global economy, the course will consider the role of Asia in international financial arrangements such as the Group of 20 (G20) and International Monetary Fund (IMF), regional financial regulatory arrangements (focusing on the major financial centers such as Hong Kong and Singapore), China’s financial internationalization (in particular of the RMB, the Belt and Road Initiative and the Asian Infrastructure Investment Bank [AIIB]), and the impact of technology on finance in the region (with a focus on China and India).

The class will be conducted as an interactive seminar. Student grades will be based on participation (10%) and a series of 3 papers (approximately 5 pages each) on specific topics throughout the course (90%). For those wishing a second credit, there is the option of an additional 25+ page seminar paper due at the end of the semester. (Students should enroll in Law 523W if they plan write the 25+ page paper.)

523W

Finance in Asia: Institutions, Regulations and Policy / Writing Credit 1
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final research paper (25+ pages in length)

Students enrolled in Law 523 Finance in Asia: Institutions, Regulations, and Policy, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 523W must be added no later than 7th week of class.*

524

Health and Medical Research for Lawyers 1
  • JD - general credits
  • Generally fall semester
  • Intermittent; usually, Fall
  • Take-home examination
  • Practical exercises
  • Class participation

This one-credit advanced legal research seminar will introduce students to specific sources and strategies for researching health and medical legal topics, including the right to health care, pharmaceutical and medical device regulation, Stark and anti-trust laws as applied to the health care industry, medical malpractice and standards of care, and medical ethics and experimentation. This course will cover key primary and secondary sources for health and medical law research, including statutes, regulations, and agency materials. The research skills practiced in this course will also be useful for other topical legal areas. Grading will be based on class participation, short in-class or take-home exercises, and a final take-home exam.

525

Corporate Reorganization 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM, Business Law Certificate
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester

The emphasis of Corporate Reorganization is the practical process of reorganizing trouble and failing businesses. The course is taught with a practical, hands on approach. The instructing professor is currently operating several international businesses and will draw from actual domestic and international examples. The course will examine the roles of the various business and legal positions in workout, and reorganization situations.

The course will cover domestic and international workouts and reorganization, in and out of a Court setting. Topics will include the identification of troubled companies and properties, the financial structure of these companies, identification of factors leading to the company's economic trouble, and the methods of allocating risk as the company is reorganized. Basic concepts of Bankruptcy will be covered in this course.

A basic Bankruptcy course is helpful for this course but not required.

527

Access to Medicines: Intellectual Property and Global Public Health 2
  • JD - upper-level writing (ULWR)
  • JD - upper-level writing (ULWR), opt-in
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Final Exam, option
  • Final research paper (25+ pages in length), option

This 2 credit seminar examines the law and policy governing the availability, price and development of medicines worldwide, providing an overview of the international legal frameworks, national regulations, and innovation policies affecting access to existing medicines and the development of future treatments for global health. It encourages students to critically examine current international law governing pharmaceutical innovation and to engage in efforts to improve incentives for the pharmaceutical sector to better meet global health needs. This seminar is open to non-law graduate students depending on space and prior experience. Students may take a final take-home exam or write a 30 page paper. 

Note: An additional credit is available for students writing a 45 page paper.  Students wishing to take this option should enroll in Law 527W Access to Medicines Writing Credit and must be enrolled no later than the 7th week of class.

527W

Access to Medicines Writing Credit 1
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • Add on credit

While enrolled in Law 527 Access to Medicines: Intellectual Property and Global Public Health, students have the option to take an additional 1 credit if they wish to write a 45 page paper. *LAW 527W MUST be added no later than 7th week of class.*

528

Capital Punishment 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Class participation
This seminar course examines the social, moral, and legal implications of capital punishment, with a particular focus on decisions of the Supreme Court since the early 1970s. Main themes of the course will include: jury selection; the allocation of decisionmaking authority between judges and juries; the right to counsel in death cases; the role of aggravating and mitigating factors; efforts to limit the arbitrary or racially discriminatory application of the death penalty; the rules governing juveniles and the mentally ill; the federal death penalty; the influence and relevance of foreign practice; and constitutional challenges to methods of execution.

529

Corporate Governance 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
  • Shorter reaction papers

With the spate of corporate scandals in recent years undermining investor confidence in public corporations, corporate governance is increasingly a major policy issue in business regulation and a key element in business strategy and corporate litigation. This course will discuss the major debates in corporate governance, the challenges for designing an optimal system for governing corporations, and the increasingly important role of lawyers in these policy debates. The course will focus on a range of issues. For example, is shareholder activism by hedge funds and other institutional shareholders good for shareholder value, or does it promote short-termism? Do anti-takeover devices entrench managers or promote long-term strategic growth? Are CEOs paid too much, and should their compensation be regulated? Does state competition for corporate charters lead to a race to the top or the bottom? How can for-profit firms be designed pursue social missions and avoid green-washing? In discussing each of these topics, this course will consider whether corporations are best regulated by the government or market discipline. To fulfill the requirements for this course, students will have the option to write short reaction papers or the opportunity to work on a substantial research paper.

530

Entertainment Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Generally spring semester
  • Yearly; generally spring semester

An introduction to the practice of entertainment law, this course examines selected theories, statutes, and regulations governing principal undertakings, business transactions, and legal relationships in the entertainment industries, including publishing, the theater, television and motion pictures, music, and related fields.

Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

531

In House Law Practice 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Group project
  • Oral presentation

This course explores the substantive and procedural aspects of inhouse law practice, and how they differ from law firm and governmental practices. The class sessions will present substantive legal topics discussed with legal practitioners. Course materials will be drawn from statutory, regulatory, and policy-driven materials, as well as case studies. Students will have team-based interdisciplinary project assignments that will draw from topics discussed in the class, reflecting real-world scenarios.

The course is intended to provide law school students with an understanding of and practical skills for inhouse practice, legal issues unique to that practice, and practical issues that face inhouse lawyers. It is designed for any student interested in inhouse practice – those who wish to work in a law firm or governmental role and interact with inhouse counsel, those who would like to practice inhouse, and those who are interested in exploring different career paths.

40%: Memos
Each student will prepare two memos, of five pages each, on substantive legal issues presented during class; these memos will provide students an opportunity to demonstrate practical approaches to those legal issues.

20%: Presentation
Each student will make a 5 -8 minute individual presentation to the class, ostensibly to the general counsel of a corporation, in which students will provide an overview of recent developments in a given legal area and how it applies to the corporation. All students will receive a common fact pattern for the fictitious corporation, and each will be assigned a different legal area to which the fact pattern relates. Students will be videoed for their presentation and have the opportunity to review the same.

40%: Project
Halfway through the semester, students will be divided into teams of 4 persons. Each team will receive a fact pattern for a significant business-level-event problem which they are to analyze and present their findings, legal analysis and recommendation to the CEO and board of directors for said company.

The project will include an individual written component of 10 pages, a group written component of five pages, and a 30-minute team presentation.

No prerequisites are contemplated as necessary.

532

Venture Capital Financing 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year program) - required courses
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester

This class will focus on the legal and economic structure of venture capital transactions and will familiarize students with the legal agreements used to document these transactions. Using lectures and in-class exercises, students will learn the function of the most common transaction documents, the economic and/or legal purpose of the provisions contained within these documents and alternative approaches to address specific situations. Throughout the semester, students will work on a simulated transaction to gain experience in negotiating and drafting documents with an emphasis on meeting client objectives. Students will be evaluated on the basis of class participation and written assignments.

Business Associations is a mandatory prerequisite for the class. Securities Regulation and Advising the Entrepreneurial Client are recommended preparation for the course.

534

Advising the Entrepreneurial Client 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year program) - required courses
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Group project
  • Practical exercises
  • Class participation
  • Other

The goal of Advising the Entrepreneurial Client is to prepare students to assist in the representation of a start-up venture/angel backed company. This course takes students through the legal issues likely to present themselves in the lifecycle of a typical technology company from inception/incorporation through acquisition (the typical liquidity event). Advising the Entrepreneurial Client exposes students to the types of issues, questions and documentation that they encounter and the lawyering skills that they need as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations.

Students are graded on class participation, weekly group homework, and three major drafting assignments.

537

International Human Rights Advocacy Seminar 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester

This course critically assesses the field of international human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors.  Drawing on case studies within the United States and abroad, the course will also examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the opportunities and challenges of new technologies in human rights advocacy. Evaluation will be based on class participation and a final paper.

This class is a pre-requisite or corequisite for Law 437 International Human Rights Clinic.

539

Ethics in Action 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - ethics
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester

The class will function as an ethics committee considering current issues and ethics inquiries based upon actual disputes. The participants, working in small groups, will draft detailed ethics opinions that the full class will consider, revise, and the like.

541

Nonprofit Organizations 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Take-home examination

The subject of the course is the diverse sector of the economy composed of nonprofit organizations. The topics to be covered include their economic function, governance issues, the tax laws covering them, abuses of their special status, and policy issues regarding them.

544

Advanced Topics in International Trade 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent

This seminar will explore recent scholarship related to international economics and international trade institutions (such as the WTO, the EU, and NAFTA).  Topics will include the domestic political economy of trade liberalization, trade remedy law, institutional design, and compliance with dispute resolution systems.  The seminar is designed to be highly participatory with students taking the lead in class discussions.  Some knowledge of international law is helpful but not required.  Grades are based on a series of papers written during the semester and class participation.

Grade Basis:  Grades are based on the six short papers, your leadership of class discussion, and class participation.  There is no final exam and no final paper.  This course can be taken together with a 2 or 3 credit independent study to fulfill a writing requirement.

545

Urban Legal History 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final research paper (25+ pages in length)
  • Class participation
Urban Legal History is a research seminar which will focus on the legal issues relating to Durham's political, social, and economic development. The class will involve intensive study of primary and secondary materials, and will require students to produce substantial (45 page) research papers.

546

International Law of Armed Conflict 2
  • JD - upper-level writing (ULWR), opt-in
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Final research paper (25+ pages in length), option
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This seminar will examine the international law of armed conflict, and it focuses on the jus in bello context. Students will consider the rationale for the key concepts of the law of armed conflict, and examine their practical application in various contexts. Case studies (contemporary and historical) will be examined in conjunction with the topics covered. This historical context for the law of armed conflict agreements, the status of conflicts, combatants, and civilians, targeting, rules of engagement, war crimes, are all included among the topics the class will address. Students will be encouraged to relate legal and interdisciplinary sources in order to better understand the multi-faceted interaction between law and war. There is no examination for this course but a 20-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Upper-Level and possibly other writing requirements must obtain instructor approval and produce a paper at least 30 pages in length. The remainder of the grade (35%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for this course is Gary D. Solis's "The Law of Armed Conflict: International Humanitarian Law in War" (2nd ed., 2016). This course will only be offered in the spring.

547

Criminal Justice Policy: Crime, Politics, and the Media 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Group project
  • Class participation

This course will focus on various changes in criminal justice policy that occurred in the last 30 years (e.g., changes in sentencing law and policy, increased incarceration rates, and the "war on drugs") and seek to identify the factors that brought about those changes. To what degree were these changes responses to changes in the rates and types of crimes experienced in the U.S.? To what degree were these changes prompted by political campaigns and strategies, or by a media produced sense of crisis? Readings will include legal materials which will probe and analyze statutory and administrative changes, as well as interdisciplinary readings. Each student will prepare six short (4-5 page) papers responding to the course readings, and will take part in a group presentation on a topic selected by class members.

549

Corporate Counseling and Communication 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Scheduled in-class examination
  • Practical exercises
  • In-class exercise
  • Class participation

The goal of this class is for students to develop skills working with sophisticated clients on complex issues that lack easy answers and to simulate the practice of law in a way that a young associate is likely to experience it whether at a large law firm or in a small legal office. The primary focus is interviewing and counseling business clients and drafting client-related communications.

The first part of the class is split into five two-week segments. In the first week of each segment, the class will study a legal issue and prepare to interview the client. Then, one student interviews the client about a simulated scenario in a conference call as the rest of the class observes.  After the call, the class assesses the legal issues and strategies for responding. Students must then decide what advice to give.

In the second week of each segment, the class evaluates potential responses and prepares to advise the client. Another student counsels the client as the class observes. The focus of the class is on client communications, legal strategy, and developing professional skills, and students will gain exposure to the types of issues commonly faced by corporate counsel, including contract negotiations and potential claims.

Students will also practice working in a law office environment by sending emails to the professor that simulate reports to a supervising attorney and by submitting timesheets showing work they have completed. The final three weeks focus on a 15-page paper that will require independent research on a complex legal topic assigned by the professor. Through these exercises, students will learn to speak confidently with experienced business executives, collect information efficiently from busy professionals, and deliver practical, business-oriented legal advice orally and in writing.

551

NC Civil Justice Reform 2
  • JD - general credits
  • Intermittent

This is a two-credit research tutorial with a heavy emphasis on collaboration.  The course is designed to introduce students to the North Carolina Civil Justice System, teach them to identify inefficiencies and inequalities within that system, and generate proposals for reform.  Although general areas of focus will be set by the Civil Justice Section of the Commission, the specific research objectives, investigatory tools, data compilation, and presentations will be performed by the students.  In collaboration with Dean Levi and Professor Miller, students will set fact-finding priorities, conduct research on civil justice topics in North Carolina, evaluate programs in comparator jurisdictions, draft reports, and prepare presentations for classroom use and for the Civil Justice Section members.  The goal is for the students to produce a substantial, detailed, documented set of written proposals that will be included in the final report of the Commission in early 2017 and will shape the civil justice system in North Carolina going forward.  We plan to have class sessions approximately every other week.   During these class sessions, tutorial participants will coordinate research and drafting tasks and give reports of their findings.  It is expected that during the days we do not have class, the students will be conducting research.

553

Empirical Research Methods in Law 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination
  • Final paper (10+ pages in length)
  • Oral presentation
  • In-class exercise

Empirical methods are central to modern law practice. They are used regularly in complex business transactions, damage calculations, antitrust litigations, and discrimination litigations. Accordingly, attorneys are increasingly required to review, understand, and employ empirical data in civil and criminal litigation, appellate practice, and governmental affairs. Working with experts and developing and refuting quantitative evidence are critical skills to successful practicing lawyers. This course is designed to provide students an opportunity to bridge knowledge and practice by learning basic statistical concepts and methods for applications to litigation, legislative advocacy, and legal research. Students taking this course will gain a fundamental understanding of empirical methods and have an opportunity to learn the principals of these methods with hands-on experience using statistical software. Students will develop new skills for critical thinking and evaluation of empirical work in academic studies and expert witness reports, will gain new expertise to work with experts, and will acquire the ability to effectively develop and refute quantitative evidence.

The course will be divided into two major components. The first section of the course will introduce a broad range of topics in methodology, from study design and hypothesis testing to descriptive statistics and multivariate regression techniques in the context of legal issues faced by practicing attorneys. The second of the course will utilize this new knowledge and training to critically evaluate empirical scholarship and expert reports. No prior knowledge of mathematics, statistics, or software is required and law students from all experiential backgrounds will be able to complete the coursework and exercises based solely on class lectures and tutorials. Course grades will be based on class participation (10%), hands-on exercises (10%), a take-home midterm (30%), and a final paper (50%).

554

Deceit and Betrayal: Perspectives on Fraud and Breach of Fiduciary Obligation 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)

This seminar focuses on contemporary applications of the law of fraud and fiduciary obligation, including situations in which an actor deceives the beneficiary of a fiduciary obligations owed by the actor. The seminar will begin with two sessions that cover the historical origins of fraud and fiduciary obligation and their subsequent evolution. The remainder of sessions will focus on specific situations and issues of contemporary interest. These may include, among other topics: (1) remedies for breach of fiduciary obligation, including forfeiture of compensation; (2) criminalization of fiduciary breach, including "honest services fraud;" (3) frauds directed at members of groups with which the fraudfeasor shares an ethnic, political, or other affinity; (4) aiding and abetting or lending knowing assistance to another actor's fraud or breach of fiduciary obligation; (5) the liabilities of auditors and other gatekeepers in the event of fraud within the gatekeeper's client; (6) the individual liability of employees and other agents for fraud and other torts committed within the scope of employment or authority; (7) the role of victim consent to wrongful conduct, including the validity of exculpatory provisions in the parties' agreement; (8) standards of conduct applicable to broker/dealers and others who furnish investment advice; (9) duties owed to employees who own equity in a professional-services or business firm, in particular in connection with the sale of control of the firm. The reading material for the seminar will include a selection of cases and other primary legal materials, plus scholarly publications. Each student must write a research paper on a topic approved in advance by the instructor.

555

International Environmental Law 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Intermittent
  • Final research paper (25+ pages in length)
  • Class participation

This course provides a general introduction to international environmental law and policy. We will begin by exploring the economic, political, and legal concepts relevant to international environmental treaty regimes. We will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as transboundary air pollution, atmospheric pollution, marine pollution, fisheries depletion, and biodiversity and habitat loss. The course focuses principally on the dynamic of treaties, negotiations, and state and non-state actors on the international plane, and much less on domestic legislation.

Grades will be awarded on the basis of class participation and a final paper. 

556

Second Amendment: History, Theory, and Practice 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

The Supreme Court's decisions in District of Columbia v. Heller and McDonald v. City of Chicago have ushered in a whole new era of Second Amendment theory, litigation, and politics. Current events keep issues of firearms, gun violence, gun safety, and self-defense constantly in the news. This seminar will explore the Second Amendment and the various state constitutional analogs historically, theoretically, and pragmatically. Students will be introduced to the historical and public policy materials surrounding the Second Amendment, the regulatory environment concerning firearms, and the political and legal issues pertaining to firearm rights-enforcement and policy design. Evaluation for the seminar will be based on eight short reaction papers and in-class participation.

Instructor: Darrell Miller

557

Hedge Fund Activism 1
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Group project
  • Class participation

How should society allow public shareholders to influence and control the decisions of corporate directors and managers? This course will explore shareholder activism by hedge funds, using an interdisciplinary approach that combines law, economics and policy.  We will discuss shareholder activism in the pre-hedge fund period, the emergence of activism by hedge funds, and the question of what different things hedge fund activists want target companies to do. We will also discuss empirical evidence on hedge fund activism, including stock market evidence on the success of activism, and the performance of companies that have been the target of activist campaigns. Throughout the class we will explore the many controversies in hedge fund activism, including whether hedge fund activism sacrifices long run success for the short run benefit of activists, and whether hedge fund activism should be subject to additional laws and regulation.

This is a credit/no credit course based on class participation, short (2-3 page) write-ups, and a final small group presentation on an activist campaign of the small group’s choice.

558

Foreign Anti-Bribery Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR), add-on credit
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

Corruption is one of the major factors inhibiting economic development and undermining governmental legitimacy.  Developed governments generally enforce rules prohibiting domestic corruption, but have historically been less concerned with (and even encouraging of) foreign government corruption.  The United States passage of the Foreign Corrupt Practices Act in 1977, which prohibits covered entities from bribing foreign officials, represents a major shift in this policy.  In the last fifteen years, most other major economies and economic institutions (the IMF, the World Bank) have followed suit, although enforcement has been inconsistent.  This seminar will examine the origins and evolution of this effort to regulate firms' relationships with foreign government officials.  The seminar explores the history, economics, and policy behind anti-corruption efforts and the major challenges ahead.  The seminar will engage academic articles that address the economic effects of corruption, the politics of anti-corruption enforcement, the variation in current anti-bribery agreements (the UN Convention Against Corruption and the OECD Anti-Bribery Convention), and influence of these rules on foreign investment and trade.  The seminar is designed to be very participatory, with students leading discussion.  

Students will be evaluated on a series of critique papers, leading a class discussion, and class participation. If students wish to write a paper on a topic related to the course materials, they may request the opportunity to complete an additional one or two credit independent study.  A final paper cannot replace the critique papers.

NOTE: An additional 1-2 credits are available for students who wish to write a longer paper in order to satisfy the JD or JD/LLM Upper-Level Writing Requirement. Students wishing to take this option should enroll in Law 558W Foreign Anti-Bribery Writing Credit. *LAW 558W MUST be added no later than 7th week of class.*

558W

Foreign Anti-Bribery Writing Credit 1
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-ICL - writing requirement
  • Add on credit

While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 1-2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. *LAW 558W MUST be added no later than 7th week of class.*

559

Latin American Business Law 1
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
This course focuses on the regulation of business in Latin America and the most important differences between the Civil Law tradition and the Common Law. The course exposes the students to some of the main issues that may arise in the practice of law dealing with Latin America. Emphasis is placed on the appropriate choice of a business entity by an American investor and in the analysis and comparison of the laws of business associations and securities regulation applicable in Latin America and in the United States. Important cultural, historical and political traits of the region will be highlighted, as they are extremely influential in the transactions of business and international legal relations.

560

Sales and Value Added Tax Law 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Scheduled in-class examination
SALES AND VALUE-ADDED TAX LAW covers the policy issues, legal frameworks and detailed technical issues related to VAT and retail sales tax systems. Comparisons are drawn between the VAT (a multi-stage consumption tax system used by most countries -- but not the US) and retail sales taxes (the consumption tax adopted by most US states). The class explores variations between the VAT systems and retail sales tax systems in different jurisdictions, in order to highlight key policy issues. The course also highlights innovations in consumption taxes (especially to deal with the digital economy) and the treatment of special sectors such as the real property, financial, agriculture and public interest sectors. Approaches for dealing with the application of VATs and sales taxes in the context of federations and common markets are also considered.

The principal focus is on VAT, because retail sales taxes can be viewed as a single-stage VAT. The aim of the course is to enable you to think about VAT (or sales tax), whether from the perspective of what the law is, what it should be, or how it might be administered. More generally, the course is designed to sharpen your skills to think like a lawyer, like a policymaker, and like a tax administrator.

After taking the course, you should understand how the VAT and retail sales taxes work in practice, and you will have a clear understanding of how consumption taxes differ from income taxes. We will discuss the definition of key legal elements of the VAT (taxpayer, taxable event, tax base, rates, tax period) and how the tax is collected. This analysis should equip you with the ability to address consumption tax issues in the future, or indeed to deal with any tax, since all taxes have these basic common elements.

561

Tax Policy 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
This three-credit seminar will feature weekly presentations (eleven in total) of works-in-progress on a wide range of tax policy topics, by leading tax academics from law schools around the country. The seminar will meet twice each week--first to discuss the paper prior to the arrival of its author, and a second time to discuss the paper with the author. Students will write a reaction paper (of approximately three pages) for each work-in-progress. Grades will be based on the reaction papers and on contributions to the seminar discussions.

562

Sentencing & Punishment 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Final research paper (25+ pages in length)
  • Class participation

This new seminar will focus on the process of imposing sentences in criminal cases, administering punishment, and attempting rehabilitation of convicted criminals. The course will first provide background regarding the purposes of punishment and the history of mandatory sentences, presumptive sentences, and sentencing guidelines, and focus on some of these issues in more detail through the use of a expert guest lecturers and a tour of the Federal Correctional Facility in Butner, NC. Students will be expected to participate meaningfully in the lectures, guest speakers and field trip, and produce a research paper on a related topic.

563

Economic Growth and Development in Africa 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Practical exercises
  • Class participation

This course explores the legal issues implicated in sub-Saharan Africa’s economic and political development from the perspective of host-country and foreign governments, businesses, and legal practitioners. Sub-Saharan Africa is considered to be the new frontier in the global economy, as many of the world’s fastest growing economies are in sub-Saharan Africa. The economic performance of many sub-Saharan African countries is projected to continue to improve because of the continent’s changing economic, political, and social landscape. Consequently, U.S. businesses are starting to eye opportunities and to invest heavily in sub-Saharan Africa and U.S. policy toward Africa is also shifting from aiding Africa to investing more in Africa. As U.S. businesses, law firms, and even government agencies are showing an increased interest in sub-Saharan Africa, more private law firms have begun to counsel clients that are looking to expand their businesses or invest in Africa on the various opportunities and unique challenges of doing business in Africa.

We will examine key trends that either promote or hinder growth in the region and present challenges to economic, legal, and political development. Students will gain practical experience by, identifying and solving hypothetical legal and business issues confronted by those seeking to do business in Africa.

Students will be assessed on class participation, weekly response papers for the assigned reading, a 20-page paper identifying and analyzing a legal issue related to economic development, and two problem-based workshops.

 

565

Law & Markets Colloquium 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Class participation

This seminar is a component of the Duke Project on Law and Markets. The Law and Markets project seeks to engage foundational questions concerning the intersection of law and markets. For example, what are (or should be) the limits of markets? To what extent, and how, should the legal system address market-driven inequalities in income, wealth, or access to goods and services (such as health care and education, among others)? When does the law substitute for or correct imperfect markets? Correspondingly, when can market forces compensate for an absence of effective legal rules or remedies? And what are the conditions under which market enforcement and legal enforcement act as complements, rather than substitutes?

The Law and Markets Project will explore these and other questions, with the hope that a broad consideration of these topics yields insights about the relationship between law and the marketplace. Class meetings will include both discussion sessions, in which the class engages relevant background reading, and workshop sessions, in which speakers present papers or discuss a body of work related to law and markets.

The seminar will meet six times each semester and students must enroll for both semesters. Grading will be based on a combination of the quality of reaction papers responsive to class readings and participation in class discussions.

567

Law, Economics and Politics Colloquium 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Class participation

This research seminar will involve discussing some of the latest research at the intersection of the fields of law, politics and economics. The research papers that we will read will look at the behavior of both individuals and institutions and will examine a range of scenarios that include the analysis of optimal regulation of financial markets, how to use legal regulation to improve the treatment of refugees, the impact of law on race and gender identity, and the evaluation of legal regulation in terms of its impact on happiness.  A central theme of this semester will be the relevance of “behavioral economics” to law and policy. The instructors for this course are Guy Charles, Mitu Gulati, and Matthew Adler.  

We will invite speakers who are doing some of the most cutting edge interdisciplinary work in law to present their ongoing work to the seminar. Students will be asked to prepare, in advance, short reaction papers to the presentations by the speakers. The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will be one class meeting each week.

571

The Changing Face of Marriage and Family: Pastoral and Legal Perspectives 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Class participation

This seminar examines areas in which religion and law intersect in family life. Students will explore the guidelines and doctrine governing religious and legal professionals when counseling individuals on family issues. Seminar discussions will focus on interdisciplinary readings, as well as exercises in skills relating to listening, counseling, mediation, and collaboration. Grading will be based on 4-6 written assignments totaling 25-30 pages relating to class exercises or readings, and on participation in class discussion and exercises. There is no exam. The seminar fulfills the J.D. Professional Skills requirement.

572

International Forum Shopping: Theory and Practice 2
  • LLM-ICL - required courses
  • Yearly; generally spring semester

This seminar, open to students pursuing a JD-LLM in international and comparative law, analyzes institutional design, regime complexity, and forum shopping in the international legal system.  The seminar explores the theoretical, strategic, and practical issues relating to these topics.  Key concepts are illustrated via a series of recent case studies in international trade, investment, human rights, criminal law, and other area of international law.  Reading for the course will include both theoretical reading and materials specifically related to the four case studies presented.  Readings associated with the case studies may include briefs, legal decisions, newspaper and other accounts of the situation, and possibly guest lectures.

Course grades will be based 60% on response papers (6 papers of 1500 words), and 40% on class participation, including helping to lead discussion of classes for which they write response papers.

Students interested in satisfying either the JD or JD/LLM writing requirements through this seminar may separately enroll in an Independent Study (Law 460) of 1 or 2 credits.  Research papers completed through these Independent Studies will be in addition to, and not in lieu of, the required seminar response papers, and will be graded separately from the seminar work. 

574

Lying and The Law of Questioning 1
  • JD - general credits
  • JD - upper-level writing (ULWR), add-on credit
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Class participation

This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what many are calling “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in some arenas of public life. Investigations and trials retain the aspiration to identify facts on the ground and prompt honest statements. Accordingly, we will explore the “law of questioning” that governs legal truth-seeking and consider where it succeeds and fails. Our particular focus will be on the criminal justice process, and topics will include interrogation practices, the problem of false confessions, liability for dishonest statements in investigations and testimony, cross examination, character and credibility, and lie detection in the laboratory, courtroom, and popular culture. Readings will range widely and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

574W

Lying and The Law of Questioning, Writing Credit 1
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Add on credit

While enrolled in Law 574 Lying and the Law of Questioning, students who plan significant research projects on related topics may register for a second credit in order to satisfy the JD Writing Requirement. *LAW 574W must be added no later than 7th week of class.*

577

Emerging Issues in Sports & Entertainment 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Class participation

Examination of current issues in Sports and Entertainment through interactions with industry professionals. The course will bring to campus legal and business leaders on the front lines of dealing with a particular issue, in a colloquium setting that allows students to discuss the topics directly with the guests. Class topics will vary from year to year based on timeliness and industry developments.

Grading: Each student will write a 2-4 page reflection paper for every class, and then produce a longer synthesis paper in which one theme developed across multiple classes is explored in detail--using materials from class, additional interviews with professionals, and outside research. Grades will be composed of scores from reflection and synthesis papers, and classroom preparation and participation.

Instructors: Paul Haagen & Kip Frey

579

Mass Torts 2
  • JD - general credits
  • JD - upper-level writing (ULWR), add-on credit
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • In-class exercise
  • Class participation

This seminar will invite participants to take an in-depth look at the combination of issues raised by complex mass tort lawsuits: issues of substantive tort law, civil procedure, litigation strategy, lawyer-client relationships, the economics of settlement, ethics, the judicial role, and societal impacts.

The course will explore a selection of celebrated mass tort lawsuits, such as those involving the Buffalo Creek disaster, the Woburn leukemia case, Agent Orange, the Exxon Valdez oil spill, the BP Deepwater Horizon oil spill, the concussion/brain injury cases against the NFL and other sports, cigarette smoking, the Dalkon Shield, Bendectin, MTBE, and asbestos.

The course will employ a "case method" -- not the typical study of appellate decisions on particular issues but a "full" case method that examines entire cases, from dispute to filing to trial to appeals and beyond. The readings are mainly books about the cases-- historical accounts that put the litigation in context. These books include Gerald Stern, The Buffalo Creek Disaster; Jonathan Harr, A Civil Action; Peter Schuck, Agent Orange on Trial; David Lebedoff, Cleaning Up; Ken Feinberg, Who Gets What; and Mark Fainaru-Wada and Steve Fainaru, League of Denial. Judicial opinions and scholarly commentary will be assigned as supplementary readings. Readings will therefore be more extensive but less dense than typical law school courses.

Note: Students may enroll in an additional credit in order to expand the required 15 page paper into 30 pages with the aim of using the paper to satisfy the JD Writing Requirement. Students wishing to take this option should enroll in Law 579W Mass Torts Writing Credit. *LAW 579W MUST be added no later than 7th week of class.*

579W

Mass Torts Writing Credit 1
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • Add on credit

While enrolled in Law 579 Mass Torts, students have the option to take an additional 1 credit if they wish to expand the required 15 page paper to 30 pages in order to satisfy the JD Writing Requirement. *LAW 579W MUST be added no later than 7th week of class.*

581

FinTech and the Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
  • Oral presentation
  • Class participation

Financial services have been dramatically impacted by the deep technology revolution. Transactions, including payments and trading, have become almost instantaneous, validated by electronic signatures. Financial services are available anywhere, anytime, accessible from cards or devices in customer pockets.  As a result of all this "electronification," traditional bank "back rooms" and old-fashioned trading pits have disappeared, to be replaced by "clouds," iPhones, infrared beams, and so on.  Customer data, once safe in the hands of bankers, is now frequently compromised in massive electronic breaches.  We have no way of knowing whether state agencies or criminals now hold this information in their possession.  Seldom do financial firms attempt to deliver services on their own anymore; instead the end result is the result of behind-the-scenes collaboration among numerous market participants, the quality and capabilities of which varies widely.  It is a world of the future present, with which we are only starting to come to grips. The automation of financial services is also having an impact on regulators: the newly emerging concept of 'RegTech,' which focuses on how regulatory monitoring and assessment can themselves be automated, has been given a huge boost with the recent acquisition by IBM of The Promontory Interfinancial group, bringing the immense artificial intelligence power of "Watson" to bear on regulatory assessment and decision making

FinTech and the Law will review the origins of these developments.  We will seek to understand the architectures, principal legal and regulatory issues, and the dynamics of modern financial marketplaces as these are shaped by technology.  The seminar will help prepare students for a rapidly evolving framework in which successful business and legal practice must become technologically "bilingual."

The course is a seminar based on a compilation of readings provided during the course.  Enrollment is strictly limited to 12 students.

582

National Security Law 3
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Final research paper (25+ pages in length)
  • Oral presentation
  • Class participation

This course will survey a wide range of national security law issues and is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture for its security enterprise, and to acquaint them with the breadth of its impact on U.S. society. While of obvious interest to those interested in government (to include military) and nongovernmental organization service, the course aims to provide a general background and context useful to everyone in the legal profession.

It begins with an analysis of the Constitutional structure governing national security matters, and the role played by the three branches of government (with special emphasis on Presidential power). The seminar will also relate the domestic effect of international law to the American nati onal security law regime. It will examine governmental authorities to conduct surveillance, as well as the legal parameters of the investigation and prosecution of national security cases in both Article III courts, and by military commission. Further, public access to national security information in civil litigation, and restraints on disclosing and publishing national security information will be addressed. In addition, domestic security issues (to include the domestic use of the armed forces), security-based travel restrictions, the role of the Centers for Disease Control, the military justice system, as well as civil-military relations will be reviewed. The class will also examine related issues that arise "in the news" with special emphasis on the impact of national and international security matters on domestic and global business.

There is no examination for this course, but a 30-page research paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor. With instructor approval, the course paper may fulfill Upper-Level and possibly other writing requirements. The remainder of the grade (35%) is based on the quality and frequency of class participation. In connection with class participation, each student should expect to be assigned at least one short written or oral assignment to be shared with the class. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for the course is Dycus, et. al. National Security Law (6th ed., 2016), and additional material will be provided by the instructor electronically. Because this course is presented in classes two-hours in length, it is not necessary to meet twice every week. Consequently, it is anticipated (subject to change) that during the fall of 2016, there will be no classes on the following dates (which include holidays): September 5, 7, 21, 28; October 10 and 12, and November 14 and 16. This course will offered only in the fall.

583

Globalization of the Family 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
  • Class participation

This course will address a number of issues in which globalization plays a role in family life, such as the definition of marriage and family, property rights, the requirements for divorce, same-sex relationships, marriage tourism, fertility tourism, adoption, and intercountry child custody disputes. In most instances, the seminar will examine a particular topic through the lens of the law of a given culture or country, so that students can focus closely on the substantive issues. In addition, the seminar will explore questions of comparative law and conflict of laws as students consider whether and how one nation should honor the family law of another. Issues of international law, including treaty obligations and human rights laws, will be considered where appropriate.

There are no prerequisites for the course. Students enrolling in this course may not have taken the version of the course taught by Professor Michaels in the Asia-America Institute in Transnational Law during summer of 2012, nor may they take the similar course to be taught by Professor Bradley in the Duke-Geneva Institute in Transnational Law during the summer of 2013.

Students will be required to attend and actively participate in the seminar discussion, lead class discussion for one class meeting, and complete a 30-page research paper. Students may use this research paper to fulfill the upper-level or the LLM writing requirement, and the special writing requirement for JD/LLMs

585

Philanthropy, Voluntarism and Not-For-Profit Law and Management 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

The scope of this seminar is as broad as the idea of the voluntary society itself, with particular attention to the American version thereof. The central question is the extent to which, and how, a large number of people of varying ethnic, racial, religious, and cultural backgrounds, living together in a country, state or city, organized into representative governments, should - can - rely on voluntary action by willing citizens to fulfill both their own individual needs and the needs of the respective communities in which they live. To explore that question requires us to examine alternative allocations of responsibility for solving particular problems - voluntary, not-for-profit, for-profit, joint public/private, publicly encouraged/subsidized, and publicly coerced - along with examples, reasons, and theories for particular forms of organization. We will need to probe what it is that motivates donors and volunteers to give money and time, and to assess not only their effectiveness in solving problems but also the comparative praiseworthiness of their respective motives. Charitable and corporate foundations, as well as the tax-exempt organizations to which they and other donors contribute, are part of the inquiry, especially as to their goals, decision rules, governance, and public accountability. We will try to compare the experience of other countries with that of the U.S. in these regards, and we will continuously examine the framework of public policy that embodies public judgments about the desirability of allocating some part of the burden of social problem-solving to voluntary organizations alone or in partnership with public organizations, as well as the tax policies that are crafted to facilitate such problem-solving policies. Cross-listed with PPS280S.

587

Race and the Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Spring semester of even-numbered years
  • Final research paper (25+ pages in length)

Are we a post-racial society? Is English-only the way to go? Is there a model minority? Are Native American children better off with Native American parents? Should affirmative action be abolished? Are all women white and all blacks men? Was Brown right? This seminar will explore the historical and contemporary treatment of race in the United States by both the courts and the legislature. The seminar will employ an interdisciplinary approach to examining the social and political forces that have and continue to contribute to the development of legal doctrine in the areas of education, employment, health care, interracial sex and marriage, and public accommodations, among other things. Throughout, the seminar will explore the definition of race, the intersection of race and gender, the interplay of race and class, the juxtaposition of various racial groups, and the utility of a biracial dichotomy in a multiracial and multiethnic society. Materials will include cases, films, law review articles, excerpts from books, and other nonlegal materials. The seminar will examine race from a multiracial, multiethnic perspective. Participation from a diverse group of students is encouraged. A paper will be required.

589

Japanese Law in a Business Context 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester

An overview of the Japanese legal system with a particular focus on the business and regulatory environment as well as on the differences that a U.S.-trained lawyer must be aware of when handling Japan-related matters. This class will qualify for the Duke LL.M Business Law Certificate.

The class will be conducted as an interactive seminar. Student grades will be based in part on participation and presentation, but with the largest component being based on a 25+ page seminar paper. Several of the latter class sessions will be devoted to student presentations on their paper topics and preliminary findings. However final papers will not need to be submitted until the end of the semester. The seminar paper for this class can be used to satisfy the LL.M. Business Certificate paper requirement.

590

Risk Regulation in the US, Europe and Beyond 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
  • Class participation

This seminar pursues an advanced, integrated analysis of the law, science and economics of societies' efforts to assess and manage risks of harm to human health, safety, environment and security. The course will examine the regulation of a wide array of risks, such as those from food, drugs, medical care, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, terrorism, emerging technologies, and extreme catastrophic risks (students may propose to research other risks as well). Across these diverse contexts, the course will explore the components of regulatory analysis: risk assessment, risk management (including the debate over "precaution" versus benefit-cost analysis), risk evaluations by experts vs. the public, and risk-risk tradeoffs.  And it will explore options for institutional design and structure, including the interrelated roles of legislative, executive, and judicial functions; delegation and oversight; fragmentation and integration; and international cooperation.

The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and other countries.  These comparisons address topics including the choice of policy instruments, the selection of which risks to regulate, "precautionary" regulation, "better regulation" initiatives, regulatory impact assessment and regulatory oversight bodies, and others.   It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and what regulatory systems can learn from each other.

Students' research papers in this seminar may analyze specific risk regulations; compare regulations, institutions or tools across countries; formulate and advocate original proposals to improve the regulatory state; or other related topics. Enrollment limited to 20.  2 credits.

591

Development Finance 1
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper under 10 pages
  • Shorter reaction papers
  • Class participation

After providing a general overview of the persisting development challenges in Low and Lower Middle Income Countries, reflecting the spirit of universal responsibility of the Agenda 2030 the Course will concentrate on the roles of governmental development agencies, multilateral development banks, foundations, non-governmental organizations, and impact investors, as the main external sources of development finance. Furthermore, the Course will familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms. Finally, the Course will deal with critical views on development assistance, with aid effectiveness, and with policy coherence for development.

Suggested Course Requirements: four two-page essays to be handed in daily from the second to the fifth day of class (together accounting for 30% of final grade); one eight-page final paper to be handed in before the end of the fall semester (accounting for 40% of final grade); participation in class discussions (accounting for 30% of final grade).

592

Frontier Robotics: Law & Ethics 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • In-class exercise
  • Class participation

Robots, with us for several generations already, were long confined to narrow uses and trained users, assembling our vehicles and moving our products behind the scenes. In recent years, robotic tools have begun to step out of the back room and take center stage. Are we ready? Probably not. Surely our legal systems and ethical frameworks must evolve. We must find ways to ensure that human-robot interactions occur in ways that are safe and are consistent with our cultural values. We must take care that our policies and laws provide the direction we need without quashing or hindering the innovations that could improve our lives.

The course will bring together three core areas: (1) law, (2) ethics/science policy, and (3) applied technology/science

Because frontier technologies challenge existing legal regimes and ethical frameworks, this course pairs law and ethics students to "shadow" technologists who are actively developing these new, disruptive technologies. In this case, students will shadow roboticists at Pratt's robotics labs (primarily the Humans and Autonomy Lab—HAL—but other labs may be added if appropriate).

Beyond lab time with roboticists, time spent for class preparation, and in-class time, each student will be required to complete a substantial research-based writing piece that adds to current legal/policy discourse. While outputs for such writing will depend on each student's area of focus and the outlets where his or her research can have the most influence, there are several outlets that students are most likely to employ. Chief among these is outlets is the Robotics track of http://sciencepolicy.duke.edu/, where students will comment on legislative proposals, offer white papers, build research repositories, etc.

593

Sexuality and the Law 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper (10+ pages in length)
  • Midterm
  • Class participation

Issues in the legal regulation of sexuality are among the most contested in US law today.  Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) which toilets transgender people are to use, c) if and when women should have access to contraception or abortion, and d) what rights sexual minorities have when availing of the services of a public servant whose religious convictions conflict with that public servant’s duties, are all questions which either have been litigated in US courts in recent years, or are currently being litigated.   Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases.  These areas of law include the jurisprudences of liberty, privacy and equal protection and issues in the exercise of executive authority.  They require probing the boundaries of states’ rights and federal authority, individual liberty and the free exercise of religion.  

The course will explore this complex array of issues through four units: First, students will investigate different conceptions of sex, sexuality and gender, including the theoretical, philosophical, and, where relevant, religious, foundations of each different conception.  The second unit on “Sexuality, the Constitution and Supreme Court Jurisprudence” involves the study of US Supreme Court decisions governing sexuality, including such cases as Loving v. Virginia, Roe v. Wade, Lawrence v. Texas, Burwell v. Hobby Lobby Stores, Inc., and Obergefell v. Hodges.  The third unit will examine the status of discrimination law as it pertains to the LGBTQ communities with special attention given to educational institutions, the workplace and the military.  The fourth and final unit will deploy knowledge gained in the first three units to evaluate the litigation involving the treatment of transgender people, i.e. the litigation involving North Carolina’s House Bill 2 or HB2, the suit by officials in 11 states against the federal government over the Obama administration’s guidance on transgender rights, and any other similar litigation that is on-going at the time the unit commences.

594

Sex Equality’s Past and Future 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final research paper (25+ pages in length)
  • Class participation

This seminar examines the relationships between pregnancy discrimination and sex discrimination, and between sex discrimination and restrictions on access to contraception and abortion. 

Through reading a combination of Supreme Court merits briefs, law review articles, and book excerpts, students will study how Ruth Bader Ginsburg and other advocates for women’s rights during the early 1970s viewed discrimination against pregnant women as a paradigmatic form of unconstitutional sex discrimination, and also viewed restrictions on access to contraception and abortion as implicating constitutional equality values in addition to liberty concerns. 

Students will also read such Supreme Court opinions as Griswold v. Connecticut (1965), Reed v. Reed (1971), Eisenstadt v. Baird (1972), Frontiero v. Richardson (1973), Roe v. Wade (1973), Geduldig v. Aiello (1974), and Craig v. Boren (1976), and learn how the Court during the 1970s did not seriously consider the equality claims of the women’s movement outside the context of express sex-based classifications.  

Finally, we will read and discuss more recent Supreme Court decisions and opinions by individual Justices, which have increasingly—although not yet entirely—come to take seriously the submissions that pregnancy discrimination implicates equal protection, and that access to contraception and abortion are equality rights as well as liberty rights.  Those opinions include Planned Parenthood v. Casey (1992), Nevada Department of Human Resources v. Hibbs (2003), Gonzales v. Carhart (2007) (Ginsburg, J., joined by Stevens, Souter, and Breyer, JJ., dissenting), Burwell v. Hobby Lobby Stores, Inc. (2014), Whole Woman’s Health v. Hellerstedt (2016), and seminal gay rights cases, Lawrence v. Texas (2003) and Obergefell v. Hodges (2015).

598

Family Creation: A Non-Judicial Perspective 2
  • JD - general credits
  • JD - upper-level writing (ULWR), add-on credit
  • JD - upper-level writing (ULWR)
  • LLM-ICL - writing requirement, add-on credit
  • International LLM/Exchange/SJD - general credits
  • International LLM - writing requirement, add-on credit
  • Intermittent
  • Shorter reaction papers
  • In-class exercise
  • Class participation

This course will focus on the role of the legislative and administrative process in intercountry adoption, wherein a child born in one country becomes part of a family in another.  Intercountry adoption raises complex issues of law and policy, including those relating to the definition of family, state sovereignty, immigration and citizenship, human rights, and ethics and transparency.  Not all countries participating in intercountry adoption are subject to international treaties regarding adoption and related issues.  In nations where the treaties are in effect, implementation through the legislative and administrative process has been characterized by conflict and delay.  At the local level, regulation of intercountry adoption through oversight of adoption agencies and adoptive families, has been uneven.

This seminar aims to give students the opportunity to understand the policymaking process by closely examining what has transpired in the field of intercountry adoption in the last 15-20 years, and considering what the future may hold, both within the U.S. and abroad.  Students will be expected to explore and understand the intersection between policy, treaty, and national law, as well as the interrelationship between the legislative and administrative processes.  Because the seminar will examine not only the law within the U.S. but that in other countries, students will be able to explore the differences in culture and policy that exist nation to nation and consider how those differences affect an inherently international issue such as intercountry adoption.

Readings will draw from the United States and international sources and will include existing and proposed legislation, existing and proposed administrative regulations, treaty provisions, court decisions interpreting these sources, academic and journalistic writings, and audiovisual materials.

599

The Federal Prosecutor: A View from the Trenches 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Take-home examination
This course is designed to put each student into the shoes of an actual criminal prosecutor faced with making split-second judgments pertaining to ethical issues which arise during a prosecution. In addition to an examination of pertinent ethical rules and recent news coverage of prosecutorial misconduct, students will apply ethical rules in the context of three semester-long hypotheticals drawn from actual cases previously prosecuted by the instructors. The goal of this class is to provide students with both a knowledge of the ethics rules and an understanding of how the rules are actually applied in real life. In other words, students will be provided with the opportunity to go behind the headlines and understand how seemingly innocent shortcuts taken during a criminal prosecution often result in a prosecutor's commission of prosecutorial misconduct.

Each student will be assigned to one of the three criminal cases and then work the case from the undercover investigation stage through to the trial and sentencing. In addition to advising law enforcement agents (who will appear as guests during the semester) regarding investigative strategy in the hypothetical cases, students will role-play in a mock grand jury setting (conducted at the Federal Courthouse in Raleigh), witness preparation sessions, and in plea negotiations. Guest speakers will also include a victim/witness expert and a criminal defense attorney. The course will culminate with mock trial exercises at the Federal Courthouse in Raleigh, during which time students will be required to handle unexpected ethical dilemmas arising during the course of the mock trial.

601

Duke Law in DC: Federal Policymaking 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester

This course is open to students participating in the Duke in DC integrated externship program (LAW 679: Duke Law in DC Externship). The Federal Policymaking course is a graded, 4-credit, weekly class that focuses on the federal policymaking process, with particular attention to the policy issues that are currently being debated in Congress and the executive branch. The course requires students to become conversant with current federal policy debates, and also with the forces that influence the behavior of institutional actors who ultimately decide whether and how these debates will be acted upon by the branches of the federal government. Students will develop critical analysis skills that are necessary to evaluate and affect the policymaking process at the federal level.  This course is open to second-and third-year law students, by permission only. For more information, please visit https://law.duke.edu/curriculum/dukedc/.

604

Ad Hoc Seminar 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

Seminars organized and led by groups of five or more students, under the supervision of a faculty member. The topics vary according to the students' interests. Law School Rule 3-12 governs the development of ad hoc seminars.

Credits --> Variable.

https://law.duke.edu/registrar/adhoc/

611

Readings 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester

This discussion course focuses on readings that explore connections between the law, the practice of law, the legal system, and issues of current societal importance or interest. Each section of the course is expected to have a different specific focus and different readings. This course is assessed on a credit/no credit basis.

611AB

Readings 0.5
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester

This year-long discussion course focuses on readings that explore connections between the law, the practice of law, the legal system and issues of current societal importance or interest.  Each of the course is expected to have a different specific focus and different readings.  This course is assessed on a credit/no credit basis.

613AB

Readings in Happiness & Decisionmaking 0.5
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester

This Readings seminar explores research on happiness and decision making, and the implications for legal systems, legal rules and life choices. Pursuing and maximizing happiness have long been prominent legal ideas, from Bentham and Jefferson to today. New research is generating direct measures of happiness (or subjective well-being) and comparisons across countries, demographic groups, activities, rules, choices, and different versions of happiness. A growing body of research in psychology, neuroscience, economics and law is investigating how people make decisions, and whether our decisions improve our happiness. In this Readings seminar, we will explore this research and its implications. Why are some societies and some individuals happier than others? What role for legal systems, lawyers, and our own choices? How well can people envision and pursue their own future happiness? What social cues and mental heuristics prompt us to make the choices we make? If we have difficulty making good choices, can the law help?

This is a yearlong course, with students receiving a total of 1 credit upon completion.  It is open to 12 students and meets for 7 sessions of 2 hours each, once per month, spread over the full academic year. For each session, we will read a book or a set of articles. Specific meeting dates and times will be arranged in consultation with the students.

616

Animal Law and Ethics Readings Seminar 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
This readings course will focus on legal, political, and ethical issues in animal advocacy. There are currently broad definitions of animal advocacy: for some, it is veganism or an abolitionist stand toward animal ownership; for others, it may mean loving their companion animals or working on a spay/neuter campaign. The goal of this class is to have lively and respectful debates about the legal, political, and ethical issues in animal advocacy, both in the United States and internationally. We will investigate these issues during the semester from the view of various stakeholders. Prior to each class, students will be responsible for submitting and posting a two page analysis of the assigned reading that will include at least two issues they would like to see addressed as part of class discussion.

617

Environmental Law Readings Workshop 0.5
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
The Workshop introduces LLM students in the Certificate in Environmental Law program to core readings on different topics of environmental law. Students are assigned readings selected by the faculty members teaching environmental law. Each class meeting is conducted by a different member of the faculty in environmental law. Students will write a paper in reaction to the readings, and the course will be graded credit/no credit.
**This class is available only to International LLMs who are pursuing the Certificate in Environmental Law. **

NOTE: This course receives 0.50 credits a semester for a total of 1.0 credits for the year course.

619

Readings: Commercial Law and Society in Historical Perspective 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent

Fraud, mortgage crises, banking regulation, tax evasion – these are bywords of our time but, of course, such concepts and concerns have a long history. Many of the foundations of modern law regarding property and obligation were laid in English courts in the eighteenth century –a period of remarkable commercial expansion, imperial overreach, and stock market plunges. How did developments in legal procedure and doctrine shape the course of socio-economic change in the modern age? And what kinds of impacts did commercialization and colonization have on English law in an era of expanding empire?

Readings will explore such questions through study of the development of the Anglo-American law of contract, mortgage, bankruptcy and trust. We will also explore these questions through comparative readings in the law of other places (in Europe, or Asia for example) and other times. In examining some exemplary cases, novels and magazines, and works of historical analysis, we will consider the different social, political, economic and cultural contexts within which seminal legal changes occurred.

This readings course will meet for 10 sessions of 1 1/2 hours each. Specific meeting dates and times will be arranged in consultation with the students. Requirements include class participation and completion of five 2-page response papers. 1 credit (graded on a credit/no credit basis). No exam or final paper, however students may, if they wish, receive 2 credits upon successful completion of an additional 15-page paper. Variable Credit.

619W

Readings: Commercial Law and Society in Historical Perspective, Add-On Credit 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper (10+ pages in length)
  • Add on credit

Students have the option to complete an additional 15-page paper in Law 619 Readings: Commercial Law and Society in Historical Perspective for an additional credit. *LAW 619W MUST be added no later than 7th week of class.*

621

Externship 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)

The Law School permits several types of externships: (1) Individual Externships; (2) Faculty-Mentored Externships; and (3) Integrated Externships. Please follow this link for details and rules governing each of these types.

http://law.duke.edu/about/community/rules/sec3#rule3-25

Variable credit. With permission only.

624

Capstone Project 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)

Capstone Projects are intended to be intensive, active learning projects, requiring significant effort in the planning and implementation, as well as preparation of a substantial final written work product. For approval of a Capstone Project, interested students must submit a written proposal. For more information, please visit https://law.duke.edu/academics/capstone/. Variable credit.

632

LLMLE Practicum 5
  • LLM-LE (1 year program) - required courses
  • Generally spring semester
  • Yearly; generally spring semester

The Practicum is the centerpiece of Law and Entrepreneurship LLM Program. During the semester, students work in startup companies, venture capital firms, regulatory agencies, law firms with entrepreneurial practices, and similar organizations. The goal of the program is to expose students to a wide range of entrepreneurial issues in a "real-life" setting. The Practicum goes beyond general coursework to provide specific, useful skills and information. It allows students to address the intersection of legal principles and practical business applications, in the context of entrepreneurship and early state enterprise. Each student joins a legal or leadership team, under the supervision of a mentor who is committed to guiding his or her professional development through the course of the practicum. Through the Practicum, the students are able to be highly competent legal practitioners, savvy business people, effective problem solvers and are skilled in transforming ideas.

633

Interrogations and Testimony Seminar 2
  • JD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
  • Shorter reaction papers
  • Class participation

This seminar will address the law of questioning in the criminal justice process. We will consider the obligations of suspects, witnesses, law enforcement, prosecutors, and defense counsel when evidence is developed through investigation and testimony. Topics include the protections that arise from the Fifth and Sixth Amendments and their role in police interrogations and trials; the nature and purpose of "confession" in the criminal justice process; the impact of advances in lie detection on criminal procedure; liability for false statements; credibility, impeachment, and the role of cross examination; eyewitness identifications; the use of informants; grants of immunity; and prosecutorial discovery obligations. Course evaluation will be based on written work and class participation. Each student will be responsible for leading one of our weekly discussions. The writing component is designed to accommodate both students with a general interest in the subject area and students who are developing a research agenda in criminal law and procedure. Accordingly, students may elect to write five short papers based on the assigned readings or to complete a sustained research project.

634

LLMLE Practicum for 3L JD-LLMLEs 3
  • JD-LLM-LE - general credits
  • Generally fall semester
  • Yearly; generally fall semester

The Practicum is the centerpiece of Law and Entrepreneurship LLM Program. During the semester, students work in startup companies, venture capital firms, regulatory agencies, law firms with entrepreneurial practices, and similar organizations. The goal of the program is to expose students to a wide range of entrepreneurial issues in a "real-life" setting. The Practicum goes beyond general coursework to provide specific, useful skills and information. It allows students to address the intersection of legal principles and practical business applications, in the context of entrepreneurship and early state enterprise. Each student joins a legal or leadership team, under the supervision of a mentor who is committed to guiding his or her professional development through the course of the practicum. Through the Practicum, the students are able to be highly competent legal practitioners, savvy business people, effective problem solvers and are skilled in transforming ideas.

636

Food, Agriculture and the Environment: Law & Policy 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Oral presentation
  • Class participation

In many areas of the country, and especially in North Carolina, sustainable, local food markets represent one of the most exciting opportunities for environmental stewardship, economic growth, value-added agricultural niches, job creation, and community building. However, these opportunities require careful and sustained attention to the legal and regulatory requirements at the international, national, state, and local levels, many of which inhibit the development of sustainable, local food systems.


The course will focus on (1) the interrelationship of food and agricultural production and environmental sustainability and (2) the ways in which the law influences, and can be used to overcome impediments to, the development of sustainable, local foods-based markets. Students will explore readings from a variety of sources, hear directly from guest speakers from North Carolina's strong network of organizations involved in the local foods movement, and delve into a research project of their own choosing.* Through the semester, students will gain an understanding of how legal rules interact with food safety research, physical infrastructure, personal consumption habits, patterns of private sector investment, race-based and other structural inequalities, to notions of community, underlying cultural and religious values, etc.

*This project will allow students to explore an issue of interest and contribute their knowledge to this developing field. Papers may be scholarly in nature, but students are encouraged to shape their projects as practical case studies that directly engage the issues and players in the local foods community.

639

Structuring Venture Capital and Private Equity Transactions Course Plus Offering 1
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Scheduled in-class examination
This course-plus component to the Structuring Venture Capital and Private Equity Transactions class will provide students with an intense, practical skills course that will teach basic and advanced document drafting skills, transaction strategy and business analysis for these types of deals. The class will focus on the basics of structuring a target organization and strategizing, preparing and negotiating the documentation for a strategic acquisition. Students will be exposed to transaction documents relevant to a strategic acquisition, including, among other things, term sheets and charters. Skills acquired in this course-plus offering will be translatable to other areas of practice and types of transactions and will provide aspiring lawyers and business people with a legal and business foundation that is critical to excelling in the corporate world.

In order to be enrolled in this course you must be concurrently enrolled in LAW 358 Structuring Venture Capital & Private Equity Transactions.

640

Independent Study 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM - writing requirement
  • Final research paper (25+ pages in length)

Per Rule 3-12, the Law School permits students to pursue independent study, approved and supervised by a member of the faculty. For more information, please visit https://law.duke.edu/academics/independentstudies/. With permission only.

 

641

EXTERNSHIP: Federal Public Defender's Office for the Eastern District of North Carolina 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • Generally fall semester
  • Yearly; varies, fall or spring semester

A semester-long integrated externship at the Federal Public Defender's Office for the Eastern District of North Carolina (Raleigh) under the supervision of Professor Jim Coleman. Up to eight students will work at the FPDO for sixteen hours each week mentored and supervised by attorneys in the FPD who also will serve as adjunct instructors. As part of the integrated externship, students will participate in a course co-taught by Professor Coleman and attorney adjunct instructors on Defending the Federal Criminal Defendant (Law 642). Other members of the faculty and outside guests also may contribute to the instruction.

BY PERMISSION ONLY.

Please follow this link for details and rules governing externships: http://law.duke.edu/about/community/rules/sec3#rule3-25

642

Defending the Federal Criminal Defendant 1
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • Yearly; varies, fall or spring semester
  • Generally fall semester

This is the course component of the semester-long integrated externship at the Federal Public Defender's Office for the Eastern District of North Carolina (Raleigh) under the supervision of Professor Jim Coleman (Law 641). Professor Jim Coleman and attorney adjunct instructors will provide instruction on Defending the Federal Criminal Defendant. Other members of the faculty and outside guests also may contribute to the instruction.

BY PERMISSION ONLY.

645

Second Amendment Research Tutorial 2
  • JD - general credits
  • Intermittent
  • Shorter reaction papers
  • Class participation

Research Tutorials give students an opportunity to engage with the production of legal scholarship in a substantive and sustained way.  This Tutorial will explore the history of gun rights and regulation in the United States, analyze the Supreme Court’s decision in District of Columbia v. Heller, and suggest doctrinal and theoretical tools with which to implement the new “individual” right to keep and bear arms.  Students will be asked to review and evaluate chapters of a forthcoming manuscript, participate in weekly discussions, and produce research memos in response to class discussions.    Students should expect to generate roughly 20 pages of written work product throughout the semester.

Enrollment in the Second Amendment Research Tutorial is limited to 8 students and there is a selection process for students to be enrolled in the course.  Interested students must apply with a statement of interest as follows: 

In no more than a page, please explain why you would like to participate in this Research Tutorial, and what you hope to contribute.  Factors could include curiosity or strong views about the Second Amendment, interest in legal scholarship, commitment to research and writing, or other interests and qualifications.

Statements of interest must be submitted to Marlyn Dail by the close of business on Tuesday, November 8.  The Registrar's Office will manually enroll the selected students in this course during the drop/add period. 

 

655

Spanish for Legal Studies 2
  • JD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
The purpose of the course is to introduce the students to the Spanish legal concepts and technical language used in the civil law tradition as applied in Latin America. The course will focus on Argentinean law. The course seeks to improve the Spanish oral and written communication skills of the students.
The course seeks also to expose the students to some of the main issues that may arise in the practice of law dealing with Latin America. Thus, there will be discussion of cultural, historical and political traits of the region in order to provide students with better tools as facilitators of human international relations between English and Spanish speakers, in the context of transnational legal transactions. The overall objective of the course is to enrich the possibilities that Spanish as a second language may bring to the profession.
Prerequisite: Spanish language skills sufficient to follow a class, participate and understand the written materials. If you have doubts about the degree of Spanish required please talk with the instructor before registration.

El objetivo del curso es familiarizar al estudiante con los principales conceptos juridicos y lenguaje tecnico que se utiliza en la tradicion del derecho civil en la America de habla castellana. El curso hara enfasis en el derecho argentino. Se busca mejorar las habilidades de comunicacion oral y escrita en el idioma castellano.
El curso busca tambien explorar algunas de las cuestiones principales que se le pueden presentar a un abogado extranjero en su practica con America Latina. Dentro de este proposito, se discutiran cuestiones culturales, historicas y politicas de America Latina para dotar de mayores herramientas al estudiante como futuro facilitador de la comunicacion humana, incluyendo las transacciones juridicas internacionales, para la utilizacion mas enriquecedora de las posibilidades que brinda un segundo idioma.
Pre-requisito: Dominio suficiente del idioma castellano para poder seguir una clase, intercambiar opiniones y comprender los materiales. Si se tiene dudas sobre el nivel de dominio del lenguaje necesario, por favor consulte al instructor antes de registrarse.

656

Strategies in Business Associations / COURSE PLUS 1
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester

This seminar takes selected legal issues from the course, Business Associations, and places them in a setting in which students make decisions that involve the weighing of legal, business, ethical and stakeholder considerations. The course will develop and analyze business transactions, in workshop settings, from the strategic perspective of a business lawyer in engineering transactions that minimize legal, tax and regulatory costs, address concerns of relevant stakeholders, and achieve the objectives of the client. Each student is part of a team who represents a distinct client in first developing in the context of a real-world problem what the optimal objective should be for the client, and then engaging teams representing other parties in the transaction, in the pursuit of the client's objective. In advance of each class, students prepare a team term sheet setting forth the client's objectives as developed by the team. There are six projects over the course of the semester. The goal of the course is to demonstrate how, in practice, legal principles interact among themselves and with non-legal considerations in the resolution of business issues.

*This class must be taken concurrently with Law 210 Business Associations.*

677

Duke Law in DC: Rethinking Federal Regulation 4
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • Generally spring semester
  • Yearly; generally spring semester

This course is open to students participating in the Duke in DC integrated externship program (LAW 679: Duke Law in DC Externship). The Rethinking Federal Regulation course is a graded 4-credit weekly class that focuses on trends in regulatory philosophy, competing models for regulation, the nature of administrative rulemaking and enforcement of rules and regulations, and some of the sources of regulatory dysfunction. Students will develop critical analysis skills that are necessary to evaluate federal regulatory law, and will produce a 30-page final paper for the course. This course is open to second and third year law students, by permission only. For more information, please visit https://law.duke.edu/curriculum/dukedc/.

679

Duke Law in DC Externship 9
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Generally spring semester
  • Yearly; generally spring semester

This 9-credit externship is one of three components of the Duke Law in DC experience, which also includes a seminar course and a substantial research paper. With the support of the Externship Administrator, students seek and secure a full-time externship position with a non-profit or government agency or office in Washington, DC. Duke Law in DC externship students have the opportunity to gain substantial hands-on experience in order to advance their academic and professional development while working under the supervision of an attorney on high-quality real-life work assignments.
Under the Duke Law Externship Program, a student must complete 50 hours of externship per externship credit; Duke Law in DC requires 450 hours of externship to be completed between the first day of classes and the last day of exams each semester. Students are required to submit bi-weekly reflection papers and hours logs to the Externship Administrator and course professor. Students will be graded on a credit/no credit basis, based on successful completion of the required externship hours and diligent submission of reflection papers and hours logs.

The Duke Law in DC externship program is open to second- and third-year law students, by permission only.

Please follow this link for details and rules governing externships: http://law.duke.edu/about/community/rules/sec3#rule3-25

9 credits / credit-no credit grading basis

683

Patent Litigation 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Oral presentation

This course will cover the basic aspects of patent infringement litigation, beginning with the pre-suit investigation and covering basic phases of the process through trial, including the initial pleadings, discovery, the Markman claim construction phase, pretrial and trial. The main focus will be on the practical aspects of this growing form of commercial litigation. Students would need to have completed, or be concurrently enrolled in, Patent Law to enroll in this course. Students will be assessed on the basis of two writing assignments, a Markman/claim construction brief and a summary judgment motion, and on an oral argument on their brief.

2 credits.

692

Juvenile Courts and Delinquency Practicum / COURSE PLUS 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Spring semester of odd-numbered years
  • Generally spring semester
This is another course-plus offering to be associated with the Juvenile Courts and Delinquency course to be offered for the second time here this spring by Tamar Birckhead of UNC. Professor Birckhead teaches a Juvenile Justice clinic at UNC, so this course-plus draws on some of the clinical-type training she routinely provides her UNC students. The course offers the students the opportunity to attend Juvenile Court sessions and use what they observe in those sessions in simulation and written exercises.

702

Alternative Dispute Resolution 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Take-home examination
This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR -all of which have gained wide-spread use as alternatives to traditional litigation. The survey encompasses three perspectives; the advocate's perspective in choosing the most appropriate ADR process in light of the different advantages and disadvantages of the various processes; the third-party neutral's perspective in facilitating or fashioning a just resolution of the parties' dispute; and the policy maker's perspective in utilizing ADR as a more efficient and cost effective substitute for traditional adjudication.

704

Elder Law 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Scheduled in-class examination
This course focuses on the fundamental issues in elder law. The topics range from broad ethical issues (representation, capacity) to an examination of specific laws and practices to assist clients in planning for retirement, possible incapacity, and death. Tax rules governing trusts and estates play important roles in such planning; we will draw on relevant tax laws as needed. Specific topics covered include: special needs trusts and other planning tools for incapacity; guardianships; wills and trusts; Medicare and Medicaid; health care decision-making; long-term care; and social security/income support.

707

Statutory Interpretation Colloquium 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Intermittent; usually, Spring
  • Final research paper (25+ pages in length)
  • Shorter reaction papers

The objective of the course is to introduce students to important issues concerning the theory and doctrine of statutory interpretation through exposure to cutting-edge legal scholarship. The colloquium will feature bi-weekly presentations of works-in-progress by leading scholars of statutory interpretation, legislation, and administrative law. In the week preceding each presentation, students will read and discuss foundational materials (a mix of academic commentary and case law) on topics related to the work-in-progress.

Students may opt to prepare six short (5-10 page) papers in response to each work-in-progress, which would be due in advance of the presentation and used to stimulate discussion. Alternatively, students may write one longer research paper (roughly 30 pages) dealing with a topic of their choice related to the themes of the class. Students who take the latter option may use the colloquium to satisfy the upper-level writing requirement.

710

Derivatives: Financial Markets, Law and Policy 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
  • Oral presentation
  • Class participation

Modern capital and financial markets rely on a wide variety of complex instruments, including Treasury securities, structured debt and equity instruments, and derivatives of various kinds.  Public awareness regarding these instruments has grown since the Financial Crisis of 2008 because they are thought to have played an important role in both the rapid growth of financial markets (“financialization”) and their destabilization.  Yet these instruments and the role they play in modern markets remain little understood.  A basic understanding of these instruments has now become important in modern financial law practice and any discussions on financial policy and regulation.

This course will review the workings of derivative instruments in the capital markets and how such instruments themselves are used.  The relationship between banking and capital markets, and between government and the private markets, will be explored, as will the most important legal and fiduciary responsibilities involved.  While not highly technical, the various principal types of government securities and derivatives will be examined. 

Warren Buffet once called derivatives “weapons of mass financial destruction.”  We will consider the numerous public policy issues relating to derivatives, their role in the Crisis of 2008 (and more recent financial distress such as the Eurozone crisis and the US debt ceiling controversy), the history of attempts to regulate these instruments, and the current regulatory structure.

Required Coursework

The 3-credit graded requirements for the course will be:

  1. A thirty-page paper, to be submitted by Friday, April 14 2017 (80%); the opportunity for JD writing credit will be given to the first five students who present research proposals, approved by me, commit to completing their drafts by Friday March 10 for grading and comments by me, and submit their final drafts in response to comments by the last day of class for the semester (when all papers will be due).
  2. An individual class presentation, of 20 minutes in length (10%), on the early draft of the 3-credit paper; and
  3. Overall class participation (10%).The course will be highly interactive and graded on this basis.

The course will be highly interactive and graded on this basis.

716

Information Privacy and Government Surveillance Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; varies, fall or spring semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Group project
  • In-class exercise
  • Class participation

The acquisition, management, analysis, dissemination, and security of personal information are increasing important issues for individuals, commercial enterprises and governments. New technologies create a more connected and personal digital society. Every day, transactions engaged in by individuals generate ever expanding amounts of personal information, including credit card transaction information, purchasing histories, bank and other financial transaction information, location information, health information, real property ownership information, information relating to interactions with the criminal justice system, information shared on social media and other types of information. Not only is the volume of personal information escalating rapidly; much of it resides on servers and storage media where it can be accessible or potentially accessible to commercial enterprises and government agencies. In both the commercial sector and the government sector, the legal and policy issues associated with personal information are growing in importance. Discussion of these issues in either sector cannot ignore the other, because the issues frequently intersect. They also transcend national boundaries. For example, in President Obama's proposals to revise government policy towards signals intelligence collection, he states that such policies implicate "the cooperation we receive from other nations on law enforcement, counterterrorism, and other issues; our commercial, economic, and financial interests, including a potential loss of international trust in U.S. firms and the decreased willingness of other nations to participate in international data sharing, privacy, and regulatory regimes ..." This intersection of issues creates particular challenges for existing constitutional, legislative and international governance models.

In the government sector, many of the most pressing problems relate to the national security state that has developed after the terrorist attacks on September 11, 2001. The crucial battleground for combating and preventing future terrorist attacks is the intelligence battleground. In the United States, as well as in other countries, efforts to acquire and properly analyze intelligence with respect to terrorists, their plans and their plots, have expanded dramatically. The tension between these efforts and individual privacy creates frictions that are forcing reconsideration of existing methods of mediating them. Similar reconsideration is occurring in the commercial sector, where consumers' desire for confidentiality in the data that relates to them can conflict with markets for information and commercial and entrepreneurial interests that wish to take advantage of such data to provide new goods and services that consumers value.

This course explores the legal and policy issues associated with concerns about information privacy, in the commercial and government sectors and in the intersection of these two sectors.
GRADING: 30% Class Participation, 30% Participation in a Class Debates and Debate Summaries, 40% 2 10-page response papers

717

Comparative Constitutional Design 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Final research paper (25+ pages in length)
Recent constitutional reconstructions in various parts of the world have called new attention to the problems of institutional design of political systems. In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions?

In the first half of the course, we will review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world. We will then examine particular features of institutional design in depth. These will include judicial review, presidentialism vs. parliamentarism, federalism, and the relationship of the national legal system to international law.

718

Collective Decisions and Individual Well-Being: An Introduction to Social Choice Theory 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Class participation

Social choice theory is the systematic study of how to synthesize individual preferences, or some other measure of individual well-being, into a collective ranking. Although scholars have worried about this problem for centuries, most intellectual progress in social choice theory has occurred in the last century—with Arrow's stunning "impossibility theorem," and the development of the notion of the "social welfare function." This latter construct serves as the foundation for many disciplines within economics (such as optimal tax theory or the economics of climate change). It also provides a rigorous and comprehensive framework for thinking about cost-benefit analysis—currently the dominant policy tool in the U.S. government.

This course will provide an introduction to social choice theory, with a particular focus on the social welfare function and on cost-benefit analysis. In the course of addressing these topics, we will also spend substantial time discussing the philosophical literatures on well-being and on inequality. What is the connection between someone's well-being and her preferences, her happiness, or her realization of various "objective goods"? And—on any conception of well-being—how should we structure policy choice to take account of the distribution of individual welfare? Addressing these questions is critical for thinking clearly about collective choice and, in particular, social welfare functions and cost-benefit analysis.

My book, Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis (Oxford University Press 2012), will serve as a kind of textbook for the course, with additional secondary readings from philosophy, economics, and the social choice literature. The course does not require advanced mathematics. However, students should not be "math phobic". The readings and our discussion will use some mathematical notation to communicate key ideas—as does, of course, any economics text on cost-benefit analysis--and students should not be afraid of seeing this notation. Students should also be prepared to engage in philosophical discussion.

The course will be taught as a 2-hour weekly seminar. Students will be asked to do the reading for each seminar; to write a short (one page or less) reaction paper; and to participate in class discussion. Students will also write a 20-page paper. First drafts of these papers will be due towards the end of the term. I will then meet with students individually to discuss their drafts, and final drafts will be due at the end of exam period. A somewhat longer paper (25 -30 pages) will satisfy the upper-level writing requirement.

720

Advanced Copyright: Digital Technologies 2
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Generally spring semester
  • Yearly; generally spring semester

This advanced copyright course will explore the legal and policy issues arising from the application of copyright law in the digital, networked environment. We will examine how the Copyright Act and traditional copyright doctrines have been adapted and applied by courts in an environment of rapid technological change, and what this means both for creators and users of creative works. The course will give particular attention to the scope and application of the author's various exclusive rights in a digital environment, doctrines of direct infringement and secondary liability as applied to Internet-based businesses and technologies, and questions relating to fair use, first sale, statutory licenses, and other defenses to infringement. We will explore in detail the Digital Millennium Copyright Act, including both the legal framework for the protection of technological protection measures and the safe harbor provisions protecting Internet Service Providers. Exploration of these and other issues will include detailed discussion of current legislative and related policy issues, major recent and ongoing litigation in the areas of Internet file sharing, cloud computing, and online video distribution, and new and emerging issues in the music, movie and interactive gaming sectors. This advanced course assumes a basic understanding of U.S. copyright law. Students should have completed the basic copyright or intellectual property course prior to taking this course.

722

International Business Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
  • Scheduled in-class examination
The goal of this course is to provide students with a broad overview of how international rules shape global commerce. It will serve as a foundation in international law for students who never plan to take another international law course but also serve as a roadmap of the possibilities for international law study (and careers) for students who want to do more with international law. The course begins with private, cross-border contracting, then moves on to public international law agreements as well. We start with conflict of law rules as well as international treaties designed to coordinate contract law (CISG). From there we dive into the world of private international arbitration, including questions of when state should not permit international arbitration. The course will also covers torts claims, particularly under the Alien Torts Claims Act. We will examine the Bhopal litigation before moving on to some of the cases that have been brought against major oil companies by citizens of developing countries. At that point, the course pivots towards more public law issues that govern international transactions. We look at the Foreign Corrupt Practices Act as well as the OCED Anti-bribery Convention. Finally, we turn to the major treaty regimes on economic subjects, including multilateral trade agreements and the network of bilateral investment treaties.

GRADING: Grades are based on an exam.

724

Intellectual Property, Public Domain, and Free Speech 3
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Intermittent
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Class participation

This advanced seminar examines current debates concerning intellectual property, the public domain and free speech, focusing in particular on digital copyright. The goal is to look at issues of academic interest but also considerable practical importance surrounding a central question: how is the public interest defined and defended in formulating the balance between intellectual property and the public domain?

The class will begin by exploring tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the United States and European Union. The class will then cover case law and legislation in both the US and EU in two contentious areas of information regulation: database protection and digital copyright. The class will conclude with an examination of current cases, legislation, and debates, including the controversies surrounding peer-to-peer file sharing, user generated content, and video sharing sites such as YouTube.

Grades for the seminar will be based on class participation, Sakai postings, and a final paper.

727

Current Issues in Constitutional Interpretation 1
  • JD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Final paper (10+ pages in length)

This seminar will examine important constitutional issues that have arisen in recent Supreme Court cases and will use those cases as a vehicle for considering broader questions of constitutional interpretation and Supreme Court practice, such as theories of interpretation and the role of stare decisis. Among the issues that may be studied are the Second Amendment right to keep and bear arms, the Sixth Amendment rights to counsel and trial by jury, the Eighth Amendment right to be free of cruel and unusual punishment, and the right to petition for a writ of habeas corpus. 

Enrollment for Current Issues in Constitutional Interpretation is limited to 15 students.  Only third-year students are eligible to apply for enrollment, as it is anticipated that students in their final year of law school will be best prepared to engage fully in the course.

The application window for the 2016-2017 offering of this course is closed.

731

Legal Strategy 3
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester

A theoretical and practical approach to appreciating the complexities of legal strategy. The course commences with 8 hours of lecture and discussion on a variety of analytic methodologies for addressing strategy - economic, psychological, game theoretic. The remaining 27 hours focuses on specific legal problems with intense role-playing to reinforce the application of these analytic tools in a realistic setting. The role playing will be supervised and reviewed by practitioners who are experts in the relevant legal problems.

734

Evidence in Practice 2
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Class participation

In seminar format, this advanced writing course will give students practical experience in dealing with evidentiary issues in a broad range of hypothetical legal situations based upon real cases. Students should either have previously completed Evidence, Law 245, or be taking it at the same time. Assignments and class discussions will focus on identifying and researching issues that arise in different procedural settings, analyzing them in writing, and presenting analysis orally. Issues relating to evidence and proof do not arise only in trials. They are relevant to attorneys' performance in many other procedural settings; ranging, for example, from mediations and contract drafting to appeals, motion hearings, deposition preparation, and witness preparation for trial and discovery. Instruction and writing assignments will survey burdens of proof and standards of review, the practical aspects and attendant difficulties when a lawyer must use different types of evidence to prove a fact or has no evidence, and ethical and strategic decision-making required in varying evidentiary scenarios. Taking the course will fulfill the Professional Skills Requirement.

Grade Basis: The course grade will depend upon class participation and the writing of four papers that, together, must total 30 pages.

Instructor: Diane A. Reeves

735

Advanced Criminal Law 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; generally fall semester
  • Generally spring semester
  • Yearly; generally spring semester
  • Final research paper (25+ pages in length)
  • Shorter reaction papers
  • Class participation

As studied in American law schools, criminal law is not only abstracted from criminal procedure but also centered around core principles (e.g., actus reus and mens rea, justification and excuse) and categories of offense (e.g., homicide, rape, inchoate crimes, and group criminality). Many substantive issues confined to the periphery of a standard criminal law course are of central importance to criminal law in real world practice. Moreover, one of the best ways to refine our understanding of the theoretical core of any subject matter is precisely to probe its periphery. In this seminar we will study important issues around the periphery of criminal law (or at least the periphery of the standard criminal law course), both for their intrinsic significance and for the perspective they may give us on the core of criminal law.

This seminar will unfold in three parts dedicated, respectively, to the limits of (a) crime, (b) criminal responsibility, and (c) punishment. In Part I, we will consider the boundaries of crime by reflecting upon several categories of offense that are under-studied in the standard criminal law course and test the limits of the substantive forms of conduct that it is legitimate and necessary to criminalize: possessory offenses (and pretextual crimes), misdemeanors, and theft offenses. In Part II, we will examine the margins of criminal responsibility by considering whether, why, and to what extent the criminal law ought to broaden its focus beyond offenders’ culpability for specific acts to concern itself with their unfair social and economic disadvantages and their criminal histories or lack thereof. In Part III, we will seek a better understanding of the nature and bounds of punishment by thinking about punishment as contrasted with such closely-related phenomena as criminal restitution, collateral consequences of punishment, and preventive detention

737

Environmental Litigation 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final paper (10+ pages in length)
  • Practical exercises
  • Class participation

During the past 40 years, environmental litigation in the federal courts of the United States has played an important role in shaping our quality of life.  Federal statutes designed to improve air and water quality, manage waste, protect species, and establish rules for the management of ocean resources have spawned numerous federal cases – some filed by affected industry, some by the government, and others filed by conservation groups and private citizens.  The resulting precedents affect many aspects of the environment in which we live.

This course introduces students to the progression of a hypothetical environmental case in United States federal courts.  The course begins with the appearance of a potential client, addresses several considerations relevant to a decision whether to file a complaint, examines discovery planning and execution, studies the preparation of dispositive motions, and concludes with an overview of the appeal process.  The course assumes that the hypothetical case will be decided on motions for summary judgment or for injunctive relief.  Therefore, class discussions focus on the manner in which such a case unfolds, with particular attention to developing both the facts and the theory of the case, framing pleadings, and designing and managing discovery.  The course explores these subjects from the perspective of counsel for defendants as well as for plaintiffs.  Students should emerge from the course better equipped to handle various practical aspects of litigation.

738

Financial Law and Regulation: Practitioner's Perspective 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Class participation

Every aspect of financial law and regulation depends heavily on its daily practice. The environment changes all the time, and the scope of regulatory discretion, at every level of government (state, federal and international) is so large that successful practitioners must understand the current trends in regulatory thinking and practice. This course will allow students to dive deep into a different aspect of modern financial regulation every week by bringing in prominent alumni practitioners who are experts in specific areas of the field.

Class will run from Feb 10th to April 15th and will consist of 12 class sessions that are 2 hours long.  Seven class sessions will be on a Friday afternoon and 5 class sessions will be on a Saturday morning.

739

Religious Laws 2
  • JD - upper-level writing (ULWR)
  • LLM-ICL - writing requirement
  • International LLM - writing requirement
  • Intermittent
  • Final research paper (25+ pages in length)

Not all law is state law. Among the most important, and challenging, non-state law we confront today are religious laws. Among those is first and foremost Islamic law, but also Jewish law, as well as the laws of other religions like Buddhism and Hinduism. The seminar will serve as an introduction to these laws and their role in the global legal world. We will learn about the nature and structure of different religious laws. We will discuss to what extent we can call such laws laws, and whether we can compare them to each other and to state law. We will ask to what extent state law is also religious. And we will discuss the role that religious law plays for state law today.

 

744

Philosophy for Constitutional Lawyers 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Class participation
This seminar will investigate the possibility and promise of substantive reason in constitutional law. Doubts that reason plays any non-instrumental role in constitutional decisions often reflect a broad skepticism that constitutional law can be anything other than political decision-making in disguise. We do not share that skepticism, but we readily concede that many constitutional arguments and opinions are poorly reasoned, and that constitutional lawyers often seem unable to offer a coherent account of what they are doing, or what constitutional decision-making is or ought to be, that doesn't collapse into a species of political choice.

Our goal is to explore some of the resources that contemporary philosophy may offer constitutional lawyers in the effort to understand and practice constitutional law as a distinct and coherent form of thought and decision.
Attention will be paid to the work of Alasdair MacIntyre and Ludwig Wittgenstein, among others.

Students will be expected to participate actively in class discussion and to prepare a seminar paper, which can be written to satisfy the upper-level writing requirement.

748

Employment Discrimination: Course Plus 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Intermittent
This course supplements Employment Discrimination (Law 232), in which students must be concurrently enrolled to participate. Half of the weekly sessions will employ a traditional seminar format designed to allow students to explore in greater detail many of the policy issues underlying employment discrimination law, including scholarly critiques of existing doctrine. The other sessions will utilize experiential learning techniques crafted to familiarize students with real-world challenges faced by lawyers practicing employment discrimination law. Using problems and simulations drawn from recent cases, students will be asked, among other things, to engage in fact investigation, to develop litigation strategies, to draft litigation documents, and to develop employment policies that may be utilized by employees and employers. The class meets weekly for one hour.

749

Strategies in Commercial Transactions 1
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester
This seminar takes selected legal issues from the course, Commercial Transactions, and places them in a setting in which students make strategic decisions that involve the weighing of legal, business, ethical and human relations considerations. The focus of the course is on technology start-ups. The emphasis in this seminar will be on debt arrangements, venture capital, security devices, and bankruptcy planning. The goal of the seminar is to underscore how legal principles interact with other non-legal considerations in the resolution of business problems.
Scott Merrell,a practitioner with extensive experience in start-up transactions will co-teach the seminar. Students will work on a series of problems and will complete written responses and proposals, which will be reviewed and critiqued by the instructors. A prior or concurrent course in Business Associations is strongly advised.

In order to be enrolled in this course you must be concurrently enrolled in LAW 215 (Commercial Transactions)

753

Law and Literature: Race & Gender 3
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Spring semester of even-numbered years
  • Final paper (10+ pages in length)
  • Shorter reaction papers
  • Class participation

This seminar uses contemporary fiction to explore the intersection between literary and legal studies, with a particular focus on race and gender. Through literature and some film, the seminar examines the role of law in the structure of conflict, personal relationships, social hierarchy and social change, with attention to privilege, perspective, and voice. Authors include Margaret Atwood, Richard Wright, Kazuo Ishiguro, Aravind Adiga, Toni Morrison, Ursula Hegi, and Nella Larsen.

Grades will be determined from class participation, weekly response papers, and final paper pursuing a theme from the course.

754

IP Transactions 2
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  • Generally spring semester
  • Yearly; generally spring semester
  • Scheduled in-class examination
  • Final Exam
  • Class participation

Patents, trademarks, copyrights, and trade secrets are the currency of an innovation economy. Each of these forms of intellectual property may be bought and sold, licensed, or used as security. How each is used will depend on the business context; the needs of a start-up company being far different from those of a multinational corporation. This course will focus on intellectual property transactions in various business contexts, including: maximizing value and assessing risks; using intellectual property in financing start-ups; protecting trade secrets; employment issues related to intellectual property; intellectual property licensing; and intellectual property in mergers, acquisitions and bankruptcy.

758

Originalism and Its Discontents 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Final research paper (25+ pages in length)
  • Shorter reaction papers
  • Class participation

Originalism is a major school of constitutional interpretation and a growing field of study. Both public discourse and legal practice commonly feature originalist arguments as well as criticisms of originalism. To engage these arguments, lawyers and citizens should be able to weigh the merits of a diverse set of originalist theories. This course is designed to acquaint you with a number of originalist and nonoriginalist arguments; enable you to judge for yourself the strengths and weaknesses of each; and give you an opportunity to sharpen your own views on the topic. It examines various originalist theories (original intentions, original meanings, original methods, and so on), different emphases in originalist argumentation over time (the “old” originalism vs. the “new”), and forms of argument used in support or opposition (conceptual, normative, positive). The course will be taught as a two-hour weekly seminar, focused on class discussion of the readings. Each student will choose weeks in which to submit a total of eight short papers (5-8 pp.) in response to the readings. These papers will be circulated to all participants via Sakai and will serve, together with my own comments at the start of each session, as a basis for class discussion. Alternatively, students may instead pursue independent research projects related to originalism, submitting first and final drafts (~30 pp.) in compliance with the upper-level writing requirement. Students choosing this option must do so prior to the close of the Drop/Add period.

760

A Practitioner's Guide to Labor Law and Employment 2
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Shorter reaction papers
  • Practical exercises
  • Class participation

This course is designed to provide a practical overview of the main labor and employment law issues that arise in the U.S. workplace. Using a variety of approaches to instruction including mock exercises, outside speakers, writing exercises (such as drafting communications to government agencies or corporate clients), and drawing from current developments in the law, instructors familiarize students with the basic concepts underlying the broad range of labor and employment law. Students will explore issues from multiple perspectives including the employee, the employer, the union, and compliance enforcers. As a result of this course, students will attain an advanced, yet practical familiarity with such issues that can be applied in any business context. The course will be co-taught by practicing attorneys who have experience both as private practitioners with large firms and as corporate officers for a Fortune 125 company (former partner in private practice and Senior VP of Human Resources for a Fortune 125 company; General Counsel of a $1 billion privately-held company, formerly Deputy General Counsel with a Fortune 125 company). Students should have taken the basic labor law course or have a familiarity with the National Labor Relations Act and Title VII of the Civil Rights Act. A Liberal Arts background (knowledge of history, sociology, and/or political science) is a plus.

Please note that class attendance and active class participation count heavily toward the final grade. Participants should expect several shorter (2-3 pages), practice-oriented writing assignments.

765

Introduction to Technology in the Law Office 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Final paper (10+ pages in length)
  • Group project
  • Oral presentation
  • Practical exercises
  • Class participation

Technology is changing the practice of law in all fields and venues. This course will provide you with the theoretical and practical foundation to understand these changes and to positively impact your firm's or organization's responses to such challenges. Areas of focus include ethical obligations surrounding technology use; privacy and security; practice management; electronic discovery; information literacy (including advanced research techniques) and media literacy; and presentation and courtroom technology. Readings and guest speakers will address both general technological issues as well as specific legal and ethical ramifications. Students will be graded on participation, exercises and a final project that is presented both in class and in writing.

771

Advanced Torts 3
  • Intermittent
  • Scheduled in-class examination

American law attempts to protect individual interests in personal dignity and to guarantee a robust system of free expression. Both concerns are implemented, in part, through the common law of dignitary torts, and US constitutional law addresses their overlap and potential conflict. This course will cover the torts of defamation, invasion of privacy, and intentional infliction of emotional harm, and the related constitutional doctrines that the Supreme Court has developed since 1964.  J. Powell

773

Research Methods in Business Law 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester
  • Practical exercises
  • In-class exercise
  • Class participation

This one-credit seminar in advanced legal research will introduce students to specific sources and strategies for researching a variety of business law topics, including corporations, securities, and commercial bankruptcy and reorganization. We will cover key primary and secondary sources for business law research: state and federal cases, statutes, regulations, and other administrative materials; subject-specific secondary sources; company disclosure documents; and sources for factual company research, among others. The course will emphasize research process, strategies, and evaluation of print and online sources in a changing information environment. Students will develop their research skills through a variety of hands-on exercises. Grades will be based on in-class and take-home research exercises, class participation, and a final research project.

Because this is a fast-track course, attendance at the first class session is mandatory.

774

Taboo Trades & Forbidden Exchanges 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester

This class examines exchanges and transactions that are traditionally taboo, and sometimes illegal. Importantly, what constitutes a taboo trade is culturally dependent, changing over time and across cultures. For example, typical taboo trades in modern western societies include organs, blood, babies, sexual relations, votes for money, and a wide range of other issues. In other cultures and other times, however, humans were sold as a matter of course, whereas land was considered inalienable.

Students will discuss reading selections from law, economics, anthropology, psychology, and sociology. During most class meetings, we will host speakers (generally visiting faculty from other law schools) who will discuss current projects related to taboo trades.

775

Corporate Governance and Ethics 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Yearly; generally spring semester
  • Generally spring semester

This course is a one-credit seminar taught in two-hour blocks that focuses on the important role played by the board of directors and its relationship with the corporate ethics office to ensure an ethical corporate culture. As we have learned from a series of corporate scandals starting with Enron and continuing through the events that contributed to the financial crisis of 2008, despite the emphasis placed on corporate ethics and good governance practices required by legislation such as SOX and the Dodd-Frank Act, much work remains to be done. The course is designed to be highly interactive, and students in the course will be challenged to examine the role played by the board, certain standing committees of the board, and the corporate ethics office as necessary to provide proper oversight of the corporation.

776

Supreme Court Litigation 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester

This course has three objectives:  

  1. To gain a working knowledge of the unique role the Supreme Court plays in our legal system—identifying and resolving important disputed recurring issues of federal law—and of the demands thus placed on lawyers who practice before it;
  2. To provide a very intense experience in honing your legal writing skills, by the preparation of two short (10-12 page double spaced) briefs reflecting different phases of Supreme Court litigation, each to be prepared over a separate four week period, with on-going one-on-one interaction with the professor and detailed comments on the final brief;
  3. To study the oral argument process as now practiced in the Court, including moot court arguments be each student in a current case, study of actual arguments from the present Court Term and, if possible, attendance at one or more moot courts by arguing lawyers and discussions with those lawyers.  

    The uniqueness of practice in the Supreme Court stems primarily from the certiorari process, by which the Court identifies the 1% of petitioning cases it will hear on the merits. Lawyers on both sides must convince the Court that the case at hand does or does not present a legal issue of sufficient moment and controversy as to presently demand the Court's attention. We will discuss in detail the features of a case that enhance or detract from its chances for certiorari.  After a case is granted and goes forward on the merits, the selective nature of the Court's jurisdiction—and its focus on resolving recurring legal issues rather than simply deciding cases—shapes the lawyer's approach to the case in important ways, which will be considered in class sessions dealing with the drafting of merits briefs and the role that amicus briefs play in the Court's work.

    All of these goals will be pursued through the study of three or four actual cases from the present Term.  The greatest amount of effort, by both the students and the professor, will be invested in the two short brief writing assignments.  These assignments, an Opposition to Certiorari and a Reply Brief on the merits, will demand both an understanding of the nature of the Supreme Court's process and a firm grasp on the law and facts of the particular case.  In both instances you will prepare an outline, meet with the professor to discuss your approach, and then prepare the final brief.  Neither brief will require extensive research beyond the materials cited in the case filings you will be provided with.  Both briefs will demand an ability to think and write in clear simple English, and self-critically evaluate and revise what you have written—with feedback from the instructor - to make it as coherent and persuasive as possible to the Justices and their clerks.    A limited number of students may satisfy the upper-level writing requirement through an additional credit of work and with the permission of the instructor.  

777

Deal Skills for the Transactional Lawyer 3
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM, Business Law Certificate
  • International LLM/Exchange/SJD - general credits
  • Generally spring semester
  • Yearly; generally spring semester

This course is designed to prepare students for transactional law practice, with emphasis on the practical skills required by the M&A lawyer at each stage of the deal-making process.

Topics covered will include:

The course will be highly "hands-on." Students will be assigned to lawyer "teams" and will represent the prospective buyer (or seller) in connection with a hypothetical deal. During the term, student teams will complete a series of drafting assignments, including a client memorandum recommending a structure for the deal; a letter of intent; a set of due diligence requests; a Due Diligence Report; and a complete acquisition agreement (drafted in segments over a period of weeks). In-class exercises will include a weekly review of the teams' drafts, and a discussion of strategies and approaches to drafting issues. In addition, teams will engage in several negotiating sessions with opposing counsel involving the terms of their draft acquisition agreement.

  • Advising the client regarding the most appropriate structure for an acquisition (stock purchase, asset purchase, merger or hybrid structure)
  • The use of terms sheets and letters of intent (and when not to use them)
  • Preparing for, organizing and conducting a due diligence review of the target
  • Understanding the business deal and translating it into contract language
  • Understanding the meaning (and purpose) of standard agreement provisions
  • Drafting an acquisition agreement
  • Strategies for negotiating the terms of an acquisition agreement
  • Closing an acquisition transaction

778

Law & Entrepreneurship 2
  • JD-LLM-LE - required courses
  • LLM-LE (1 year program) - required courses
  • International LLM, Business Law Certificate
  • Yearly; generally fall semester
  • Generally fall semester

This perspectives course serves as an anchor for the E-LLM program. In addition to giving students a theoretical framework through which to understand the relationship of entrepreneurship and law, the course will feature regular opportunities to learn directly from entrepreneurs and entrepreneurial lawyers.

779

Well-Being and the Practice of Law 1
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
Optimistic, happy people outperform their counterparts on almost every measure of job success with the notable exception of one group: lawyers. Psychological research suggests that on the whole pessimists perform better in both law school and private practice. Since research also shows that pessimism can be a predictor of depression and/or lower levels of life satisfaction, this raises a question among academics who study well-being: what do we do about the lawyers? Or is the research insufficient to make such sweeping claims?

This class will examine why the "pursuit of happiness," a phrase written by a lawyer, has proved futile for many members of the legal profession and those aspiring to its ranks.There is considerable data (that predates the current economic crisis) indicating that lawyers and law students suffer from greater rates of depression and anxiety than other professions, along with accompanying social maladies such as substance abuse. There is also considerable evidence of high career dissatisfaction among lawyers, and many others are leaving the profession or performing well below their capability. This seems unfathomable given the high levels of education, affluence, and respect lawyers enjoy (or will enjoy), factors which predict happiness and job satisfaction in other areas of life.
This class will present the research to date on lawyers and happiness. We will examine the scientific data and academic literature on lawyer maladies, while examining holes in the collective wisdom and why the majority of lawyers are quite content. While acknowledging the very real problems of the profession, we will address the question many lawyers and law professors legitimately ask – so what: who said lawyers are supposed to be happy? We will then review simple actions law schools, bar associations, law firms, and individuals can take to improve the collective health of the profession, as well as the productivity and engagement of its individual practitioners. In the course of so doing, will learn the basic well-being measurement tools and practice interventions shown to increase individual happiness. This is a serious course grounded in the latest science; while there will be fairly intensive reading and writing requirements, they will be within the bounds of a one-credit hour course, and should add to the overall well-being of each student.

781

Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  • Yearly; varies, fall or spring semester
  • Generally fall semester

This course will begin by exploring the historical structure of incentives in music and the changing economics of music production, including the preconditions for thinking of music as "property" and the gradual shift from patronage to a market-oriented system. It will then proceed to examine music's unusually complex and increasingly fraught relationship with copyright law. The fundamental notions of originality and illicit copying are at odds with both functional limitations and long-standing aesthetic practices in music, such as the long history of accepted borrowing. As a result, there is an unusual body of music-specific case law that features intriguing circuit splits, vigorous disputes about expert testimony and prior art, and specialized doctrinal issues. Students will gain an in-depth knowledge of these issues, and then apply this knowledge in a mock trial based on the recent case involving the song "Blurred Lines." The course will also cover the complicated licensing schemes that attach to different uses of music, from traditional revenue streams to fresh disputes regarding royalties for new uses such as ringtones and streaming services. It will conclude with an in-depth examination of the ongoing debates about how both the law and business practices might adapt to the new musical forms (such as sampling and remixing) and business models (such as do-it-yourself distribution) enabled by digital technology. Throughout the semester, the course will include a special focus on current and ongoing disputes, issues, scholarship, and proposals.

 

785

Legal Writing in Civil Practice 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally fall semester
  • Generally fall semester
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other
Writing is integral to most aspects of state and federal civil law practice including communicating effectively with clients, asserting clients' rights, and advocating for clients in litigation. This two-credit hour advanced writing course helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs. Assignments will be based on a number of substantive issues of statutory and common law including property, contracts, torts and civil procedure. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions with students building a portfolio of their work during the course of the semester. Research skills will be reviewed and practiced. In addition to content analysis and structure, emphasis will be placed on the ethical and professional considerations involved with each assignment. The semester will culminate in oral arguments on motions before members of the bench and bar.

787

Writing: Electronic Discovery 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; varies, fall or spring semester
  • Generally fall semester
  • Final paper (10+ pages in length)
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other
  • Variable by section
This two-credit-hour advanced writing course will help prepare students for the types of writing that are common to complex civil litigation, while introducing them to electronic discovery, with a focus on practice in a large law firm. Because most complex civil litigation and federal white collar investigations now involve e-discovery, understanding the financial, organizational, and ethical challenges it poses is critical to today's practitioners. Writing assignments will all surround one hypothetical federal lawsuit that raises common e-discovery issues. Students will be associates in a hypothetical law firm and will handle the e-discovery aspects of the firm's defense of the lawsuit.

Priority in registering for this course is given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LLM students are allowed to enroll if fewer than fourteen J.D. students enroll.

789

Writing: Federal Litigation 2
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

This course will provide students with the opportunity to learn several different types of persuasive writing used in federal litigation. The course will focus on one hypothetical matter involving federal law.

Priority in registering for this course is given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LLM students are allowed to enroll if fewer than fourteen J.D. students enroll.

791

Judicial Writing 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Yearly; generally spring semester
  • Generally spring semester
This course is intended to appeal to any student who seeks a judicial clerkship or aspires to be a judge, or who simply wants to learn more about how and why judges write judicial opinions. Students will consider the complexities of being on the bench, including judges' relationships with the public, with lawyers, with other judges, and with their clerks. The students will try their hands at formats and styles unique to clerking or judging, including a bench brief, an analytic paper, and an appellate-court opinion.

794

Law in Slavery & Freedom: From the Historical to the Contemporary 2
  • JD - general credits
  • JD - upper-level writing (ULWR), add-on credit
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Intermittent
  • Shorter reaction papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

In this seminar we explore the ways in which slavery, long defined in the Americas as the ownership of property in human beings, interacted with the structures and practices of law across multiple jurisdictions, including the United States, the French colonial Caribbean, and British West Africa. We will examine how law addressed the category of “slave” and codified the power of slave owners, and how those held as slaves interacted with legal institutions and practices, both civil and criminal. We will also ask when and whether that law sometimes provided a means by which to exit the status of slave and find formal freedom.

 

In two sessions near the end of the semester we will discuss contemporary slavery and human trafficking, and explore legal strategies that have been employed to combat such practices, including the use of domestic criminal and labor law (in Brazil and the United States), and international law (particularly in the Interamerican Commission on Human Rights, and in the European Court of Human Rights).

794W

Law in Slavery & Freedom: From the Historical to the Contemporary/ Writing Credit
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Final research paper (25+ pages in length)

Students enrolled in Law 794 Law in Slavery & Freedom:  From the Historical to the Contemporary, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 794W must be added no later than 7th week of class.*

796

Writing in Civil Practice: Sport Arbitration 2
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Generally fall semester
  • Yearly; varies, fall or spring semester
  • Final paper (10+ pages in length)
  • Practical exercises
  • Class participation

This advanced writing seminar will help prepare students for the types of writing that are common to all civil litigation, while introducing them to oral and written advocacy in an arbitral setting. As access to courts becomes increasingly difficult due to overcrowding and budgetary constraints, and given the limited number of cases that make it to trial due to the cost of litigation, familiarity with the process of litigating in an alternative forum is critical for today's practitioners. Assignments will arise from a hypothetical arbitration over the proper interpretation of a provision in a collective bargaining agreement between a sports organization and its players' union.