Course Browser

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

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

NOTE: Course descriptions are in the process of being updated, and many still include reference to remote teaching during the 2020-21 academic year. With very few exceptions, all Fall 2021 classes will be taught in person only.

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice

69 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

200

Administrative Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 19
  • Spring 20
  • Fall 18
  • Spring 19
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Final Exam

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.

235

Environmental Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 18
  • Fall 19
  • Fall 20
  • Fall 21
  • Final Exam
  • Research and/or analytical paper(s), 5-10 pages
  • Class participation

This course examines the laws governing interactions between human activities and the environment.  These include the laws governing the air, water, toxic chemicals, hazardous waste, resource use, biodiversity and ecosystems, and climate change.  The course focuses on the U.S. legal system, with some comparative analysis of the law in other countries and international regimes.  The course assesses key features of these environmental laws, including the rationales for environmental protection (e.g. ethical, economic); the choice of regulatory policy instruments (e.g. standards, taxes, trading, information disclosure); and the roles of different levels of government (e.g. local, state, national, international), branches of government (e.g. legislative, executive/administrative, judicial), and non-governmental actors.  We will study how these laws handle key questions such as:  (i) How serious a problem is it?  (ii) How much protection is desirable, overall and regarding distributional impacts?  (iii) How best to achieve this protection?  (iv) Who decides and acts upon these questions?  The course helps develop critical skills including statutory and regulatory interpretation, regulatory design, policy analysis, case law analysis, and litigation strategy.   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.  Law students (e.g. JD, LLM, SJD) should enroll in Law 235, while students from outside the Law School (e.g. MEM, MPP, MBA, MA, PhD) should enroll in Environ 835, and may contact the Nicholas School registrar, Erika Lovelace, e.love@duke.edu , with any questions about enrollment.  (The Law School and the professor teaching this course do not have “permission numbers.”)  For undergraduate students, the Nicholas School offers a different course, Environ 265.

255

Federal Income Taxation 4
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Final Exam

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

In planning their course schedules, students should keep in mind that Federal Income Taxation is a prerequisite for most other federal tax courses, including corporate tax, partnership tax, international tax, and the tax policy seminar.  For this reason, students who might want to take one or more advanced tax courses are strongly encouraged to take Federal Income Taxation during their second year of law school.

270

Intellectual Property 4
  • JD elective
  • LLM-LE (JD) required
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Fall 18
  • Spring 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Final Exam

This course provides an introduction to copyright, trademark, and (to a lesser extent) patent law and trade secrecy. It does not require a technical background of any kind.  The course begins with an introduction to some of the theoretical and practical problems which an intellectual property regime must attempt to resolve; during this section, basic concepts of the economics of information and of the First Amendment analysis of intellectual property rights will be examined through a number of case-studies. The class will then turn to the law of trademark, copyright, and patent with a particular emphasis on copyright, developing the basic doctrinal frameworks and discussing the advantages and disadvantages of each. We will focus in particular on a number of areas where the theoretical tools developed at the beginning of the class can be applied to actual problems involving a full panoply of intellectual property rights; these areas include intellectual property on the Internet, the constitutional limits on intellectual property, and innovation, monopoly and competition in the technology sector. The overall theme of the course is that intellectual property is the legal form of the information age and thus that it is important not only for its enormous and increasing role in commercial life and legal practice, but also for its effects on technological innovation, democratic debate, and cultural formation. Much of our doctrinal work will be centered around a series of problems which help students build skills and learn the law in a highly interactive setting. You can also download the casebook for the class here – for free – to give you a sense of the topics that are covered. 

285

Labor Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Fall 18
  • Fall 19
  • Fall 20
  • Fall 21
  • Final Exam

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 race, psychology, economic history, politics, and emerging cultural and social 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.

Labor law lends itself to lectures, discussions, and practical exercises, so your participation in and out of class is important and will be considered in your final grade. 

288

Consumer Bankruptcy & Debt 2
  • JD SRWP, option
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntlLLM Business Cert
  • PIPS elective
  • Spring 19
  • Spring 20
  • Spring 21
  • Fall 21
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 10-15 pages
  • 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, and will also cover the foreclosure crisis, student loans, and issues related to debt, race, and gender. The readings will come from law and non-law sources, including the work of a variety of social scientists.

Due to substantive overlap in material for the coming semester, students may not concurrently enroll in Law 288: Consumer Bankruptcy & Debt and Law 586: Current Debates in Bankruptcy Law. However, if you've taken one of the courses in a previous semester and wish to take the other, that will be permitted.

295

Trusts and Estates 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • Spring 19
  • Spring 20
  • Spring 21
  • Spring 22
  • Final Exam
  • Class participation

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 elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 18
  • Fall 19
  • Fall 20
  • Fall 21
  • Final Exam

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.

The final grade for this course will be based upon several factors, including a final exam, discussion team memos and presentations, and class participation.

302

Appellate Courts 2
  • JD SRWP
  • JD elective
  • PIPS elective
  • Spring 21
  • Spring 20
  • Spring 22
  • Research paper, 25+ pages

This course will examine the practices and powers of American appellate courts, with a particular emphasis on the federal courts of appeals.  Our discussion will focus on the goals of these institutions and the extent to which individual components of the appellate decision-making process—including oral argument and opinion-writing—further those goals.

We will begin with an overview of the function of appellate courts—why they were created and what we expect of them today.  We will then move to the specific components of appellate adjudication, including mediation, briefing, oral argument, and judgment, as well as the personnel who contribute to the adjudication process.  Finally, we will consider the ways in which the appellate courts have been affected by an increasing caseload, and proposals for alleviating the strain on the courts.

Ultimately, the goal of the course is to expose you to how appellate courts operate and the purported goals of these institutions.  Over the course of the semester, you should also be evaluating what you think are the fundamental objectives of appellate review and whether the current structure of the courts allows them to meet those goals.

Evaluation in the course will be based on a final research paper, which may be used to satisfy the SRWP.

304

Big Bank Regulation 4
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Fall 18
  • Fall 19
  • Fall 20
  • Fall 21
  • Final Exam

Banking has evolved rapidly in just a few years. Global trade and investment have 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, 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 continued to be an important public policy concern in the 2016 Presidential election campaign and is certain to be so for the 2020 election. 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 Dodd-Frank framework has been emerging. This framework has fundamentally changed the way in which such financial institutions are regulated. After more than a decade of reform, however, the framework remains controversial, at least in the United States, and executive and congressional efforts to reverse the Dodd-Frank and Basel models were deployed under the previous Administration, with some success. This controversy has now become more complicated in light of actions taken by the Treasury Department and the Fed to address financial and economic difficulties inflicted by COVID-19. Climate change is also starting to have a deep impact on financial markets, and this in turn is shaping some of the actions of regulators and banks. 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 all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and future challenges and prospects for global and domestic financial reform. 

 

306

Corporate Crime 4
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Spring 20
  • Spring 21
  • Fall 21
  • Final Exam
  • 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 and employees involved in potential criminal violations (and certain civil analogues), and the law that governs those processes; 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, students should not expect this to be that form of law 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 newly published text, which is the outgrowth of former course packs. The text will be available in bound book form for approximately $28 through Amazon, or in pdf form at no charge from the course website. There may be occasional handouts. Assigned readings average 30 pages per class meeting, with less case law and more fact-based practice documents, problems, and commentary than with a typical case book. The grade will be based primarily on a floating take home exam, with some weight given to class participation.

307

Internet and Telecommunications Law & Policy 3
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • PIPS elective
  • Fall 21
  • Final Exam
  • Class participation

This course will examine the regulation of technology, and specifically the technology of Internet and telecommunications. We will examine the possible application of antitrust law and more specific forms of regulation, and will consider pending policy proposals. We will also examine the constitutional (principally First Amendment) constraints on any such regulation.

311

Election Law 3
  • JD elective
  • JD SRWP
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Spring 20
  • Research and/or analytical paper(s), 10-15 pages
  • Research paper, 25+ pages
  • Reflective Writing
  • Group project(s)
  • 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.

316

Intro to Cyber Law and Policy 2
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntllLLM IP Cert
  • PIPS elective
  • Fall 20
  • Fall 21
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages

This course will provide an introduction to the dynamic and rapidly evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors, and will consist of three major components:  (1) an overview of today’s threat landscape and the legal frameworks governing approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare; (2) an exploration of legal and policy issues surrounding the collection of personal data, with a focus on both domestic and international data privacy protections; and (3) a study of the impact of data-intensive emerging technologies (e.g., Internet of Things, platform media, machine learning, fintech), with an emphasis on how law and policy can ensure technology is used ethically and fairly.  Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time.   This course is introductory in nature and no technical background is necessary. 

Note: Students who have taken Law 609, Readings in Cyber Law with Stansbury, may not take Law 316, Intro to Cyber Law. 

320

Water Resources Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntlLLM Environ Cert
  • PIPS elective
  • Spring 20
  • Spring 19
  • Spring 21
  • Spring 22
  • Research paper, 25+ pages

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 SRWP
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Spring 20
  • Spring 19
  • Spring 21
  • Spring 22
  • Reflective Writing
  • Research paper, 25+ pages
  • Class participation

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 elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • Spring 19
  • Fall 19
  • Fall 20
  • Spring 22
  • Final Exam

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.

327

Energy Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 18
  • Fall 19
  • Fall 20
  • Fall 21
  • Final Exam

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

For Fall 2020, final grades will be comprised of the following:

  1. Final exam, open book/open note one day exam: 60%
  2. Case study discussion leader: 25%
  3. Class participation and current events: 15%

The case study will be a group project where students will be assigned a case study. The group will lead the class discussion and exercise on the case study. In addition, each student in the group will prepare a 3-page policy brief that advocates for an outcome to a decision maker. The grade will be based on both the group discussion and the policy brief.

Students will also be responsible for submitting discussion questions on the readings and short reflections on current events weekly. Students must submit questions for at least 10 weeks.

329

Education Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Fall 18
  • Fall 19
  • Research paper, 25+ pages
  • 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.

332

Coded Governance: Blockchains, Smart Contracts, and Cryptoventures 2
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Spring 20
  • Reflective Writing
  • Research and/or analytical paper(s), 5-10 pages
  • Oral presentation
  • Practical exercises
  • Class participation

This course examines distributed ledger/blockchain technologies and computational law, and the related evolving regulatory environment. Topics covered include cryptocurrency use and regulation, legal forensic analysis of tokens, ethereum-based smart contract governance frameworks, patent strategy, and the professional responsibility considerations when working in a space that is popular, but not well understood. Students will learn about distributed ledger technologies and even get an introduction to programming a decentralized game. No previous programming experience is needed for this course, but a willingness to read and reread and discuss technical documentation and literature is essential. The course will conclude with a final packet of coursework for grading purposes.

333

Science Law & Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • IntllLLM IP Cert
  • Fall 18
  • Fall 19
  • Fall 20
  • Fall 21
  • Final Exam
  • Reflective Writing
  • Practical exercises
  • In-class exercise
  • Class participation

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 (i.e. your grade) will be based on class participation and a final exam.

All MA, PhD and JD/MA students should register under BIOETHIC 704 – approval of professor is required. All law students (other than JD/MAs) should register under LAW 333.

341

FDA Law & Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • PIPS elective
  • Spring 19
  • Fall 19
  • Final Exam

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.

347

Health Care Law and Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Spring 19
  • Spring 20
  • Spring 22

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 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Spring 20
  • Spring 19
  • Spring 21
  • Spring 22
  • Final Exam
  • Class participation

This 3-credit course will provide an overview of immigration law and policy. It will examine the legal, social, historical, and political factors that constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law.

367

Advanced Topics in Administrative Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Research paper, 25+ pages
  • Class participation

The objective of this course is to provide students the tools to delve deeper into policy questions that are currently arising in administrative law: What is the purpose of the administrative state?  How is it serving the public?  What are the costs and benefits of agency specialization and independence?  To what extent is public participation helpful in maintaining accountability?

Because administrative agencies are decision-making bodies that are not directly accountable to the electorate, accountability is often achieved by encouraging public participation, transparency, and notice.  This course will explore these themes in the context of selected administrative law topics.  Example topics include: agency capture, independence of administrative law judges, over-specialization of agency-specific precedent, preclusion of judicial review, public participation in rulemaking, the Freedom of Information Act, policy-making through adjudication, and informal agency action.  For certain topics, we will focus on one or two illustrative agencies (e.g., EPA, NLRB, PTO, IRS, VA, etc.).  Reading materials will include textbook excerpts, cases, and legal scholarship.  A previous administrative law course is preferred but not required.

Each class will consist of a background lecture followed by an interactive discussion of the policy issues raised in the reading.  The course will be taught as a two-hour weekly seminar, focused on class discussion of assigned readings. Students will complete one 25–30 page research paper that can be used to satisfy the upper-level writing requirement.  Students will also present their research papers to the class towards the end of the semester.

369

Patent Law and Policy 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • Fall 18
  • Fall 19
  • Fall 20
  • Fall 21
  • Final Exam

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.

384

Securities Regulation 4
  • JD elective
  • LLM-LE (JD) required
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Spring 19
  • Spring 20
  • Spring 21
  • Spring 22
  • Final Exam

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.

390

Structuring and Regulating Financial Transactions 2
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Spring 21
  • Spring 19
  • Spring 20
  • Spring 22
  • Final Exam

The principles applied in structuring financial products in the commercial context reflect a balance of the interests of corporate stakeholders and the rights of third parties. This course will examine these principles with the goal of equipping the student with a base of knowledge that would be readily applied in a finance practice of a commercial law firm. Focusing primarily on traditional syndicated debt finance and securitization transactions, we will examine evolving market conventions that influence debt terms, the rights and expectations of stakeholders in distressed situations and bankruptcy, and the regulatory and compliance structure governing the issuance of these obligations. As part of this process, we also will explore the structuring of letters of credit, derivative transactions, debtor-in-possession financing, and other related financial products.

400

Health Justice Clinic 4-6
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS experiential
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Reflective Writing
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This clinical course focuses on people living with serious illness. Student attorneys are the primary legal representatives for clients living with HIV, cancer, and other serious health conditions. Students may also work on policy or community education projects related to health and the law. Faculty supervisors provide back-up, training, coaching, and regular feedback as students handle cases involving access to health coverage (Medicaid, Medicare, private insurance), income (disability benefits and employment), end-of-life planning (wills, advance directives), job accommodations, and discrimination. Students may also work on cases involving health information privacy, planning for the future care of children (guardianship), and name changes and health insurance for transgender clients. In assigning cases, faculty strive to honor students' interests.

Students engage with clients from diverse backgrounds whose lives have been disrupted by serious illness, including people living in poverty, those who have experienced the financial toxicity of illness, members of the LGBTQ community, and people struggling with addiction or mental illness. Although many of our clients are facing serious health and/or life challenges, students consistently remark on their clients’ resilience and gratitude, and value the experience of having a tangible impact on client's lives.

In addition to extensive client interactions, students will engage with health care providers, social workers, government officials, and other professionals. Students interview and counsel clients and witnesses, draft estate planning documents, analyze medical records, collaborate with other professionals, including medical providers and social workers, interview and prepare affidavits for medical providers and other witnesses, conduct fact investigations and legal research, draft legal memoranda, and as needed, represent clients in administrative and other hearings. Interested students may have the opportunity to engage in public speaking through presentations to medical providers, social workers, or client/community groups.

The Health Justice Clinic is appropriate for students interested in any practice area, as the skills employed are applicable to all areas of law. The Clinic may be particularly relevant for students who will work in health law, disability law, poverty law, or any administrative law field. Graduates of the clinic also report that it was especially helpful in their careers in public policy, government, and for developing a focus for their pro bono work in large firms.

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, professionalism, the health care system, social safety net, social determinants of health, and the role of race and other factors in health disparities. Students work closely with clinic instructors and enjoy a uniquely supportive mentoring and coaching experience. Students work on cases with a partner and have a weekly team meeting with the clinic instructors. The instructors are available throughout the week for consultation. Faculty prioritize each student's professional development and encourage the development of a work-life balance that will be essential in law practice.

The Health Justice Clinic is offered on a variable credit basis, 4-6 credits.

Clinics Enrollment Policy

Important:

Students are required to attend the clinic intensive training session. Students who have previously completed a clinic may skip some portions of the intensive.

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 Health Justice Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), 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
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  • Spring 21
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Fall 21
  • Spring 22
  • 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 elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  • Fall 18
  • Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • 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 elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  • Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Class participation

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

416

Children's Law Clinic 4-5
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation

The Children’s Law Clinic provides students with an opportunity to represent low-income children and parents on issues relating to the social determinants of health, including education, public benefits, and access to adequate healthcare. Students will work in teams on case assignments that could involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. There will also be opportunities to engage in policy and community education projects. With training and supervision from clinic faculty, students will act as the lead attorneys for the matters on their caseload allowing them to develop critical professional skills such as case strategy development and time management. In the weekly two-hour seminar, students will engage in interactive practical skills training, learn substantive law, and analyze the broader systemic injustices that impact children and families. Students work on clinic cases approximately 10-12 hours a week, for a minimum of 100 hours (4 credits) or 125 hours (5 credits) of legal work during the semester. There is no paper and no exam. Students must be in at least their second semester of law school to enroll in the clinic due to state student practice rules. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic.

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 Health Justice Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), 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 elective
  • PIPS elective
  • PIPS experiential
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Practical exercises
  • Live-client representation and case management

This two or 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. Supervisors will work with advanced students to develop an advanced experience that meets the interests of both the students and needs of the clinic. Students enrolled in advanced clinical studies are required to participate fully in the case work and/or policy portion of the clinic, performing a minimum of 100 hours (2 credits), 125 hours (3 credits) or 150 hours (4 credits) of client representation work, but will not be required to attend the class sessions. A classroom component is available for students using advanced clinic to satisfy their experiential learning requirement.

427

Community Enterprise Law Clinic 4
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  • PIPS experiential
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Group project(s)
  • 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. For the spring semester of the 2020-2021 academic year, we expect that the seminar component of the Clinic will be taught in an online-only format.  To the greatest extent possible, however, our work with clients and with each other, including supervision meetings, will be in person.  For students who either elect not to return to Durham or who are not able to participate in the Clinic on an in person basis, you will still be able to participate fully in the Clinic, just on a remote basis.

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 Health Justice Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), 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 elective
  • LLM-LE (JD) elective
  • PIPS elective
  • PIPS experiential
  • Spring 21
  • Spring 19
  • Spring 20
  • Group project(s)
  • 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.

443

Environmental Law and Policy Clinic 4
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • PIPS experiential
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

The Duke Environmental Law and Policy Clinic is an interdisciplinary clinic that represents non-profit community-based and environmental organizations throughout the region to address a wide variety of environmental concerns in a variety of different venues. Students work in interdisciplinary teams and engage directly with clients to develop legal and advocacy strategies, conduct site-based assessments, develop legislative and regulatory proposals, and participate in community outreach and education efforts. Students also may engage in litigation, regulatory, and policy proceedings as case needs dictate. Skills training is conducted in weekly seminars and case management meetings and emphasizes client counseling, legal and policy advocacy, working with experts, and networking. Although the mix of topics addressed varies among semesters, matters typically include environmental justice, climate change, water quality, natural resources conservation, endangered species protection, sustainable agriculture, public trust resources, and environmental health. Clinic faculty make an effort to honor student preferences for case assignments, consistent with case needs and each student’s objectives for professional growth and development.

The ELPC will conduct its weekly seminars online via Zoom, and will also provide readings and short video modules for students to review in preparation for seminar discussions.  Weekly case management meetings, as well as client meetings, will be conducted in person to the extent possible, but accommodation will be made for those who need to engage remotely.

Clinic Enrollment and Credit Policies

To enroll, law students must have completed their 1L year and Nicholas School students must have completed their first semester. International LLM students may enroll during their second semester with permission from the clinic's directors. Variable credit (4-6 hours) is allowed for law students with permission from the clinic’s directors.

Although not a prerequisite, students are encouraged to have completed Environmental Law, Ocean and Coastal Law and Policy, and/or Administrative Law prior to enrollment.

Ethics Requirement for Law Students

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Health Justice Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), 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).

Important to Note: 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.

443A

Advanced Environmental Law and Policy
  • JD elective
  • PIPS elective
  • PIPS experiential
  • Spring 21
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Fall 21
  • Spring 22
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This variable-credit (2-4 credits) course builds on the training and work of the EL&PC and offers students the opportunity to develop case leadership and deeper client relationships. Students enrolled in the Advanced Clinic 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), and are required to attend weekly case management meetings. In addition, Advanced students must attend two discussion sessions with other advanced clinic students that will be scheduled after the start of the semester. Instructor permission and successful completion of one semester of clinical work are required to enroll.

445

Immigrant Rights Clinic 4-6
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Reflective Writing
  • Live-client representation and case management
  • Class participation

The Immigrant Rights Clinic engages students in the direct representation of noncitizens and community organizations in litigation, community outreach, and policy advocacy.  Students will work in teams to represent individual clients in litigation matters, such as removal proceedings in immigration court, administrative or federal appeals, or other legal claims, as well as work with community-based organizations in advocacy projects or outreach and education campaigns. Through a mix of individual and organizational representation, students will develop an integrated approach to promoting the rights of immigrants. Direct representation of individual clients will require students to develop skills in fact-development, client interviewing, affidavit drafting, expert opinion development, testimony preparation, legal briefing, and case planning that combines client narratives with long-term appellate strategies.  In working with organizational clients and partners, students may gather data and produce policy reports; develop accessible legal resources for immigrant families and their allies; and collaborate with grassroots organizers, policy-makers, pro bono counsel teams, and national advocacy groups.

Students are directly responsible for these cases and take the leading role in defining advocacy goals and strategies with their clients.  Through the clinic, students can build their litigation skills and develop a better understanding of how to engage in immigrant rights campaigns. The Immigrant Rights Clinic will combine a substantive weekly seminar, case work, and weekly case supervision and instruction meetings. It will be a one-semester course offered in both the fall and spring semesters and students will have an Advanced Clinic option.

Clinics Enrollment Policy

This course may not be dropped after the first class meeting. 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.

460

Negotiation for Lawyers 3
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • Fall 18
  • Spring 19
  • Fall 19
  • Spring 20
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Practical exercises
  • Class participation

For lawyers in every type of law practice, the ability to negotiate effectively is an essential skill.  As a lawyer, you will negotiate when you try to settle a lawsuit, close a merger, or arrange a plea bargain.  You will negotiate with counterparts, clients, and co-workers.  You will negotiate with service providers and the “system” – the court, the government, or your community.  And, you will continue to negotiate with your friends and family.  In this highly interactive seminar, we will explore the theories, skills, and ethics involved in legal negotiation.  With limited exceptions, in each class you will participate in a role-play simulation of increasing complexity, experiment with new techniques, and then reflect on what negotiation strategies worked best for you.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  Through this process, you will not only gain insight into your own negotiation style, you will develop the toolkit you need to approach each new negotiation with confidence. 

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 typical 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 and call-back interviews are not acceptable excuses for missing the first class.)  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 enroll before the second class occurs.  Thus, students may drop this course without permission only before the second class. 

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.

 

510

Legal Interviewing & Counseling 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Fall 18
  • Spring 19
  • Fall 19
  • Fall 20
  • Fall 21
  • Reflective Writing
  • Practical exercises
  • In-class exercise
  • Class participation

This course will provide students a framework for effective client interviewing and counseling, skills which are foundational to successful lawyering. While lawyers must master substantive and procedural law to gain the confidence of their clients, they must be able to exercise effective communication skills in “real time.”  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. I plan to offer in person office hours for those interested and also hope to develop supplementary, optional opportunities for in-person engagement, conditions permitting, with equal opportunity for students who are remote.

514

Research Methods in Administrative Law 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Fall 19
  • Fall 18
  • Fall 20
  • Spring 21
  • Fall 21
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Short Research Assignments
  • Class participation

This course focuses on administrative law research, including federal regulations, the federal rulemaking process, documents produced by federal agencies such as “no action” letters and guidance documents, and research into the enabling legislation and related legislative process. It will also cover research into legislative and regulatory stakeholders, demonstrating tools to discover information on companies, lobbyists, and individuals, with the goal of facilitating student research expertise in addressing administrative law issues in practice. Classwork will be supplemented by discussions with current practitioners in the regulatory field, demonstrating real-world issues faced by administrative lawyers.

520

Climate Change and the Law 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Spring 21
  • Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • 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 – including at the international level, within the United States and other countries (such as Europe, China, and others), at the subnational level, and at the urging of the private sector.

We will compare alternative approaches that have been or could be taken by legal systems to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, infrastructure programs, technology R&D, information disclosure, prescriptive regulation, carbon capture & storage, reducing deforestation, geoengineering, adaptation);  the spatial scale; the targets of the policy and criteria for deciding among these policy choices.  We will examine actual legal measures that have been adopted so far to manage climate change:  international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997) and Paris Agreement (2015), plus related agreements like the Kigali Amendment (on HFCs) and ICAO (aviation) and IMO (shipping); as well as the policies undertaken by key national and subnational systems.  In the US, we will study national (federal) and subnational (state and local) policies, including EPA regulation under the Clean Air Act, other federal laws and policies relevant to climate change mitigation, state-level action by California, RGGI states, and North Carolina. We will also explore litigation involving tort/nuisance civil liability and the public trust doctrine to advance climate policy. 

Questions we will discuss include:  How effective and efficient are the policies being proposed and adopted? What actions are being taken at the local, national and international levels, and which reinforce or conflict with one another?  Can current institutions and legal frameworks deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change?  What roles do scientific research, technological breakthroughs, and economic realities play in shaping legal responses?  How should the legal system learn from new information over time? How should we appraise the United Nations climate negotiations, and are there other models for international cooperation?  How should principles of equity, just transitions, and intergenerational justice guide efforts to address climate change? Should greenhouse gas emitters (countries, businesses, consumers) be directly liable or responsible for climate change impacts and compensate victims for their losses?  What is the best mix of mitigation and adaptation policies?  How will climate policy be influenced by geopolitical changes such as the rise of China?  How should the law address extreme catastrophic risk?  How should geoengineering be governed? What is the best path for future climate policy? 

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.

527

Access to Medicines: Intellectual Property and Global Public Health 2
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntllLLM IP Cert
  • PIPS elective
  • Spring 20
  • Final Exam, option
  • Research paper option, 25+ pages

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 SRWP
  • JD elective
  • IntllLLM IP Cert
  • IntlLLM/SJD/EXC elective
    • 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.*

    541

    Nonprofit Organizations 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    • Fall 18
    • Fall 19
    • Fall 20
    • Fall 21
    • Final Exam

    The subject of the course is the diverse sector of the economy composed of nonprofit organizations, and, in particular, the organizations that are tax-exempt under Section 501c3 of the Internal Revenue Code. Topics to be covered include their function and role in society; issues related to their formation, governance and regulation; the tax laws and regulations specific to exempt organizations; and policy issues regarding the sector.

    545

    Urban Legal History 3
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • Spring 20
    • Research paper, 25+ pages
    • 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.

    550

    Legal Issues of Cybersecurity and Data Breach Response 2
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • IntlLLM/SJD/EXC elective
    • IntllLLM IP Cert
    • PIPS elective
    • Spring 19
    • Fall 19
    • Fall 20
    • Fall 21
    • Research and/or analytical paper(s), 10-15 pages
    • Practical exercises
    • Class participation

    This course will cover the dynamic and rapidly evolving legal field of cybersecurity and data breach response.  The course will focus on the workflow during the aftermath of any sort of data security incident, a rapidly growing legal practice area, where legal professionals have emerged as critical decision-makers. Every class will begin with a 15-20 minute discussion of current events.  The course will be broken up into two parts.   The first part of the course will cover the foundation of the legal aspects of data breach response, in the form of traditional discussion.  The second part of the course will involve a fictional fact pattern/simulation of a data security incident at a financial firm, with student teams conducting various tasks, with “real-life” outside legal experts playing various roles.  The tasks will include: intake; board briefing; law enforcement liaison; federal/state regulatory interphase; insurance company updates; and vendor/third party/employee briefings.

    561

    Tax Policy 3
    • JD elective
    • IntlLLM/SJD/EXC elective
    • Spring 19
    • Spring 20
    • Spring 21
    • Spring 22

    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.

    Federal Income Taxation is a prerequisite (waivable at the discretion of the instructor for a student with a comparable tax background acquired in some other way).

    569

    Health Law Colloquium 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    • Fall 18
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    This Workshop features leading health law and policy scholars to discuss current topics in the field.  While no background is required, the workshop will expect students to discuss advanced and complicated matters of health policy with the figures who are leading national policy discussions.  Students will be required either to provide reaction papers to weekly papers or prepare a final research paper.

    573

    Shaping Law and Policy: Advocacy and the Affordable Care Act 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • PIPS elective
    • Fall 19
    • Fall 20
    • Fall 21
    • Reflective Writing
    • Research and/or analytical paper(s), 15-20 pages
    • Class participation

    This seminar will examine how legal advocacy shapes law and public policy at the federal level, with particular emphasis on the last decade+ of history under the Affordable Care Act (ACA). It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies. Each weekly seminar will focus on one or two of the health policy issues addressed in the ACA, across its various stages of development and evolution. Topics will include the individual mandate, Medicaid expansion, state waivers, insurance exchanges, insurance coverage requirements, and insurer risk protections, as well as broader legal issues involving administrative rulemaking, constitutional rights, federalism, statutory history, standing, and severability, Our class will examine how attorneys and their allies can play either offense or defense, or even switch roles, as the later stages of policy debates shift. The ACA provides an organizing context for illustrating how Washington-oriented attorneys and related legal advocates operate, while offering a quick introduction to a host of contemporary issues in health law and policy. The seminar will provide a balanced representation of efforts by ACA defenders, opponents, and those in-between as they engaged in various regulatory and litigation activities to advance, negate, or alter the law’s original intentions. Study of the diverse and often-shifting legal problems encountered by a single industry, particularly one as important and complex as health care, may appeal to students generally interested in public policy and in law and economics, not just health care, as well as those interested in sharpening their skills in legal advocacy through involvement in litigation and administrative rulemaking. Relatively early selection of potential paper topics is advised.   

    575

    Securities Litigation and Enforcement in Practice 2
    • JD elective
    • JD experiential
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • Spring 19
    • Fall 19
    • Spring 21
    • Fall 21
    • Practical exercises
    • In-class exercise
    • Class participation

    This two-credit experiential course will focus on the analytical, writing and presentation, and interview skills frequently used in practice while also introducing students to the general statutory and regulatory frameworks governing securities litigation and enforcement.  Litigating private securities claims and defending SEC enforcement actions are an important component of most sophisticated litigation practice; these actions have high stakes, and are almost inevitable for many corporate clients.  Writing assignments and presentations will be drawn from one hypothetical class action problem, and one hypothetical enforcement action problem.

    577

    Emerging Issues in Sports and the Law 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • Spring 19
    • Spring 20
    • Spring 21
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    The course will examine the regulation of NCAA athletics and the enforcement of NCAA rules. It will examine in detail several high profile NCAA cases including those involving Penn State, Miami and UNC-Chapel Hill.

    581

    FinTech Law and Policy 3
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • Fall 18
    • Fall 19
    • Fall 20
    • Research paper, 25+ pages
    • Oral presentation
    • Class participation

    In 2016, few people had ever heard of Bitcoin or blockchain, initial coin offerings were non-existent, and U.S. financial regulatory agencies had yet to react to the emergence of non-bank financial services providers. The FinTech industry has changed dramatically since then: Bitcoin has captured the public imagination and spawned new derivatives products, central banks are considering launching their own digital currency, you can apply for a mortgage on your smartphone, and the Office of the Comptroller of the Currency proposed a new kind of bank charter specifically for FinTech firms. While many have focused on the technologies underpinning the FinTech revolution, less attention has been placed on how these technologies fit within the current financial regulatory framework. Understanding this framework is critical to the long-term success of any FinTech startup. While technology startups in other sectors may predicate their business on breaking rules and ignoring regulations, such a strategy is sure to fail if deployed by a FinTech firm. This is because the financial industry is heavily regulated by multiple state and federal agencies that often have overlapping authority. Being a successful FinTech firm requires more than just great technology; it also requires an understanding of the laws and regulations applicable to your business.

    This course aims to provide you with that understanding. You will learn about the critical legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments and wealth management technologies, and financial account aggregators. In addition, you will learn how regulatory agencies in the U.S. are continually adjusting to the emergence of new financial technologies and how one specific agency, the Office of the Comptroller of the Currency, proposed a path for FinTech firms to become regulated banks. The course will also address the role FinTech has played during the pandemic; from FinTech lenders administering small business loans, to a Congressional proposal to administer stimulus payments through Federal Reserve digital wallets.  You will also learn the basics of how banks are regulated in the U.S.

    If you are unfamiliar with how these new financial technologies work, fear not. We will begin each new course section with a high-level overview of the underlying technology.

    Due to the pandemic, course content will be delivered online, but in person office hours will be held for those interested. Class participation will remain a required and graded component of the course. To help facilitate class participation, each student will be required to deliver a company profile presentation during the semester. In addition, each student, as part of a team, will deliver a presentation related to an assigned case study. Class participation will account for 40% of your grade and a final paper will make up the remaining 60%.

    587

    Race and the Law 3
    • JD elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    • Spring 21
    • Spring 20
    • Spring 22
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    This seminar will examine the social, political, and legal forces that shape race relations in the United States. Using interdisciplinary materials, participants will engage three core questions:  (1) what would an anti-racist society look like; (2) what should and can be done about the carceral state; and (3) how do we address challenges inherent in concepts like allyship, representation, and intersectionality. The seminar will include a speakers’ series in which leading experts and commentators will assist seminar participants to think through these pressing questions.  Evaluation will consist of class attendance and participation, reflection papers, and a final project directed toward devising solutions. Participation from a diverse group of students is encouraged. 

    590

    Risk Regulation in the US, Europe and Beyond 2
    • JD SRWP
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing
    • IntlLLM Environ Cert
    • Fall 19
    • Fall 20
    • Fall 21
    • Research paper, 25+ pages
    • Class participation

    Faced with myriad health, safety, environmental, security and financial risks, how should societies respond?  This course studies the regulation of a wide array of risks, such as disease, food, drugs, medical care, biotechnology, chemicals, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, violence, terrorism, emerging technologies, and extreme catastrophic risks. (Students may propose to research other risks as well.)

    Across these diverse contexts, the course focuses on how regulatory institutions deal with the challenges of risk assessment (technical expertise), risk perceptions (public concerns and values), priority-setting (which risks should be regulated most), risk management (including the debates over "precaution" versus benefit-cost analysis, and risk-risk tradeoffs such as countervailing harms and co-benefits), and ongoing evaluation and updating.  It examines the rules and institutions for risk regulation, including the roles of legislative, executive/administrative, and judicial functions; the challenge of fragmentation and integration; the roles of oversight bodies (such as judicial review by courts, and executive review by US OMB/OIRA and the EU RSB); and the potential for international regulatory cooperation.

    The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and beyond (especially those countries of interest to the students in the course each year).  It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and how regulatory systems can learn to do better.

    This is a research seminar, in which students discuss and debate in class (in person or online), while developing their own research.  We may also have some guest speakers.  Students' responsibilities in this course include active participation in class discussions, and writing a substantial research paper.  Students’ papers may take several approaches, such as analyzing a specific risk regulation; comparing regulation across countries; analyzing proposals to improve the regulatory system; or other related topics.

    This course is Law 590, cross-listed as Environ 733.01 and PubPol 891.01.  Graduate and professional students from outside the Law School should enroll via those Environ and PubPol course numbers, and may contact the Nicholas School registrar, Erika Lovelace, e.love@duke.edu , or the Sanford School registrar, Anita Lyon, anita.lyon@duke.edu , with any questions about enrollment.  (The Law School does not use “permission numbers.”)

    598

    Family Creation: A Non-Judicial Perspective 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    • Spring 21
    • Spring 19
    • Reflective Writing
    • In-class exercise
    • Class participation

    This seminar will focus on the role of the legislative and administrative process in family creation. We will examine situations in which a child born in one family becomes part of another through mechanisms such as adoption, foster care, or surrogacy. Particular attention will be given to intercountry adoption and surrogacy, which raise 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 and surrogacy are subject to relevant international treaties, and even where treaties are in effect, implementation has been characterized by conflict and delay. At the local level, regulation through oversight of private agencies, adoptive families, and third party intermediaries has been uneven. Throughout our examination of these issues, we will focus attention on the ways in which race and class have shaped policy, often in ways that harm families and children.

    This seminar aims to give students the opportunity to understand the policymaking process by closely examining what has transpired in the field of family creation 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 these inherently international issues relating to family creation.

    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.

    618

    Readings: Introduction to Health Law & Policy – What’s a Needle? and Other Foundational Questions 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    • Fall 18
    • Reflective Writing
    • Class participation

    This course offers a very broad yet brief introduction to the diverse and growing field of health law.  Team taught by six different instructors, this course designed both as a general overview to “everything you wanted to know about health law but were afraid to ask” as well as a gateway to Duke’s other offerings in health law and health policy.

    636

    Food, Agriculture and the Environment: Law & Policy 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing
    • IntlLLM Environ Cert
    • PIPS elective
    • Fall 18
    • Fall 19
    • Fall 20
    • Fall 21
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Oral presentation
    • Class participation

    “Food,” “agriculture,” and the “environment” are distinct American mythologies tied to our most basic physical needs and imbued with our most significant cultural meanings. They are also irrevocably entwined. Most of us eat at least three times a day and, unless you are in extraordinary circumstances, those meals were produced within our national—and increasingly global—food and agriculture system. And it’s a system that causes startling environmental harms; think water and air pollution, pesticides, greenhouse gases, non-human animal welfare, deforestation, soil depletion, wetlands destruction, fisheries collapse, and on and on. Yet notions of “agricultural exceptionalism” exempt agriculture from many of our nation’s environmental laws.

    Undergirding the system are the people who help put food on our tables. The food and agriculture system depends on immigrants who toil as farmworkers and work the slaughterhouse lines even as it romanticizes the Jeffersonian ideal of the solitary yeoman. It co-opts the knowledge of Black, Indigenous and people of color under terms like “sustainable” and “regenerative” without reckoning with land theft, enslavement, or the patterns of discrimination and land loss that persist today.

    This course will survey how law and policy helped create and perpetuate the interrelated social, economic and environmental iniquities of our modern food and agriculture system. More optimistically, we will study how law and policy can address systemic issues and move us toward values of equity and environmental justice, conservation, restoration, community health and economic sustainability. And if you read Omnivore’s Dilemma and want to learn what the Farm Bill actually does, this is your chance.

    Course format and expectations: Students will be expected to stay up on all readings, participate in weekly discussion boards, prepare several small presentations and written assignments throughout the semester, and engage in the seminar each week. As a final assignment, each student will write a 10-15 page law or policy paper on a topic that they will develop in consultation with the rest of the class and the instructor. There will be an additional, optional opportunity to visit a local farm.

     

    644

    Bass Connections 1-3
    • Other

    About Bass Connections

    Bass Connections is a university-wide program that offers graduate and undergraduate students immersive research opportunities through more than 60 year-long project teams each year. On Bass Connections teams, graduate and professional students, postdocs, and undergraduates work together with faculty and outside experts to conduct cutting-edge research on important issues such as health inequality, environmental sustainability, human rights, educational opportunity, and medical ethics.

    Teams generally work together for nine to 12 months. Participating students usually receive academic credit (see below for crediting options for Law students), although students in specialized roles may sometimes serve in a paid role.  

    Team members blend their diverse skills and expertise, allowing students of all levels to learn and contribute. Their work results in policy recommendations, journal articles, new datasets to inform future research, health interventions, novel modes of delivering social services, prototypes, museum exhibits, future grants, and more.

    Opportunities to Participate in 2021-2022

    The primary application cycle for teams takes place each February for the coming academic year. However, select Bass Connections teams are still recruiting student participants for the coming academic year, including several teams which are specifically seeking Law students. The deadline to apply is June 9 at 5:00 pm. Students will be notified of selection by mid-July. Please keep reading to learn about crediting options for Law students and to review a list of teams seeking Law students. Visit the Bass Connections website for more information.

    Crediting Options for Law Students

    Law students who are interested in participating in Bass Connections have the following crediting options:

    • Teams led by a Duke Law Faculty Member: If a Duke Law faculty member leads a Bass Connections team (see list below), Law students are eligible to receive Law School credit (up to three credits per semester). Upon being accepted to join a team, students must apply for approval to receive Law School credit by documenting the law and policy work (research, drafting, etc.) they will be undertaking as part of the team and the amount of time they will spend on the project. Such students should contact Dean Lacoff or James Lambert.
    • Teams without Duke Law Faculty Members: Some Bass Connections team are grappling with legal matters but do not include a Duke Law faculty leader (see list below). While Law students are encouraged to participate on these teams, students would not be eligible for Law School credit. Such students could opt to use their non-Law credit, noting that each student is only permitted three such credits. Students may also petition the Law School’s Administrative Committee for permission to apply up to three additional credits. Such appeals must demonstrate the rigor of the project and the connection to legal matters. Students interested in participating in these projects should contact Dean Lacoff or James Lambert.
    • Other options: Some students participate on Bass Connections teams in a paid capacity, particularly if they are serving in a leadership/project management role on the team. Each team is structured differently. It is at the discretion of faculty team leaders whether they offer paid roles. Law students may not earn academic credit if they are paid for their work.

    Some students also participate on Bass Connections teams in an extra-curricular capacity because they are passionate about the topics, see sufficient professional benefits to participation, and/or because the topic aligns with their own research/career interests.

    In some circumstances, Duke Law students may also document leadership or other skill development through a Bass Connections team experience that may count toward the professional development graduation requirement. Please contact a career counselor if you are interested in pursuing this option.

    2021-2022 Project Teams Eligible for Law School Credit

    American Predatory Lending & the Global Financial Crisis

    This project seeks to deepen the public’s understanding of the policy and market dynamics in the run-up to the financial crisis and explain the divergent responses among federal and state/local policymakers as well as the implications for preventing the next financial crisis. This team will synthesize information collected by prior teams (including oral interviews, policy analyses, and business analyses) into actionable policy recommendations.

    Law School faculty leaders: Lee Reiners

    Regenerative Grazing to Mitigate Climate Change

    This project aims to facilitate a dramatic expansion in the adoption and success of regenerative grazing systems in North Carolina and the Southeast by creating a robust ecosystem of financing, policy and technical expertise, through collaboration with key community partners.

    Law School faculty leaders: Michelle Nowlin & Daniel Lee Miller

    2021-2022 Project Teams Not Eligible for Law School Credit

    Law students are welcome to apply to any of the 17 teams that are currently recruiting new students, the following teams expressed an explicit interest in Law students.

    Field Testing a Mercury Capture System for Artisanal Gold Mining

    Mercury (Hg) is a pollutant that adversely affects human and environmental health around the world. Artisanal and small-scale gold mining is the world’s largest contributor of atmospheric mercury and one of the largest threats to forests and biodiversity in the Amazon. An international team, including Duke faculty, is designing a Mercury Capture System, which has been tested under laboratory conditions. The goal of this project is to design a trial to test the efficacy of this system in the field and its societal adoptability. The project team will identify technical requirements, economic drivers and policy needs for the system. 

    Ocean Evidence Gap Map

    We are living through an era of rapid social and environmental change, particularly for the world’s oceans. This rate of change is seemingly matched by the generation of information (and misinformation) regarding potential solutions to achieve sustainability changes across scales. Evidence synthesis is a powerful tool to draw insights from multiple sources to guide evidence-based decision-making and identify areas where more targeted research is needed, but current methods are inefficient.

    This project will convene a network of synthesis experts and end-users to: 1) assess the efficiency, performance and usability of existing machine learning tools and approaches for evidence synthesis; 2) develop an integrated collection of efficient and accessible tools and approaches to support future evidence synthesis research; and 3) utilize the evidence pipeline to advance the marine conservation evidence base in collaboration with practitioners and policymakers.

    Revaluing Care in the Global Economy

    The world is facing a crisis of care. The number of people requiring care is growing. Most human care work is performed by women – overwhelmingly women of color – in either unpaid or severely underpaid positions. The essential benefits of this care work to society, meanwhile, are not counted at all. Likewise, other essential components of care – the vital contributions of nature, of the commons and of public institutions – are for the most part not counted. Addressing this crisis demands a fundamental transformation in how we ascribe value to care, as well as new tools and methods to measure that value. 

    This project will address the crisis of care by developing a public-facing tool that recognizes, measures and values care in the economy. Findings will be used to build a broadly accessible resource hub for CARE (Community Access for Research and Education) with the purpose of informing and empowering policy making and further research on care. 

    Understanding Variations in Hospital Costs in Support of Value-Based Care Decisions

    Healthcare expenditure in the United States accounts for nearly one-fifth of the United States GDP, yet healthcare costs remain ambiguous and confusing to patients and clinicians alike. Hospitals and insurers rarely disclose the negotiated rates of reimbursement, creating informational asymmetry which may drive high prices. This lack of transparency in healthcare pricing makes it difficult for patients to make informed decisions when seeking high-value/low-cost care. To address this, the Centers for Medicare and Medicaid Services (CMS) recently introduced a regulation that requires hospitals to publicly post payment data.

    In partnership with Yale University, this project team will collect, collate and analyze the newly available healthcare pricing data in order to understand price variation and examine the connection between quality and cost.  

    Visualizing Systemic Housing Inequality

    This project will use the tools of live performance and big data to visualize the debts and burdens of injustice and housing inequality. Team members will create and use models capable of real-time generation of individual injustice debt and burden based on data collected from a wide pool of sources. Using tools like racial profilers, facial recognition systems and biometric trackers, the team will map debt and burden data onto individuals so that creative live performance can be used to visualize the debt and burden of individuals and those around them. The team’s work will culminate in a live performance event and an interactive installation at the Rubenstein Arts Center. 

    Benefits of Participation for Professional Students

    Project teams offer professional students an exciting opportunity to apply coursework to a concrete problem, access professional development resources, expand academic and professional networks, and build career-enhancing skills to stand out on the job market. Professional students play a crucial role on Bass Connections teams, often serving as subject area experts, project managers or sub-group leaders, and mentors for undergraduates. In recognition of the important leadership role that professional students play on teams, Bridget Eklund JD’ 21 was awarded the 2021 Bass Connections Award for Outstanding Mentorship

    Bass Connections teams offer professional students the opportunity to plan and implement complex projects, work in teams, mentor and lead others, and communicate across boundaries to find solutions to complex challenges – skills that are crucial for successful careers in almost any field.

    Duke Law Participation and Testimonials

    Past Law students have participated on a wide range of teams, including those working on issues related to ethics, the environment, privacy and security, intellectual property, labor, health, and education.

    Among many research outcomes, these teams have:

    • collaborated with federal and state policymakers on Medicaid reform;
    • developed cybersecurity guidelines to protect individuals’ and families’ personal data;
    • examined incentive-based approaches to endangered species conservation on private lands;
    • explored how governments and professional associations set and enforce codes of ethics in competitive industries such as law, athletics and business;
    • produced documentary films on the environment and peacebuilding in post-conflict zones; and
    • written policy proposals to inform animal waste management practices in the United States.

    Here’s what a few Duke Law alumni have had to say about their Bass Connections experience:

    The best thing about my Bass Connections project was that, much like in the real world, the “problem” we sought to address had never been answered – it was not an assignment generated to test a skill set, but rather a totally open-ended question.
    -
    Anna Johns Hrom JD ’16, PhD ’18 (Law Clerk, U.S. Courts)
     

    As a result of having worked with a multidisciplinary team, my writing changed and improved my goal of reaching wider audiences…Back in Brazil, my experience with Bass Connections is also informing how I am building and leading teams of researchers and policy analysts.
    -Daniel Ribeiro, SJD ’18 (Prosecutor, Ministério Público of the State of Rio de Janeiro)
     

    Through Bass Connections, I had the chance to meet with highly specialized practitioners that have been doing fascinating work on environmental peacebuilding. The [experience] also gave me an opportunity to step out of my usual activities…and do things I had little experience with, like drafting a script for a documentary or thinking about how certain images might help communicate the environmental impact of armed conflict in different regions of the world.
    -Xiao Recio-Blanco, SJD ’15 (Director of the Ocean Program, Environmental Law Institute)
     

    Bass Connections provided [our team] with an opportunity to work across disciplines to solve a complex and multifaceted problem and to develop a meaningful solution to that problem—one that has the potential to have tangible benefits in the real world. It is exactly the type of opportunity that I had been looking for when I decided to apply to Duke in the first place: to take my education beyond the classroom to make a difference in the wider world.
    -Matthew Phillips JD ’20 (Founder, Phillips Admissions)

    677

    Duke Law in DC: Rethinking Federal Regulation 4
    • JD SRWP
    • JD elective
    • PIPS elective
    • Fall 18
    • Fall 19
    • Fall 20
    • Fall 21

    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 elective
    • JD experiential
    • PIPS elective
    • PIPS experiential
    • Fall 18
    • Fall 19
    • Fall 20
    • Fall 21

    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

    707

    Statutory Interpretation Colloquium 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • Spring 20
    • Reflective Writing
    • Research paper, 25+ pages

    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 elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • IntlLLM Business Cert
    • Spring 19
    • Spring 20
    • Spring 21
    • Fall 21
    • Final Exam
    • 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.

    Final grades are based on a final exam and in class participation.

    713

    Corporate Social Responsibility and Social Entrepreneurship 2-3
    • JD SRWP, option
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • IntlLLM Business Cert
    • Spring 21
    • Fall 21
    • Final Exam
    • Research paper option, 25+ pages
    • Class participation

    In recent years, there has been growing pressure on profit-seeking corporations to address social problems, such as inequality and climate change. This class will critically evaluate the law and policies underlying recent developments that have allowed or required firms to take on a more active role in social and environmental issues. The class covers a range of topics, including the economic structure of nonprofit firms, the debate on corporate purpose and the profit-maximization norm, the rise of ESG investing, the proliferation of new legal hybrid forms, recent developments in the law of managerial fiduciary duties, the role of microfinance and fair trade in promoting development, and tax and subsidy policies to encourage corporations to pursue social goals, including the recent Opportunity Zone program. The inquiry will focus primarily on what types of structures best align investors’ interest in profit-making with different social purposes. 

    To be enrolled in the class, students must either take Business Association in the same semester, or have taken it in the past.  

    Student enrolled in the three-credit option need to write a research paper (in satisfaction of the JD Substantial Research and Writing Requirement or the International LLM Substantial Research Paper Requirement) in addition to doing the take-home exam.  The additional credit will count towards the Independent Study Research Credit Limit (Rule 3-12).

    The take-home exam will be comprised of questions relating to a real or imaginary business structure or transaction that involves social issues. The exam will be made available on December 6, and the deadline for submitting it will be December 19.

    714

    Coastal Resilience in the Face of Climate Change 2
    • JD SRWP, option
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • IntlLLM Environ Cert
    • PIPS elective
    • Spring 20
    • Spring 19
    • Spring 21
    • Research paper, 25+ pages
    • Group project(s)
    • Class participation

    This seminar will provide students an opportunity to engage closely with emerging law and policy issues associated with the need to increase coastal resilience in the face of climate change.  The recent experiences of both North and South Carolina with Hurricane Florence have highlighted the need for coastal communities to address a wide range of issues associated with climate change.  In addition to designing approaches to increase resilience when faced with storms and rising sea levels, these issues include: (1) information-gathering (via maps, drones, and scientific research about coastal/ocean processes); (2) law and policy refinements (via statutes, regulations, and guidance); and (3) possible litigation to develop useful common law doctrines relevant to the tidelands and the public trust.  Through the use of current cases and policy issues under debate in coastal communities, students will work together to research the most salient questions presented by these issues.  They will analyze relevant facts, laws, policies, socio-economic considerations, and local ordinances, and prepare proposed solutions to these questions in the form of advisory memos and recommendations.  

    716

    CyberSecurity, Privacy and Government Surveillance 3
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • Spring 19
    • Spring 20
    • Fall 21
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Group project(s)
    • In-class exercise
    • Class participation

    The acquisition, management, analysis, dissemination, and security of data 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 is revealed in on line transactions, enabling it to be acquired for multiple uses, and much resides on servers and storage media where it can be accessible or potentially accessible to commercial enterprises and government agencies. New cybersecurity risks are demanding responses from governments as they address attacks on critical infrastructure, election interference and the potential for manipulation of the data used to train artificial intelligence tools.

    In both the commercial sector and the government sector, the legal and policy issues associated with data, cybersecurity and surveillance are growing in importance.   Discussion of these issues in either sector cannot ignore the others, 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 …”[1]  This intersection of issues creates particular challenges for existing constitutional, legislative and international governance models.

    In the government sector, increased risks such as nation state cyber threats now create new priorities to add to those efforts spurred by the terrorist attacks on September 11, 2001.  Combating and preventing terrorist and cybersecurity attacks relies heavily on the collection of information through electronic surveillance.  The tension between these efforts and individual privacy creates frictions that are forcing reconsideration of existing methods of mediating these interests.  This tension then creates challenges for long accepted ideas of nation state use of signals intelligence interception and other information gathering operations (such as the gathering of intelligence about potentially hostile governments).  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.  


    [1] Presidential Policy Directive/PPD-28, p. 1 (January 17, 2014).

     

    738

    Financial Law and Regulation: Practitioner's Perspective 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • Spring 19
    • Spring 20
    • Reflective Writing
    • 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.

    The course will be structured as follows:

    1. Six 4 hour components, focusing on specific aspects of financial practice according to the expertise of the teacher. Lee Reiners will hold an opening 2 hour class session.
    2. Taught by a series of expert practitioners, who will spend two days at the school. Classes will be held on Thursday and Friday.
    3. The course is a seminar based on a compilation of readings provided during the course.
    4. Students will be graded based upon class participation and six, 1,500-word, writing assignments pertaining to each of the six topics discussed by our guest lecturers.

    Likely topics to be covered include:

    • Derivatives regulation
    • High frequency trading
    • FDIC resolution and the insurance fund
    • Volcker Rule and Regulation W
    • Bank capital requirements

     

    Class will run from Feb 15th to April 5th and will consist of 13 class sessions that are 2 hours long. Seven class sessions will be on a Friday morning from 9-11am and 6 class sessions will be on Thursday afternoon from 4:00pm to 6:00pm.

    779

    Well-Being and the Practice of Law 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    • Spring 19
    • Spring 20
    • Spring 21
    • Spring 22

    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.

    Course Credits

    Semester

    JD Course of Study

    JD/LLM in International & Comparative Law

    JD/LLM in Law & Entrepreneurship

    International LLM - 1 year

    Certificate in Public interest and Public Service Law

    Areas of Study & Practice