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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.

The list of classes marked Spring 2023 is incomplete and is being regularly updated.

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

Clear all filters 2 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

581

Blockchain, Fintech Law and Policy. 2
  • JD SRWP, option
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM required
  • IntlLLM writing
  • IntlLLM Business Cert
  • Fall 20
  • Spring 22
  • Spring 23
  • Research paper, 25+ pages
  • Class participation
Updated: November 12, 2021

The Internet, the increased power of computing and new technology are driving the decentralization of all aspects of the global economy, including financial services. Today, we can surf the Internet, download apps, listen to music, shop, send money to friends and family, manage our financial accounts, and buy bitcoin – all from our smartphones.

For decades, banks had been one-stop shops for financial services. Financial technology firms (fintechs), leveraging the sharing of personal customer bank account data, have quickly emerged to unbundle aspects of financial services and rebundle them on platforms. The pace of platformization has picked up since the Global Financial Crisis of 2008, yet financial laws and regulations have not kept pace. Data protection laws were passed in the 1970s long before the advent of fintech services and products, and customer liability protections do not fully extend to nonbank-provided mobile payment transactions.

Meanwhile, money is making a leap in evolution. From commodity-based currencies to fiat-based currencies that support commercial bank money and mobile payments, we now see an emergence in cryptocurrencies beginning with Bitcoin launched in 2009. Questions about whether central banks should issue their own form of digital currency became more pressing when Facebook announced its plans in 2020 to issue a digital currency: Libra. Now central banks around the world are exploring issuing central bank digital currencies or CBDCs. These developments raise important questions of how best to design CBDCs and what kinds of personal data can be collected on users transacting in CBDCs.

New technologies such as blockchain are driving further innovation in financial services. After the advent of native cryptocurrencies like Bitcoin and Ethereum with high price volatility, stablecoins were developed with the goal of being more “stable”. However, it is uncertain under US laws or regulations if these digital assets are commodities, securities, or currency. These blockchain technologies are driving decentralization of financial services, and perhaps the largest legal and policy question of all is how should decentralized finance, or DeFi, fits in our current framework of laws and regulations.

This course aims to provide you with an understanding of legal and policy issues raised by tech-driven financial innovation. You will learn about the critical legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments 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.

This course will be delivered online.  Students will be assessed on class participation and a 25-30 page research paper. This paper may not be used to satisfy the JD SRWP requirement without permission.  The paper will satisfy the LLM writing requirement.

647

Research Tutorial: Marine Species at Risk in a Changing Atlantic 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM required
  • PIPS elective
  • Fall 22
  • Research and/or analytical paper
  • Oral presentation

Professors Michelle Nowlin and Steve Roady are working with colleagues at Dalhousie University in Nova Scotia and the Environmental Law Institute to organize a workshop that will take place on November 3-4, 2022 at the Duke in D.C. office.  The workshop, Transboundary Marine Species at Risk in a Changing Atlantic: Taking Stock of Canadian and US Scientific and Governance Responses, Enhancing Future Cooperation, will bring together marine scientists, government experts, and legal scholars to assess the population and recovery status of species at risk of extinction due to habitat degradation, incidental impacts of commercial activities, and climate change; compare national approaches to species management and protection; assess the effectiveness of existing agreements; and  explore ways to improve bilateral and regional cooperation and address changes in migration patterns as the ocean warms.  This Research Tutorial provides students at the Law School and the School of the Environment with the opportunity to engage with experts and contribute to this workshop.  Students would conduct legal research and literature reviews and develop case studies that they would present at the workshop.  Students also would attend the full two-day workshop, serving as rapporteurs of the different sessions, and then work with the workshop’s steering committee to produce a report of the proceedings.

At the federal level, the regulatory regimes for the management and conservation of ocean life forms present different issues in the USA and Canada.  As a general rule, this country’s environmental laws provide more robust protections than those in Canada.  At the same time, the Canadian Department of Fisheries and Oceans has been more aggressive than its US counterpart (the National Marine Fisheries Service) in efforts to limit damage to such species as endangered whales.  The ability of these two agencies to work cooperatively in a constructive fashion is growing in importance as climate change is driving more ocean species to shift the balance of their activities from one side of the USA/Canada border to the other.  With specific species (e.g., the right whale, the blue whale, and the American eel) as the focus of case studies, students in this tutorial would engage in comparative analyses of the differing regulatory approaches in the two countries and endeavor to formulate suggestions for improvement. 

Enrollment requires instructor permission, and applicants should have both interest in this field and some background in/academic focus on marine species, international or environmental law, and government policy/governance.   Students interested in applying for the course should submit a short (250-500 word) statement of interest about why they would like to enroll in the course and highlighting coursework and/or experience. Statements should be sent to Professor Roady sroady@duke.edu, no later than 4 pm on Friday, June 17.  Students will be notified before the first registration window opens on Tuesday morning so that you can factor the seminar into your semester credit load. 

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