Course Browser

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

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

 

Credits
Semester
JD Course of Study
JD/LLM in International & Comparative Law
JD/LLM in Law & Entrepreneurship
International LLM - 1 year
LLM in Law & Entrepreneurship - 1 year
Certificate in Public interest and Public Service Law
 
Clear all filters100 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

110

Civil Procedure 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Class participation

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

140

Criminal Law 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  • Final Exam
  • Class participation

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

180

Torts 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  1. Fall 16
  2. Fall 17
  3. Spring 18
  4. Fall 18
  • Final Exam
  • Class participation

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

201

Legal Writing: Craft & Style 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Practical exercises
  • Class participation

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

The workshop might be particularly useful to:

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

220

Conflict of Laws 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM - New York Bar Exam
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam
  • Class participation

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

225

Criminal Procedure: Adjudication 3
  • JD - general credits
  • International LLM - New York Bar Exam
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam

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

226

Criminal Procedure: Investigation 3
  • JD - general credits
  • International LLM - New York Bar Exam
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam

This course is a study of the legal limitations on criminal investigative practices contained in the Fourth, Fifth, and Sixth Amendments to the Constitution. Topics include search and seizure, arrest, the exclusionary rule, electronic surveillance, the privilege against self-incrimination, interrogation, confessions, and the right to counsel.

237

Ethics of Social Justice Lawyering 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  • International LLM - New York Bar Exam
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Fall 17
  • Final Exam
  • Class participation

This course examines Professional Responsibility as it applies to representing poor and/or underrepresented clients (in criminal and civil cases), as well as to lawyering for social justice causes, through impact litigation and other means. We will explore the substantive law of Professional Responsibility, focusing on ethical challenges frequently encountered in social justice representation (e.g., representing clients who are uneducated or culturally different than the attorney, practicing with limited resources in an environment of many unmet legal needs, defining who the client is when representing a group or cause, and the tensions created when the requirements of Professional Responsibility are at odds with the attorney's personal morality or vision of social justice).  While we will work mostly from the ABA Model Rules of Professional Conduct, required reading will also include scholarship on the unique ethical and moral dilemmas of social justice lawyers, and students will be encouraged to think critically about the rules of Professional Responsibility and their application in social justice contexts.  Throughout the course, we will consider and practice the lawyering skills needed to ethically represent clients and social causes, through in-class resolution of hypotheticals and experiential learning, such as simulations or role-playing.   Several practicing, social-justice attorneys will join us to guest-speak.

238

Ethics and the Law of Lawyering 2
  • JD - general credits
  • JD - ethics
  • International LLM - New York Bar Exam
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Final Exam
  • Class participation

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

 

239

Ethics and the Law of Lawyering in Civil Litigation 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Spring 19
  • Final Exam
  • Practical exercises

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

245

Evidence 4
  • JD - general credits
  • International LLM - New York Bar Exam
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Final Exam

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

250

Family Law 3
  • JD - general credits
  • International LLM - New York Bar Exam
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Practical exercises
  • Class participation

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

255

Federal Income Taxation 4
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • 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.

260

Financial Accounting 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam

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

289

Business Essentials 2
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
    • Final Exam

    The course is intended to introduce law students to essential principles of accounting, financial statement analysis, finance, business valuation, the economics of the firm, financial instruments, capital markets, and corporate transactions.

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

    290

    Remedies 3
    • JD - general credits
    • International LLM - New York Bar Exam
    1. Spring 18
    2. Spring 19
    • Final Exam
    • Class participation

    This course examines the powers and limits of the law to right those who have been wronged. We will cover different forms of remedies—including money damages, injunctions, and declaratory judgments. We will also explore ancillary remedies or enforcement mechanisms, such as the power of courts to hold parties in contempt. The course spans both private and public law contexts, with specific case studies ranging from school desegregation to the September 11th Victim Compensation Fund. Ultimately, the goal of the course is to provide an understanding of how the law responds to transgressions of substantive law, and also to provide a richer account of the power of our legal institutions more generally.

    306

    Corporate Crime 4
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Business Law Certificate
    1. Fall 16
    2. Fall 17
    3. Spring 18
    • 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 involved in potential criminal violations (and certain civil analogues); and (2) the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context.

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

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

    309

    Children and the Law 2
    • JD - Substantial Research and Writing Project requirement (SRWP), option
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Spring 18
    • Reflection Papers
    • Final paper (10+ pages in length)

    This seminar is derived from the three-credit Children and the Law course.  Where the latter is a broad survey of the law governing decision making for children and the relationship between parents and the state that arises in that context, this seminar focuses in on the three areas of the law that tend to generate the most cultural and legal controversy: education, religion, and maltreatment.  Students will be required to prepare memoranda throughout the semester on related topics including home schooling, curriculum reform, vaccination law, proxy consents to medical treatment and research, corporal punishment, and the Fourth Amendment’s special needs administrative search exception.  The course can be used to satisfy the upper-level writing requirement.  There are no prerequisites.  However, because the subject matter builds on the foundations of constitutional law, property, and torts, it will be useful to have taken these classes.

    310

    International Dispute Resolution 2
    • JD - general credits
    • LLM-ICL - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Business Law Certificate
      • Final Exam
      • Practical exercises
      • Class participation

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

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

      313

      Judicial Decisionmaking 3
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      1. Spring 17
      2. Spring 19
      • Final Exam

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

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

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

       

      315

      Complex Civil Litigation 3
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      1. Spring 17
      2. Spring 18
      3. Spring 19
      • Final Exam
      • Oral presentation
      • In-class exercise

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

      317

      Criminal Justice Ethics 2
      • JD - general credits
      • JD - ethics
      • International LLM - New York Bar Exam
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      1. Fall 16
      2. Fall 17
      3. Fall 18
      • Final Exam
      • Reflection Papers
      • Class participation
      • Other

      The Criminal Justice Ethics course is centered on the law governing lawyers operating in the criminal justice system. It explores some of the critical issues facing lawyers in the roles of defense counsel, prosecutor, judge, etc., and includes several guest speakers and visits to a prison and courthouse. Case studies and problems are drawn from North Carolina cases, including some of the Duke Wrongful Conviction Clinic's cases of actual innocence.

      319

      Analytical Methods 2
      • JD - general credits
      • JD-LLM-LE - required courses
      • LLM-LE (1 year) - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Business Law Certificate
      1. Fall 16
      2. Fall 17
      3. Fall 18
      4. Spring 19
      • Final Exam
      • Practical exercises
      • Class participation

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

      The areas of focus include:

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

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

      330

      Federal Criminal Law 4
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      1. Spring 17
      2. Spring 18
      3. Fall 18
      • Take-home examination
      • Oral presentation
      • Practical exercises
      • In-class exercise
      • Class participation

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

      The grade will be based on mock arguments and a take-home examination.

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

       

      334

      Civil Rights Litigation 3
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      1. Spring 17
      2. Spring 18
      3. Spring 19
      • Final Exam
      • Practical exercises
      • In-class exercise
      • Class participation

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

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

      338

      Animal Law 2
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Environmental Law Certificate
      • Public Interest Certificate: General Elective
      1. Spring 17
      2. Spring 18
      3. Spring 19
      • Reflection Papers
      • Class participation

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

      338O

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

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

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

        342

        Federal Courts 4
        • JD - general credits
        • International LLM - New York Bar Exam
        • Public Interest Certificate: General Elective
        1. Spring 17
        2. Spring 18
        3. Spring 19
        • Final Exam

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

        343

        Federal Courts I: Constitution & Judicial Power 3
        • JD - general credits
        • International LLM - New York Bar Exam
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        1. Fall 17
        2. Fall 18
        • Final Exam

        This installment focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, and finality), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies).

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

        344

        Federal Courts II - Public Law Litigation 3
        • JD - general credits
        • International LLM - New York Bar Exam
        • Public Interest Certificate: General Elective
        1. Spring 18
        2. Spring 19
        • Final Exam

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

        Federal Courts I (Fall 2015) is not required.

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

        371

        Products Liability 2
        • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Business Law Certificate
        1. Spring 18
        • Final paper (10+ pages in length)
        • Practical exercises
        • Class participation

        In a first-year torts course, it is possible only to scratch of the surface of products liability law’s history, substantive and procedural complexity, theoretical underpinnings, and policy implications. Given its intricacy, practical significance, and usefulness as a window into tort law more generally, products liability is an ideal subject for an upper-level torts course. This dedicated products liability course offers students the opportunity to delve more deeply into the thorny legal doctrines and problems of proof that arise in the practice of products liability law. The course also gives students the chance to revisit many issues of general importance to tort law, including: strict liability versus negligence as potential bases for recovery in tort; the allocation of liability among plaintiffs and multiple tortfeasors; the interaction between doctrines of liability and problems of proof; and the relationships among economic regulation, social insurance, the law of contracts, and the law of torts.

        371W

        Products Liability, Writing Credit 1
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Business Law Certificate
        1. Spring 18
        • Final research paper (25+ pages in length)

        While enrolled in LAW 371 Products Liability, students may submit a 30+ page significant research paper which would be eligible for satisfaction of the JD-ULWR.

        388

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

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

        398

        Juvenile Courts & Delinquency 2
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Final Exam

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

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

        399

        Forensic Psychiatry 2
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        1. Spring 17
        2. Spring 18
        3. Spring 19

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

        400

        Health Justice Clinic 4-6
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Fall 16
        2. Spring 17
        3. Fall 17
        4. Spring 18
        5. Fall 18
        6. Spring 19
        • Journal
        • Practical exercises
        • Live-client representation and case management
        • Class participation

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

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

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

        Clinics Enrollment Policy

        Important:

        • Students are required to attend the day-long clinic intensive training session.  Students who have previously completed a clinic may skip the morning portion 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.
        • Course website
        • ** Variable Credits 4-6 **

        Ethics Requirement

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

        Enrollment Pre/co-requisite

        Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

        401

        Advanced Health Justice Clinic
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Fall 16
        2. Spring 17
        3. Fall 17
        4. Spring 18
        5. Fall 18
        6. Spring 19
        • 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.

        405

        Appellate Practice 3
        • JD - general credits
        • JD - experiential learning
        • Public Interest Certificate: General Elective
        1. Fall 16
        2. Fall 17
        3. Spring 18
        4. Fall 18
        • Final paper (10+ pages in length)
        • Oral presentation
        • Class participation

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

        The problem assigned in the course will be the same on used in the Dean's Cup competition. But Appellate Practice is not a prerequisite for participating in the competition. Students who cannot take the course are eligible for the Dean's Cup and are encouraged to participate.

        Please note: This course is offered only in the fall.

         

        407

        Appellate Litigation Clinic (Fall) 3
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Fall 16
        2. Fall 18
        • Reflection Papers
        • Final paper (10+ pages in length)
        • Group project
        • Class participation

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

        This is a year-long clinic, and enrollment is limited to third-year students (i.e., students enrolling in this clinic must have completed fourth semesters of law school). Because of the time necessary to handle an appeal from briefing through argument, this is a year-long clinic offering 3 credits in the fall and 2 credits in the spring, and each student must enroll in both semesters.

        For a practitioner, the appellate process focuses largely on researching and writing; thus most of the work in this clinic will entail researching and writing. Work will include reviewing the trial court record to identify appealable issues, conducting sophisticated legal research, drafting research memos, drafting appellate briefs, participating in tactical decision making, preparing the excerpts of record for the court of appeals, and preparing for oral argument if argument is scheduled. If oral argument is calendared during the academic year, a student may also argue the appeal, with client and court permission (only one student on a team can argue any appeal). In addition, the clinic director will meet with the students in a seminar setting early in the year to discuss appellate advocacy and the law necessary to handle the appellate work.

        It is also helpful if students enrolling in this course have previously taken appellate practice. It is recommended that students enrolling in this course have completed or have contemporaneously enrolled in the federal courts course.

        Because of tight court-imposed deadlines and the demands of appellate practice, this course requires students to be exceedingly flexible with their schedules and to dedicate significant amounts of time in the briefing process and in preparing for oral argument. The briefing schedule overlaps with fall break, and for reply briefs the schedule has often overlapped with a portion of winter break. Oral argument preparation has often overlapped with spring break.

        Clinic students represent real clients, enter appearances in court, and operate under court-imposed deadlines.  Consequently, if scheduling conflicts arise, work on a clinic case must take priority over extracurricular activities (such as moot court).

        Enrollment is limited to eight students (unless case load permits larger enrollment, which won't be known until the fall semester commences).

        Like students in all other Duke clinics that meet in the fall, appellate clinic students must attend the ethics portion of the all-day clinic intensive held on a Friday in early September.

        408

        Appellate Litigation Clinic (Spring) 2
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Spring 19
        • Reflection Papers
        • Final paper (10+ pages in length)
        • Group project
        • Class participation

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

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

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

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

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

        416

        Children's Law Clinic
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Fall 16
        2. Spring 17
        3. Fall 17
        4. Spring 18
        5. Fall 18
        6. Spring 19
        • Practical exercises
        • In-class exercise
        • Live-client representation and case management
        • Class participation

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

        Important:

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

        Ethics Requirement

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

        417

        Advanced Children's Law Clinic 3
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Spring 17
        2. Fall 17
        3. Spring 18
        4. Fall 18
        5. Spring 19
        • Practical exercises
        • Live-client representation and case management

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

        420

        Trial Practice 3
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        1. Spring 17
        2. Spring 18
        3. Spring 19

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

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

        421

        Pre-Trial Litigation 2
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        1. Fall 16
        2. Spring 17
        3. Fall 17
        4. Spring 18
        5. Fall 18
        6. Spring 19
        • Practical exercises
        • In-class exercise
        • Class participation

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

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

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

        422

        Criminal Trial Practice 3
        • JD - general credits
        • JD - experiential learning
        • Public Interest Certificate: General Elective
        1. Fall 16
        2. Spring 17
        3. Fall 17
        4. Spring 18
        5. Fall 18
        6. Spring 19

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

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

        425

        Pretrial Criminal Litigation 1
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        1. Fall 17
        2. Fall 18
        • Oral presentation
        • Practical exercises
        • Class participation

        This course will focus on the pretrial phase in criminal cases.  We will begin with a defendant’s initial appearance and conclude with a plea hearing.  Class discussions and readings will explore the pretrial practices of effective defense counsel, including conducting a defense investigation, working with experts, and managing clients.  The class will also emphasize oral advocacy skills, so students will be expected to appear as counsel during mock, in-class court hearings. It is anticipated that each class session will be divided into two components: (1) a short lecture/discussion period based on course readings and (2) skills practice.  Finally, this course will provide students with an opportunity to familiarize themselves with criminal case pleadings, including the drafting of at least one motion.  The course grade will be based on classroom participation, performance, and written work.  There is no final exam. 

        429

        Civil Justice Clinic 4
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Fall 16
        2. Spring 17
        3. Fall 17
        4. Spring 18
        5. Fall 18
        6. Spring 19
        • Group project
        • Practical exercises
        • Live-client representation and case management
        • Class participation

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

         


        Important:

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

        Ethics Requirement

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

        431

        Advanced Civil Justice Clinic
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Public Interest Certificate: Experiential Requirement
        1. Spring 17
        2. Fall 17
        3. Spring 18
        4. Fall 18
        5. Spring 19
        • Group project
        • Practical exercises
        • Live-client representation and case management
        • Class participation

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

        Variable Units: 1-2 credits

        448

        Guantanamo Defense Clinic 4
        • JD - general credits
        • JD - experiential learning
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
          • Oral presentation
          • Practical exercises
          • Final research paper (25+ pages in length)
          • Class participation

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


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


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


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


          Clinic Contact Information:
          Phone: 919.613.7049
          Fax: 919.613.7231

          448B

          Advanced Guantanamo Defense Clinic 2
          • JD - general credits
          • JD - experiential learning
          • LLM-ICL - general credits
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective
            • Final research paper (25+ pages in length)
            • Oral presentation
            • Practical exercises
            • Class participation
            Course requirements: Each student will perform a minimum of 50 hours of clinic work.

            Prerequisite: Guantanamo Defense Clinic.

            460

            Negotiation for Lawyers 3
            • JD - general credits
            • JD - experiential learning
            • JD-LLM-LE - general credits
            • LLM-LE (1 year) - general credits
            • International LLM/Exchange/SJD - general credits
            1. Fall 16
            2. Spring 17
            3. Fall 17
            4. Spring 18
            5. Fall 18
            6. Spring 19
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Journal
            • Practical exercises
            • In-class exercise
            • Class participation

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

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

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

            470

            Poverty Law 3
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Spring 17
            2. Spring 18
            3. Spring 19
            • Final Exam

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

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

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

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

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

            471

            Science Regulation Lab 2
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            • International LLM, Environmental Law Certificate
            1. Spring 17
            2. Spring 18
            3. Spring 19

            SciReg Lab teaches students about the use of emerging science and technology in the regulatory agencies and courts through the drafting and submission of comments to federal rule-makings and amicus briefs. The briefs and comments will be unaligned with any party and are intended to provide the regulatory agencies and courts with unbiased, current, accurate and coherent information about the science underlying the proposed rule or pending case. The course is cross-listed in the Law School and Graduate School and the students will be drawn from the sciences, ethics, policy and law to work in interdisciplinary teams. The course will begin with a brief overview of notice-and-comment rulemaking, appellate court practice and the role of amicus briefs, and how to translate scientific information into the language of courts and agencies. The ethical issues presented by this process will be an important component of the course content. With the assistance of faculty, the students will track pending rulemakings and court cases and select a proceeding or case in which to file a comment or brief. A background in science is recommended, but not required.

            493

            Wrongful Convictions Clinic 4
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            • Public Interest Certificate: Experiential Requirement
            1. Fall 16
            2. Spring 17
            3. Fall 17
            4. Spring 18
            5. Fall 18
            6. Spring 19
            • Practical exercises
            • In-class exercise
            • Live-client representation and case management
            • Class participation

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

            494

            Advanced Wrongful Convictions Clinic
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Fall 16
            2. Spring 17
            3. Fall 17
            4. Spring 18
            5. Fall 18
            6. Spring 19
            • Group project
            • Practical exercises
            • Live-client representation and case management
            • Class participation

            The Advanced Clinic builds on the lectures, training, and work of the Wrongful Convictions Clinic. Students will be assigned to Clinic cases, working more independently than Clinic students, though still under faculty supervision.  Depending on the status of the case, students will interview witnesses, draft legal documents, work with experts, prepare for court, and otherwise take the steps necessary to prove the Clinic client’s claim of innocence and related constitutional claims.  Prerequisite: Wrongful Convictions Clinic or, in the exceptional case, permission of the instructor.

             

            500

            Arbitration: Law and Practice 3
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            1. Fall 16
            2. Fall 17
            3. Fall 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Oral presentation
            • Class participation

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

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

            501

            Civil Litigation in U.S. Federal Courts: Transnational Issues 2
            • JD - general credits
            • LLM-ICL - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            2. Fall 17
            3. Spring 19
            • Final Exam

            This course analyzes civil suits in U.S. federal courts that raise cross-border, international and foreign legal issues. Specific topics covered include transnational jurisdiction, international forum selection, transborder choice of law, extraterritorial application of U.S. law, federal rules for service of process and discovery of evidence abroad, the special treatment of foreign governments as parties, and recognition and enforcement of foreign judgments.

            502

            Forensics Litigation 1.5
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Fall 18
            • Final paper (10+ pages in length)
            • Group project
            • Oral presentation
            • Practical exercises
            • Class participation

            Forensic evidence, from DNA to fingerprints to ballistics, has never been more important in criminal cases.  However, litigating scientific evidence in the courtroom is not like it appears on TV shows like CSI—it is challenging and requires some specialized skills.  We are excited to offer a new short course to provide those skills—by the end of the course you will be able to handle sophisticated scientific evidence in the courtroom.  While the focus is on forensics used in criminal cases, many of the same principles and skills apply when litigating scientific evidence in any type of case.  The course will be a practicum: a scientific evidence trial advocacy course. We will begin with introductory lectures both on forensics and how to prepare for trial, so that students will be fully ready for their parts in a final eight-hour day of simulations.  During the simulations, the “prosecutors” will first interview their forensic experts (one of your instructors), and talk to them about their case file documents, which are taken from real cases.  The class will break into groups to brainstorm potential motions to exclude expert testimony or limit language and discuss collectively as a class, both sides will conduct mock trials with direct and cross-examination of forensic experts before a judge, and finally, we will conduct closings.  We will stop in between each session to exchange feedback and talk about what worked and what did not.  Each student will have a chance to present in these simulations.  The course will also be to open to a select group of experienced practicing criminal lawyers who will collaborate with students throughout the simulations.  Students will be graded on a memo written reflecting on their portion of the trial; their draft questions finalizing their planned questions; and on their participation and oral advocacy in the simulations.  While having taken evidence or trial advocacy is helpful, it is not a prerequisite.

             

            504

            Critical Race Theory 2
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Spring 18
            2. Spring 19
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Oral presentation
            • Class participation

            Critical race theory (CRT), a scholarly movement that began in the 1980s, challenges both the substance and style of conventional legal scholarship.  Substantively, critical race scholars (“race crits”) reject formal equality, individual rights, and color-blind approaches to solving legal problems.  Stylistically, race crits often employ new methodologies for legal scholarship, including storytelling and narrative.  This course introduces CRT’s core principles and explores its possibilities and limitations.  With a heavy focus on writings that shaped the movement, the course will examine the following concepts and theories: storytelling, interest convergence theory, the social construction of race, the black-white paradigm, the myth of the model minority, intersectionality, essentialism, working identity, covering, whiteness and white privilege, colorblindness, microaggressions, and implicit bias.  Students will apply these theories and frameworks to cases and topics dealing with, among other things, first amendment freedoms, affirmative action, employment discrimination, and criminal disparities and inequities.  The course affords students an opportunity to think about the ways in which racism, sexism, classism, and heterosexism are inextricably interwoven as well as an opportunity to challenge critically our most basic assumptions about race, law, and justice.

            505

            Criminal Justice Policy Lab 2
            • JD - Substantial Research and Writing Project requirement (SRWP), option
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Fall 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Oral presentation
            • Class participation

            The growth in incarceration in the United States since the early 1970s has been “historically unprecedented and internationally unique,” as the National Research Council recently put it. This lab seminar will explore current debates about how best to improve our criminal justice system. The focus will be on concrete research projects with the potential to improve criminal justice outcomes in North Carolina. Students will learn how to conduct policy-based research on criminal justice problems, and students will choose projects and write research papers studying possible reforms. Visitors to the seminar will include leading lawyers, policymakers, and scholars to speak to the class, and to assist with the research efforts.  Students will better appreciate the challenges of designing a sound criminal justice system and also learn how as lawyers they may participate in successful and well-researched policy reform efforts.

            510

            Legal Interviewing & Counseling 2
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Fall 16
            2. Spring 17
            3. Fall 17
            4. Spring 18
            5. Fall 18
            6. Spring 19
            • Journal
            • 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.

            511

            International Criminal Law 3
            • JD - general credits
            • LLM-ICL - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            2. Spring 19
            • Final Exam

            "An international crime," wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law.  Such a branch of international law does not exist."  This course will begin by probing the concept of international criminal law.  What does it mean to say that certain conduct constitutes an "international crime"? What are the objectives of such a legal regime?  We will then examine the law of genocide, war crimes, crimes against humanity, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

            513

            Murder Trials: Real-World Lessons in Persuasive Advocacy 2
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            1. Spring 19

            Credits earned in this seminar, grounded in simulating participation in certain aspects of a murder trial, apply to the experiential learning requirement for graduation. The course's backbone will be real first-degree murder cases that resulted in conviction and the death penalty. Simulations in the form of class exercises and writing assignments will be based upon those high-stake cases' actual evidence, defense and prosecuting attorneys' decisions and actions, and the controlling constitutional and evidentiary law. The simulations will include but not be limited to attorneys' brainstorming to make tactical decisions, composing jury selection questions to pick a "fair" but "death-qualified" jury, and writing and presenting opening statements and closing arguments. In the simulated activities, students will learn to practice the art of persuasive, zealous advocacy in the face of challenges to professionalism, ethical dilemmas, and complex tactical choices. Lessons about advocacy, though learned in the context of death penalty cases' memorable circumstances, apply equally to students' future practice in transactional or civil litigation practice.

            528

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

            536

            The Presidency and Criminal Investigations 1
            • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
            • JD - general credits
            • Public Interest Certificate: General Elective
            1. Spring 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Class participation

            Recent developments have brought to the fore a collection of legal issues, some novel and others dormant for many years, relating to the interaction of the criminal investigative process with the White House and the presidency.  The seminar will discuss the legal boundaries around the criminal justice process’s interaction with the White House, while exploring larger themes about the office of the presidency and the constitutional structure of the national government.  The course will be structured around six relatively stand-alone topics:  (1) Independent and special counsels and their interaction with congressional investigations; (2) The grand jury, immunity, the Fifth Amendment privilege, and perjury/obstruction of justice, as they relate to White House investigations; (3) Representing the president:  attorney-client privilege, the White House counsel, and the private defense bar; (4) Executive privilege and potential executive immunity from indictment, trial, conviction and/or sentence; (5) The pardon power; and (6) The law of impeachment.
            Students will be expected to lead one class meeting discussion during the semester, and a total of 15 pages of writing will be required. Students may elect to write four response papers of approximately four pages each, or one longer paper at the end of the semester of at least 15 pages.  Students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit, and this research project may be used to satisfy the upper-level writing requirement.

            536W

            The Presidency and Criminal Investigations, Writing 1
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • Public Interest Certificate: General Elective
            1. Spring 18
            • Final research paper (25+ pages in length)

            While enrolled in LAW 536 The Presidency and Criminal Investigations, students may submit a significant research paper and earn an additional one credit for the course. 

            539

            Ethics in Action 2
            • JD - general credits
            • JD - ethics
            • JD - experiential learning
            • International LLM - New York Bar Exam
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            2. Fall 17
            3. Spring 19

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

            546

            International Law of Armed Conflict 3
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - Substantial Research and Writing Project requirement (SRWP), option
            • JD - general credits
            • LLM-ICL - general credits
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Spring 17
            2. Spring 18
            3. Spring 19
            • Reflection Papers
            • Final research paper (25+ pages in length), option
            • Final paper (10+ pages in length)
            • Oral presentation
            • Class participation

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

            547

            Criminal Justice Policy: Crime, Politics, and the Media 2
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Fall 16
            2. Spring 19
            • Reflection Papers
            • Group project
            • Class participation

            This course will focus on various changes in criminal justice policy that occurred in during the last four decades (e.g., changes in sentencing law and policy, increased incarceration rates, and the "war on drugs") and will explore some of the factors that brought about those changes. To what degree were these changes responses to changes in the rates and types of crimes experienced in the U.S.? To what degree were these changes prompted by political campaigns and strategies, or by a media-induced sense of crisis? What factors determine how the media covers crime and criminal justice? And how does media coverage affect public opinion? How do the U.S. politics of crime vary from that of other countries? Readings will include legal materials that will probe and analyze statutory and administrative changes, as well as interdisciplinary readings.

            551

            NC Civil Justice Reform 2
            • JD - general credits
            • Public Interest Certificate: General Elective

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

              553

              Empirical Research Methods in Law 1
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              1. Fall 16
              2. Fall 18
              • Final Exam, option
              • Final paper (10+ pages in length), option
              • In-class exercise

              There are three major objectives for this course: (1) to provide you with a substantive understanding of empirical methods and an opportunity to learn the principals of these methods with hands-on experience with easy-to-use statistical software (e.g., Excel and Stata); (2) to develop skills to choose and work with experts, and the ability to develop and refute quantitative evidence; and (3) to develop the necessary skills for critical thinking and evaluation of empirical work in academic studies and expert witness reports.

              The course will be divided into three major components. The first section of the course will introduce a broad range of topics in methodology, from study design and hypothesis testing to descriptive statistics and multivariate regression techniques in the context of legal issues faced by practicing attorneys. The second section will include a series of lectures by judges and empirical scholars with a wealth of experience working with and as expert witnesses. The final section of the course will utilize this new knowledge and training to critically evaluate empirical scholarship and expert reports. Together, these course components will provide you with a comprehensive background in empirical methods and will prepare you for sophisticated and critical consumption of statistical analyses. The course also will equip those of you who are interested in pursuing academia with a foundation in quantitative research to produce empirical scholarship.

              Participation during class is strongly encouraged, and computers are allowed in the classroom. Course grades will be based on class participation (10%), hands-on exercises (10%), and a discussion paper (80%).  For the paper, you will be asked to evaluate an Expert Report and discuss the strengths and weaknesses of the study based on the research methods covered in this course. You have the option to take an in-class exam as a substitute for the paper.

               

              554

              Deceit and Betrayal: Perspectives on Fraud and Breach of Fiduciary Obligation 2
              • JD - general credits
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • International LLM/Exchange/SJD - general credits
              • International LLM, Business Law Certificate
              1. Spring 17
              • Final research paper (25+ pages in length)

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

              562

              Sentencing & Punishment 2
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              • Public Interest Certificate: General Elective
              1. Fall 16
              2. Fall 17
              3. Fall 18
              • Final research paper (25+ pages in length)
              • Class participation

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

              570

              Criminology and Criminal Procedure 2
              1. Spring 18
              2. Spring 19
              • Class participation

              In this seminar, we will read social science research to examine the empirical assumptions of rules, systems, and practices of criminal law and procedure. We will cover a series of empirical questions, which may include: (1) Does stop and frisk policing reduce crime? (2) Can body cameras change police behavior? (3) Does the death penalty deter? (4) Are there alternatives to incarceration that can keep us safe? (5) Is there racial disparity in sentencing, and if there is, what can we do about it? (6) What is the right age of majority to separate the juvenile and adult justice systems?

              While some background in social science and statistics may be helpful, it is not a requirement for the course. Students will be evaluated based on class participation and a series of reaction papers. Students will also be asked to lead discussion of some of the readings.

              574

              Lying and The Law of Questioning 1
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              1. Spring 17
              • Reflection Papers
              • Class participation

              This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what is sometimes called “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in public life. The criminal justice system is both a natural habitat for dishonesty and the place where achieving accuracy is most important. Accordingly, we will use the context of investigations and trials to explore some larger themes about establishing factual baselines despite intense conflict. Topics will include liability for dishonest statements in investigations and testimony, interrogation practices, the problem of false confessions, incentivized witnesses, character and credibility, cross examination, storytelling at trial, and lie detection in the laboratory, courtroom, and popular culture. Readings will be posted on line and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

              574W

              Lying and The Law of Questioning, Writing Credit 1
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              1. Spring 17
              • Add on credit

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

              575

              Securities Litigation and Enforcement in Practice 2
              • JD - general credits
              • JD - experiential learning
              • International LLM/Exchange/SJD - general credits
              • International LLM, Business Law Certificate
              1. Spring 19
              • 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.

              579

              Mass Torts 2
              • JD - general credits
              • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • International LLM/Exchange/SJD - general credits
              • International LLM, Environmental Law Certificate
                • Reflection Papers
                • Final paper (10+ pages in length)
                • In-class exercise
                • Class participation

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

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

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

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

                579W

                Mass Torts Writing Credit 1
                • JD - Substantial Research and Writing Project requirement (SRWP)
                • JD - general credits
                  • Add on credit

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

                  584

                  Forensic Science Colloquium 2
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  • Public Interest Certificate: General Elective
                  1. Spring 19
                  • Reflection Papers
                  • Class participation

                  Science has never been more important to crime solving in the United States, with expanding crime labs, DNA databanks, and new crime scene technology. Yet never has the use of forensics been more controversial in the legal and scientific communities, with scientific reports critical of the research foundations of many forensic techniques and new Sixth Amendment and evidentiary challenges in the courts. This seminar will examine the legal, scientific, and the practical questions raised by the use of forensic evidence in our legal system, by bringing in a series of leading scholars, lawyers, and researchers to present cutting edge work (we may also visit a crime lab and meet with its general counsel). During the semester, speakers will present their research to the seminar. The students will have written papers evaluating and critiquing the work in class the week before each speaker presents. We will discuss current legal challenges to the admissibility of forensic evidence, the constitutional regulation of forensics in the courtroom, philosophy of science, privacy issues, and research seeking to improve the uses of forensics in the lab and in the courtroom. Interested faculty from the law school, as well as statistics, psychology, and other disciplines will also attend given sessions. Students do not need a background in science and there are no prerequisites.

                  588

                  Investigating and Prosecuting National Security Cases 2
                  • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
                  • JD - general credits
                  • LLM-ICL - general credits
                  • LLM-ICL - writing requirement, option
                  • International LLM/Exchange/SJD - general credits
                  • International LLM - writing requirement, option
                  • Public Interest Certificate: General Elective
                  1. Spring 18
                  2. Spring 19
                  • Reflection Papers
                  • Final paper (10+ pages in length)
                  • Class participation

                  National security cases present unique challenges to prosecutors and defense attorneys. From the outset of an investigation, and before charges are brought, prosecutors and investigators must take into account a number of considerations, including coordination with the intelligence community and potential conflicts that may arise between law enforcement and intelligence gathering. After a case is charged, such cases frequently present other challenges, such as complying with discovery obligations while protecting classified information and obtaining testimony from foreign witnesses who may be beyond the reach of the U.S. government. This course will provide an in-depth examination of the unique issues that lawyers face in national security prosecutions and the substantive and procedural tools used to navigate those issues.  We will also examine the advantages and limitations of civilian prosecutions and consider the effectiveness of current procedures and criminal statutes in addressing modern national security threats, particularly cyberattacks.  An emphasis will be placed on case-specific examples and hypotheticals, drawing in part on the instructor’s experience and pending public cases.  The course will culminate in a simulation in which students are presented with a rapidly unfolding national security incident in which they are asked to address various hypotheticals at different stages of the case from the perspective of prosecutors, defense attorneys, and judges. 

                  Students will be expected to complete a final paper of 10-15 pages in length on a topic approved by the instructor.  Students who wish to use the paper to satisfy the JD ULWR should enroll in a 1 credit Independent Study with Professor Stansbury and will be expected to write a final paper of 25-30 pages in length.  The Independent Study will be graded on a credit/no-credit basis.

                  599

                  The Federal Prosecutor: A View from the Trenches 2
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  1. Spring 17
                  • Final Exam

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

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

                  633

                  Interrogations and Testimony Seminar 2
                  • JD - general credits
                    • Reflection Papers
                    • Final research paper (25+ pages in length)
                    • Class participation

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

                    683

                    Patent Litigation 2
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • International LLM, Intellectual Property Certificate
                    1. Spring 18
                    • Reflection Papers
                    • Oral presentation

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

                    2 credits.

                    692

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

                    702

                    Alternative Dispute Resolution 3
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    1. Fall 16
                    2. Fall 17
                    3. Fall 18
                    • Final Exam

                    This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR -all of which have gained wide-spread use as alternatives to traditional litigation. The survey encompasses three perspectives; the advocate's perspective in choosing the most appropriate ADR process in light of the different advantages and disadvantages of the various processes; the third-party neutral's perspective in facilitating or fashioning a just resolution of the parties' dispute; and the policy maker's perspective in utilizing ADR as a more efficient and cost effective substitute for traditional adjudication.

                    707

                    Statutory Interpretation Colloquium 2
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • Final research paper (25+ pages in length)
                    • Reflection Papers

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

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

                    731

                    Legal Strategy 3
                    • JD - experiential learning
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    1. Fall 16
                    2. Fall 17

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

                    734

                    Evidence in Practice 2
                    • JD - general credits
                    • JD - experiential learning
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 17
                    2. Spring 18
                    • Reflection Papers
                    • Class participation

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

                    735

                    Advanced Criminal Law 2
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • Public Interest Certificate: General Elective
                    1. Spring 17
                    • Reflection Papers
                    • Final research paper (25+ pages in length)
                    • Class participation

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

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

                    737

                    Environmental Litigation 2
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • International LLM, Environmental Law Certificate
                    • Public Interest Certificate: General Elective
                    1. Fall 16
                    2. Fall 17
                    3. Spring 19
                    • Final paper (10+ pages in length)
                    • Practical exercises
                    • Class participation

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

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

                    748

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

                    760

                    A Practitioner's Guide to Labor Law and Employment 2
                    • JD - general credits
                    • JD - experiential learning
                    • International LLM/Exchange/SJD - general credits
                    • Public Interest Certificate: General Elective
                    1. Spring 17
                    2. Spring 18
                    3. Spring 19
                    • Reflection Papers
                    • Practical exercises
                    • Class participation

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

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

                    765

                    Introduction to Technology in the Law Office 2
                    • JD - general credits
                    • JD - experiential learning
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 17
                    2. Spring 18
                    3. Spring 19
                    • Final paper (10+ pages in length)
                    • Group project
                    • Oral presentation
                    • Practical exercises
                    • Class participation

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

                    776

                    Supreme Court Litigation 2
                    • JD - general credits
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • International LLM/Exchange/SJD - general credits
                    1. Fall 16
                    2. Fall 17

                    This course has three objectives:  

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

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

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

                    779

                    Well-Being and the Practice of Law 1
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 17
                    2. Spring 18
                    3. Spring 19

                    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.

                    785

                    Legal Writing in Civil Practice 2
                    • JD - general credits
                    • JD - experiential learning
                    • International LLM/Exchange/SJD - general credits
                    1. Fall 16
                    2. Fall 17
                    3. Fall 18
                    • Practical exercises
                    • In-class exercise
                    • Class participation
                    • Other

                    Writing is integral to most aspects of state and federal civil law practice including communicating effectively with clients, asserting clients' rights, and advocating for clients in litigation. This two-credit hour advanced writing course helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs. Assignments will be based on a number of substantive issues of statutory and common law including property, contracts, torts and civil procedure. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions with students building a portfolio of their work during the course of the semester. Research skills will be reviewed and practiced. In addition to content analysis and structure, emphasis will be placed on the ethical and professional considerations involved with each assignment. The semester will culminate in oral arguments on motions before members of the bench and bar.

                    787

                    Writing: Electronic Discovery 2
                    • JD - general credits
                    • JD - experiential learning
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 17
                    • Final paper (10+ pages in length)
                    • Practical exercises
                    • In-class exercise
                    • Class participation
                    • Variable by section
                    • Other

                    This two-credit-hour advanced writing course will help prepare students for the types of writing that are common to complex civil litigation, while introducing them to electronic discovery, with a focus on practice in a large law firm. Because most complex civil litigation and federal white collar investigations now involve e-discovery, understanding the financial, organizational, and ethical challenges it poses is critical to today's practitioners. Writing assignments will all surround one hypothetical federal lawsuit that raises common e-discovery issues. Students will be associates in a hypothetical law firm and will handle the e-discovery aspects of the firm's defense of the lawsuit.

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

                    789

                    Writing: Federal Litigation 2
                    • JD - general credits
                    • JD - experiential learning
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 17
                    2. Spring 18
                    • Reflection Papers
                    • Final paper (10+ pages in length)
                    • Oral presentation
                    • Practical exercises
                    • In-class exercise
                    • Class participation

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

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

                    796

                    Writing in Civil Practice: Sport Arbitration 2
                    • JD - general credits
                    • JD - experiential learning
                    • International LLM/Exchange/SJD - general credits
                    1. Fall 16
                    2. Spring 18
                    • Final paper (10+ pages in length)
                    • Practical exercises
                    • Class participation

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