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 filters105 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

120

Constitutional Law 4.5
  • JD - first-year curriculum
  • 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

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

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.

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.

229

State and Local Government Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Spring 18
  2. Spring 19
  • Final Exam
  • In-class exercise
  • Class participation

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

232

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

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

236

International Human Rights 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Spring 19
  • Final Exam
  • In-class exercise
  • Class participation

This course critically assesses the international and domestic laws, institutions, and legal and political theories that relate to protecting the fundamental liberties of all human beings. The course emphasizes (1) specific "hot button" topics within international human rights law, such as extraordinary renditions, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies that interpret and implement human rights; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated. Course requirements include a final exam, a negotiation exercise, and student participation in class discussions.

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.

252

Foreign Relations Law 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Fall 17
  • Final Exam

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.

265

First Amendment 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

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

301

AIDS and the Law 2
  • JD - general credits
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
The course will explore the legal and policy landscape of the HIV/AIDS epidemic primarily in the United States. We will employ a multi-disciplinary approach to teaching about HIV law and policy, including the legal issues faced by persons with HIV disease. Speakers will include medical specialists, social workers, and persons living with HIV. Topics covered include HIV-related stigma and discrimination, HIV testing and public health laws, confidentiality and privacy rights, estate planning issues, HIV criminalization, health disparities, access to health care and health insurance, permanency planning for children and other family law issues, employee benefit issues, and torts and HIV-related private lawsuits. There is an opportunity for student presentations on AIDS Law issues. In lieu of an exam, there is a paper requirement for the course. The course is helpful but not required for those intending to enroll in the Health Justice Clinic.

This course is only offered in the fall semester.

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.

311

Election Law 3
  • JD - general credits
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  • Final paper (10+ pages in length)
  • Final research paper (25+ pages in length)
  • Reflection Papers
  • Group project
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

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

313

Judicial Decisionmaking 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  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.

 

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.

329

Education 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. Fall 16
  2. Fall 17
  3. Fall 18
  • Final research paper (25+ pages in length)
  • In-class exercise
  • Class participation

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

330

Federal Criminal Law 4
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • 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.

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.

    345

    Gender & the 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
    • Reflection Papers
    • Oral presentation
    • Practical exercises
    • In-class exercise
    • Class participation

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

    350

    Advanced Constitutional Law: A Legal History of the US Civil Rights Movement 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Spring 19
    • Final Exam
    • Class participation

     This course will examine the role of social movements in the development of U.S. constitutional law. Conventional theories of judicial independence do not define a legitimate role for social movements, but recent advances in legal scholarship have underscored the co-constitutive relationship between law and social movements. Accordingly, this course will explore how participants in social movements engage the Constitution and how these encounters shape constitutional doctrine, social institutions, public discourse, and movements themselves. We will investigate the processes of mobilization and counter-mobilization and reflect on how movements often spur constitutional change through means other than constitutionally specified procedures. We will also consider why movements fail and will critically analyze rights-based approaches to reform. The course will place particular emphasis on the involvement of social movement actors in the transformation of civil rights law. Course readings will draw from a wide range of historical, sociological, and legal sources.

    351

    U.S. Immigration and Nationality Law 2
    • JD - general credits
    • LLM-ICL - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Fall 16
    2. Fall 17
    3. Spring 19
    • Reflection Papers
    • Class participation

    This course will provide an overview of selected law and policy topics in immigration law.  It will consider the following questions: what criteria are used in determining who can come to the United States as an immigrant or visitor?  When and why may noncitizens be forced to leave?  How should choices about admission and removal be implemented?  It will focus on current topics in immigration enforcement, including the “sanctuary” movement, border enforcement, immigration detention, family separation, and the merger of criminal and immigration enforcement.  Discussion will be based on a variety of sources, including statutes, caselaw, administrative enforcement guidance, social science research, and legal scholarship.  Assessment will be based on written papers and class participation.

    363

    Legislation and Statutory Interpretation 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    1. Spring 17
    2. Spring 18
    3. Fall 18
    • Final Exam

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

    368

    Natural Resources Law and Policy 2
    • JD - Substantial Research and Writing Project requirement (SRWP)
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Environmental Law Certificate
    • Public Interest Certificate: General Elective
    1. Spring 17
    • Final Exam, option
    • Final research paper (25+ pages in length), option

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

    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.

    402

    HIV / AIDS Policy 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
    • Reflection Papers
    • Final paper (10+ pages in length)
    • Group project
    • Class participation

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

    Clinics Enrollment Policy

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

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

    404

    Advanced HIV/AIDS Policy Clinic
    • JD - general credits
    • JD - experiential learning
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    • Public Interest Certificate: Experiential Requirement
    1. Spring 18
    2. Spring 19
    • Reflection Papers
    • Final paper (10+ pages in length)
    • Group project
    • Class participation

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

    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

    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 through briefing and 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 helpful (though not required) to have previously taken appellate practice.  Students should not enroll in both courses simultaneously. It is recommended that students enrolling in this course have completed or have contemporaneously enrolled in the federal courts course.

    Important:

    • As with other clinics, this course may not be dropped after the first class meeting.
    • 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).
    • 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, and indeed a court may calendar oral argument during or within days after spring break.  Hence the need for flexibility.
    • Like students in all other Duke clinics that meet in the fall, appellate clinic students must attend 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

    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 through briefing and 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 helpful (though not required) to have previously taken appellate practice.  Students should not enroll in both courses simultaneously. It is recommended that students enrolling in this course have completed or have contemporaneously enrolled in the federal courts course.

    Important:

    • As with other clinics, this course may not be dropped after the first class meeting.
    • 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).
    • 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, and indeed a court may calendar oral argument during or within days after spring break.  Hence the need for flexibility.
    • Like students in all other Duke clinics that meet in the fall, appellate clinic students must attend the all-day clinic intensive held on a Friday in early September.

    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. 

    435

    First Amendment Clinic 4
    • JD - general credits
    • JD - experiential learning
    • International LLM/Exchange/SJD - general credits
    1. Fall 18
    2. Spring 19
    • Live-client representation and case management

    This clinic will develop counseling, litigation, and legal commentary skills in the context of working on actual cases and issues involving the First Amendment freedoms of speech, press, assembly and petition.  We will advise and represent individuals and groups with First Amendment concerns or claims who cannot afford the assistance of lawyers with specialized First Amendment expertise.  We will also provide commentary and legal analysis on pending or enacted legislation that implicates First Amendment freedoms, and other governmental as well as academic developments.  Students will be directly supervised by the Clinic Director and the First Amendment Fellow.  All enrolled students will be required to work a minimum of 100 hours a semester with clients or in other professional activities such as answering questions from journalists or analyzing and preparing commentary on pending legislation, 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.  Either First Amendment or Defamation and Privacy is a prerequisite or corequisite.

     

    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.

     

    437

    International Human Rights Clinic 5
    • JD - general credits
    • JD - experiential learning
    • LLM-ICL - general credits
    • 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
    • Reflection Papers
    • Final paper (10+ pages in length)
    • Group project
    • Class participation

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

    443

    Environmental Law and Policy Clinic 4
    • JD - general credits
    • JD - experiential learning
    • International LLM/Exchange/SJD - general credits
    • International LLM, Environmental Law Certificate
    • 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

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

    Clinics Enrollment Policy

    Important:

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

    Ethics Requirement

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

    443A

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

    448

    Guantanamo Defense Clinic 4
    • JD - general credits
    • JD - experiential learning
    • 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.

        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.

         

        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.

        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).

        512

        Medicine and Law 2
        • JD - general credits
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
          This 2-credit seminar considers the application of law to medicine and the tensions that arise as a result, both in practice and as these tensions implicate differences between medical ethics and legal norms. The topics covered will include the history and modern status of medical ethics rules and the institutions that govern and operationalize them; medical privacy in the HIPAA context; clinical research and the consent process; the (medical malpractice) standard of care and medical errors; scarce resources including medicines and organs; infectious disease (e.g., Ebola) protocols; living wills and medical powers of attorney; the concept of medical "futility"; and choosing and defining death.

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

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

          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.

          518

          Constitutional Law II: Historical Cases and Contemporary Controversies 2
          • JD - general credits
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • International LLM/Exchange/SJD - general credits
          1. Spring 17
          • Final research paper (25+ pages in length)

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

          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. 

          545

          Urban Legal History 3
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          1. Fall 17
          • Final research paper (25+ pages in length)
          • Class participation

          Urban Legal History is a research seminar which will focus on the legal issues relating to Durham's political, social, and economic development. The class will involve intensive study of primary and secondary materials, and will require students to produce substantial (45 page) research papers.

          546

          International Law of Armed Conflict 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)
          • 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.

          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.

          556

          Second Amendment: History, Theory, and Practice 2
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective
          1. Spring 19

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

          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.

          567

          Law, Economics & Politics: Seminar 2
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          1. Fall 16
          2. Spring 18
          • Reflection Papers
          • Class participation

          This iteration of the Law, Economics and Politics seminar will focus primarily on the economics, law and politics of contracting (broadly defined).  Every week, the class will discuss a different research paper on the topic.  Most weeks, one of the authors of those papers will join us for the discussion.  Active participation in the discussions and engagement with the substance of the papers is a requirement (there will also be weekly writing requirements). Some of the guests who are scheduled to visit in the Fall 2018 semester include John Coyle (UNC), Anusha Chari (UNC), Glen Weyl (Yale), Benjamin Edelman (Harvard), and Alon Brav (Duke).  The instructors for this seminar are Mitu Gulati (Duke Law) and Tracy Lewis (Duke Econ/Business).

          Every week, students will be asked to do reaction papers to presentations by guest speakers.  These guests are a set of scholars who are doing some of the most current research on the above-mentioned topics.

          The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will not be a final exam or final paper.

           

          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.

          571

          The Changing Face of Marriage and Family: Pastoral and Legal Perspectives 2
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective
          • Reflection Papers
          • Class participation

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

          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.*

          582

          National Security Law 3
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • JD - general credits
          • LLM-ICL - 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)
          • Oral presentation
          • Class participation

          This fall-only course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture for its security enterprise.  The class will also examine related issues that arise "in the news."  It is aimed not only at students considering a career in government or the military, but also for those headed to private practice who appreciate that the U.S.’s $719 billion defense budget, along with $1.7 trillion in defense outlays worldwide impacts virtually all potential clients.

          The course analyzes the Constitutional structure governing national security matters, and the role played by the three branches of government (with special emphasis on Presidential power).  It will also examine governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues related to national security.  In addition, domestic security issues (to include the domestic use of the armed forces), security-based travel restrictions, the role of the Centers for Disease Control, the military justice system, civil-military relations, and the impact of national security issues on business transactions will be reviewed.

          There is no examination for this course, but a 30-page research paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require short, written products.

           

          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.

          587

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

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

          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.

          593

          Sexuality and the 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. Fall 16
          2. Spring 18
          3. Spring 19
          • Final paper (10+ pages in length)
          • Midterm
          • Class participation

          Issues in the legal regulation of sexuality are among the most contested in US law today.  Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) whether the gender identities of transgender persons are to be accepted in public facilities like restrooms, c) if and when women should have access to contraception or abortion, and d) whether LGBTQ persons can rely on constitutional and statutory provisions providing for equal protection or nondiscrimination when availing of government provided services or commercial services, are all questions which either have been litigated in US courts in recent years, or are currently being litigated.  Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases.  These areas of law include the jurisprudences of liberty, privacy, equal protection and the free exercise of religion, as well as issues concerning the extent of executive authority.  This course will explore these issues through an examination of recent US jurisprudence, as well as statutory law and regulatory actions, as they pertain to LGBTQ rights and women’s reproductive rights at both the state and national level.  While the primary focus will be on developments in the US, the treatment of similar issues in selected foreign jurisdictions will be introduced occasionally to present alternative approaches.

          594

          Sex Equality’s Past and Future 2
          • JD - general credits
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective
          1. Spring 17
          • Final research paper (25+ pages in length)
          • Class participation

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

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

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

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

          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.

          601

          Duke Law in DC: Federal Policymaking 4
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          1. Fall 16
          2. Fall 17

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

          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.

            645

            Second Amendment Research Tutorial 2
            • JD - general credits
            1. Spring 17
            • Reflection Papers
            • Class participation

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

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

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

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

             

            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.

            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.

            716

            Information Privacy and Government Surveillance Law 3
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            2. Spring 19
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Group project
            • In-class exercise
            • Class participation

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

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

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

            717

            Comparative Constitutional Design 2
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            2. Spring 18
            • Final research paper (25+ pages in length)

            Recent constitutional reconstructions in various parts of the world have called new attention to the problems of institutional design of political systems. In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions?

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

            718

            Social Choice Theory: Cost-Benefit Analysis and Beyond 2
            • JD - Substantial Research and Writing Project requirement (SRWP), option
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Class participation

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

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

            My two books, Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis (Oxford University Press 2012), and Measuring Social Welfare: An Introduction (Oxford University Press, forthcoming) will serve as the main texts for the course, with additional readings from philosophy, economics, and law.  The course does not require advanced mathematics. However, students should not be "math phobic". The readings and our discussion will use some mathematical notation to communicate key ideas—as does, of course, any economics text on cost-benefit analysis--and students should not be afraid of seeing this notation. Students should also be prepared to engage in philosophical discussion.

            The course will be taught as a 2-hour weekly seminar. Students will be asked to do the reading for each seminar; to write a short (1-2 page) reaction paper; and to participate in class discussion. Students will also write a 10-page final paper.  This final paper can either be (a) a critical discussion of one or more chapters from Well-Being and Fair Distribution or Measuring Social Welfare, or (b) a critical discussion of some other book or article relevant to the topics of the seminar.

            A limited number of students will be permitted to expand this paper in substance and in length in order to meet the JD-ULWR.

             

            719

            Rule of Law: Theory and Doctrine 2
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Fall 17
            • Short Research Assignments
            • Class participation

            Some believe that recent developments in U.S. politics threaten "the rule of law."  This seminar aims to gain a clearer theoretical understanding of the "rule of law" as well as the related concept of democratic governance; and to see how far the twin ideals can be protected in doctrines of US constitutional law. In the theory part, we read seminal works, including Hart's Concept of Law, Fuller's Morality of Law, and Ely's Democracy and Distrust. We then address the doctrine not by a comprehensive treatment, which would be impossible, but rather by a focused discussion of difficult areas - including nondelegation, gerrymandering, judicial independence, corruption, and executive power.

            724

            Intellectual Property, Public Domain, and Free Speech 3
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • International LLM, Intellectual Property Certificate
            • Final paper (10+ pages in length)
            • Reflection Papers
            • Class participation

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

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

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

            727

            Current Issues in Constitutional Interpretation 1
            • JD - general credits
            • Final paper (10+ pages in length)

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

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

            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.

            744

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

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

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

              748

              Employment Discrimination: Course Plus 1
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              • 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.

              753

              Law and Literature: Race & Gender 3
              • JD - 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 paper (10+ pages in length)
              • Class participation

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

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

              758

              Originalism and Its Discontents 3
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              1. Spring 17
              2. Spring 18
              3. Spring 19
              • Reflection Papers
              • Final research paper (25+ pages in length)
              • Class participation

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

              771

              Defamation and Privacy 3
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              1. Fall 16
              2. Fall 17
              • Final research paper (25+ pages in length)
              • Class participation

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

              774

              Taboo Trades & Forbidden Exchanges 2
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              1. Spring 17
              2. Spring 18
              3. Spring 19

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

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

              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.  

              794

              The Law of Slavery and Freedom: The Thirteenth, Fourteenth and Fifteenth Amendments 2
              • 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
              • Public Interest Certificate: General Elective
              1. Spring 17
              2. Spring 18
              • Reflection Papers
              • Final paper (10+ pages in length)
              • Oral presentation
              • Class participation

              This course will explore the ways in which the institution of slavery interacted with the law in the United States and how the law defined freedom and the practices of freedom.  The first two weeks will focus on slavery and the law.  The rest of the course will focus on the 13th, 14th, and 15th Amendments. For added credit, students may satisfy the writing requirement by enrolling in Law 794W. 

              794W

              Law in Slavery & Freedom: From the Historical to the Contemporary/ Writing Credit
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              1. Spring 18
              • Final research paper (25+ pages in length)

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