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 filters115 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.

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.

202

Art Law 2
  • JD - Substantial Research and Writing Project requirement (SRWP), option
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam, option
  • Final research paper (25+ pages in length), option
  • Class participation

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

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

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

203

Business Strategy for Lawyers 3
  • JD - general credits
  • JD-LLM-LE - required courses
  • LLM-LE (1 year program) - required courses
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Midterm
  • Group project
  • Class participation

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

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

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

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

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.

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.

270

Intellectual Property 4
  • JD - general credits
  • JD-LLM-LE - required courses
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Fall 18
  5. Spring 19
  • Final Exam

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

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.

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.

321

The Law and Policy of Innovation: the Life Sciences 3
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Reflection Papers
  • Final research paper (25+ pages in length)
  • Class participation

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

322

Copyright Law 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  1. Fall 16
  2. Spring 18
  3. Spring 19
  • Final Exam

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

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.

 

331

Introduction to Privacy Law and Policy 3
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  1. Spring 19
  • Final Exam
  • Class participation

This course on privacy law and policy examines the ways in which the United States’ legal framework recognizes privacy rights or interests and balances them against competing interests, including, among others: freedom of speech and press, ever-expanding uses of big data, national security and law enforcement, medical research, business interests, and technological innovation. The course will address the ways that torts, constitutional law, federal and state statutes and regulations, and societal norms protect individual privacy against government, corporations and private actors in a variety of areas including: employment, media, education, data security, children’s privacy, health privacy, sports, consumer issues, finance, surveillance, national security and law enforcement. The course will also consider the significantly different approach to information privacy in the European Union and the importance of the new EU General Data Protection Regulation (GDPR), which became effective May 2018.  The course may also address briefly privacy issues and laws in an additional country, such as China, for purposes of further comparison.  Students will gain a broad understanding of the breadth, diversity and growing importance of the privacy field.

333

Science Law & Policy 3
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • International LLM, Intellectual Property Certificate
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Reflection Papers
  • Practical exercises
  • In-class exercise
  • Class participation

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

334

Civil Rights Litigation 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • 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.

    341

    FDA Law & Policy 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Intellectual Property Certificate
    • Public Interest Certificate: General Elective
    1. Spring 17
    2. Spring 18
    3. Spring 19
    • Final Exam

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

    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."

    346

    Intellectual Capital and Competitive Strategy 3
    • JD - general credits
    • JD-LLM-LE - general credits
    • LLM-LE (1 year) - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Intellectual Property Certificate
    • International LLM, Business Law Certificate
    1. Spring 17
    2. Spring 18

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


    Strategy 339

    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.

    369

    Patent Law and Policy 3
    • JD - general credits
    • JD-LLM-LE - general credits
    • LLM-LE (1 year) - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Intellectual Property Certificate
    1. Fall 16
    2. Fall 17
    3. Fall 18
    • Final Exam

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

    375

    International Intellectual Property 3
    • JD - general credits
    • LLM-ICL - general credits
    • JD-LLM-LE - general credits
    • LLM-LE (1 year) - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Intellectual Property Certificate
    1. Spring 17
    2. Fall 17
    • Final Exam

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

    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%

    393

    Trademark Law and Unfair Competition 2
    • JD - general credits
    • JD-LLM-LE - general credits
    • LLM-LE (1 year) - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Intellectual Property Certificate
    1. Fall 16
    2. Fall 17
    3. Fall 18
    • Final Exam

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

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

    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.

    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.

    409

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

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

    416

    Children's Law Clinic
    • JD - general credits
    • JD - experiential learning
    • 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.

    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.

    441

    Start-Up Ventures Clinic 4
    • JD - general credits
    • JD - experiential learning
    • JD-LLM-LE - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Business 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

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

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

    Law Tech Focus: Some enrolled students will have the option of spending a portion of their clinic time working on legal technology projects in association with the Duke Law Center on Law & Technology, including (1) working with the Duke Law Tech Lab, a pre-accelerator program for legal technologies and (2) building real legal tech tools to serve entrepreneurs.

    Important:

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

    Ethics Requirement

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

    441A

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

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

    443

    Environmental Law and Policy Clinic 4
    • JD - general credits
    • JD - experiential learning
    • 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.

        465

        Patent Claim Drafting and Foundations of Patent Strategy 1
        • JD - general credits
        • JD - experiential learning
        • LLM-LE (1 year) - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Intellectual Property Certificate
        1. Spring 17
        2. Spring 19

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



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

        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.

        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.

        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.

          520

          Climate Change and the Law 2
          • JD - general credits
          • LLM-ICL - 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
          • Final paper (10+ pages in length)
          • In-class exercise
          • Class participation

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

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

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

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

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

          522

          Contract Drafting: The Next Generation 2
          • JD - general credits
          • JD - experiential learning
          • JD-LLM-LE - general credits
          1. Spring 17
          2. Spring 18
          • Practical exercises
          • Class participation

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

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

          Students who take Law 522 Contract Drafting: The Next Generation may not take Law 519 Contract Drafting.

          524

          Health and Medical Research for Lawyers 1
          • JD - general credits
          • Public Interest Certificate: General Elective
          1. Fall 16
          • Final Exam
          • Practical exercises
          • Class participation

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

          527

          Access to Medicines: Intellectual Property and Global Public Health 2
          • JD - Substantial Research and Writing Project requirement (SRWP), option
          • JD - general credits
          • LLM-ICL - general credits
          • International LLM/Exchange/SJD - general credits
          • International LLM, Intellectual Property Certificate
          • Public Interest Certificate: General Elective
          1. Spring 17
          2. Spring 18
          • Final Exam, option
          • Final research paper (25+ pages in length), option

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

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

          527W

          Access to Medicines Writing Credit 1
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • JD - general credits
          • International LLM, Intellectual Property Certificate
          1. Spring 18
          • Add on credit

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

          528

          Capital Punishment 2
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • 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.

          530

          Entertainment Law 3
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • International LLM, Intellectual Property Certificate
          1. Spring 17
          2. Spring 18

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

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

          534

          Advising the Entrepreneurial Client 3
          • JD-LLM-LE - general credits
          • LLM-LE (1 year program) - required courses
          1. Fall 16
          2. Spring 17
          3. Fall 17
          4. Fall 18
          • Group project
          • Practical exercises
          • Class participation
          • Other

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

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

          Class is open to students pursuing the LLM in Law & Entrepreneurship.  Students not in this program should consider Law 540: Startup Law: Representing the Company.

          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. 

          540

          Startup Law: Representing the Company 3
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          1. Fall 18
          • Final Exam
          • Class participation

          This course takes students through the legal issues likely to present themselves in the lifecycle of a high growth technology company from inception/incorporation through acquisition (the typical liquidity event). Startup Law exposes students to the types of issues, questions and documentation that they encounter as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations. While the content is similar to Law 534 Advising the Entrepreneurial Client, this does not satisfy the requirements for the JD/LLMLE nor the LLMLE. Business Associations highly recommended as a prerequisite but may be taken as a co-requisite. Final grade based on exam and in class participation.

          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.

          550

          Legal Issues of Cybersecurity and Data Breach Response 2
          • JD - general credits
          • JD-LLM-LE - general credits
          • LLM-LE (1 year) - general credits
          • International LLM/Exchange/SJD - general credits
          • International LLM, Intellectual Property Certificate
          1. Spring 19
          • Final paper (10+ pages in length)
          • Practical exercises
          • Class participation

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

          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.

           

          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.

           

          569

          Health Law Colloquium 2
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • International LLM, Business Law Certificate
          • Public Interest Certificate: General Elective
          1. Fall 18
          • Reflection Papers
          • Final paper (10+ pages in length)
          • Class participation

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

          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.

          576

          Agency Law in a Changing Economy 2
          • JD - Substantial Research and Writing Project requirement (SRWP), option
          • JD - general credits
          • International LLM - New York Bar Exam
          • International LLM/Exchange/SJD - general credits
          • International LLM, Business Law Certificate
          1. Spring 19
          • Final research paper (25+ pages in length)
          • Oral presentation
          • Class participation

          Agency law encompasses the legal consequences of consensual relationships in which one person (the “principal”) manifests assent that another person (the “agent”) shall, subject to the principal’s right of control, have power to affect the principal’s legal relations through the agent’s acts and on the principal’s behalf. As the principal’s representative, an agent owes fiduciary duties to the principal. Agency doctrine applies to a wide range of relationships in which one person has legally-consequential power to represent another, populating the category, “agent,” with a variety of exemplars: lawyers, brokers in securities and other markets, officers of corporations and other legal entities, talent and literary agents, auction houses, and more. Usually, agency relationships contemplate three distinct persons: agent, principal, and third parties with whom the agent interacts, with legal consequences for all three. Agency law also governs the relationship between a principal and its agents, including its employees. The pervasiveness of agency means that its implications remain relevant despite changes in business structures and economies more generally.  This seminar covers the legal doctrines that make agency a distinct subject with in the law, in particular those differentiating agency from general contract and tort law. It also covers a number of contemporary examples in which agency doctrine may—or may not—apply with significant consequences. These may include the status of Uber drivers and other actors who perform services via platforms; the duties of commodities brokers, including merchants in financial derivatives products; the consequences of imputing an agent’s knowledge to the principal; agency as a vehicle for the imposition of vicarious liability; and the consequences for the agent and third party when a principal is undisclosed, unidentified, or undetermined. 
          The seminar will meet weekly with assigned readings. Each student will write a research paper on a topic to be chosen with the instructor’s consent and will make brief presentations to the seminar as work on the paper proceeds

          577

          Emerging Issues in Sports and the Law 2
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • International LLM, Business Law Certificate
          1. Spring 18
          2. Spring 19
          • Reflection Papers
          • Final paper (10+ pages in length)
          • Class participation

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

          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.

           

          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.

          592

          Frontier AI & Robotics: Law & Ethics 3
          • JD - general credits
          • JD-LLM-LE - general credits
          • LLM-LE (1 year) - general credits
          • International LLM/Exchange/SJD - general credits
          • International LLM, Intellectual Property Certificate
          1. Spring 17
          2. Spring 18
          3. Spring 19
          • Reflection Papers
          • Final paper (10+ pages in length)
          • In-class exercise
          • Class participation

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

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

          Because frontier technologies challenge existing legal regimes and ethical frameworks, this course encourages law and ethics students to interact with technologists who are actively developing these new, disruptive technologies. In this case, students may shadow roboticists at Pratt's robotics labs (primarily the Humans and Autonomy Lab—HAL) or hear from leaders of local drone or BCI (brain-computer interface) companies.

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

          593

          Sexuality and the Law 2
          • JD - 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).

          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/.

          618

          Readings: Introduction to Health Law & Policy – What’s a Needle? and Other Foundational Questions 1
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          1. Fall 17
          2. Fall 18
          • Reflection Papers
          • Class participation

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

          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. 

           

          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.

          720

          Advanced Copyright: Digital Technologies 2
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • JD - general credits
          • LLM-LE (1 year) - general credits
          • International LLM/Exchange/SJD - general credits
          • International LLM, Intellectual Property Certificate
          1. Spring 17
          2. Spring 18
          3. Spring 19
          • Final research paper (25+ pages in length)
          • Class participation

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

          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.

          740

          Data and Democracy 2
          • JD - Substantial Research and Writing Project requirement (SRWP), option
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          1. Spring 19
          • Final research paper (25+ pages in length)
          • Class participation

          Russian interference of the 2016 presidential election and the 2018 midterm elections have exposed unprecedented vulnerabilities: shortcomings to national cybersecurity policy and the failure to develop effective cyber threat deterrents; underregulation of social media platforms and Internet governance; how best to safeguard voter data and consumer data; and what federal oversight of election administration and voting systems may be necessary while still respecting federalism principles and state sovereignty. Multiple intelligence reports have described the interference as an “influence campaign” that blended covert cyber operations, and overt propaganda and misinformation operations. This seminar will explore how best to address the legal and policy challenges posed by the foreign interference in U.S. elections. The course will explore how policy and corporate reform efforts can be shaped by the emerging fields of cyber ethics and data ethics. The seminar will include a close examination of intelligence reports, the Special Counsel’s indictments, and other original source material to better understand the nature of foreign interference in US elections. It will also include an in-depth discussion of interdisciplinary work authored by experts in multiple fields: data and information science, ethics, privacy law, cybersecurity, national security, federalism, state and local governments, corporate governance, election law and voting rights, media and communications law, internet governance, civil rights and civil liberties, international relations, and political science and political theory. For graduate students and law students, regular participation will be supplemented by additional reading assignments and more in-depth research requirements, including an expectation to pursue original source research.
          Graduate and law students will also meet separately with the instructor throughout the semester to discuss the supplemental reading assignments and research progress, and will have an opportunity to present their research findings at the conclusion of the semester.  This course may be used by law students to satisfy the Substantial Research and Writing Project degree requirement.

          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.

            754

            IP Transactions 2
            • JD - general credits
            • JD-LLM-LE - general credits
            • LLM-LE (1 year) - general credits
            • International LLM/Exchange/SJD - general credits
            • International LLM, Business Law Certificate
            • International LLM, Intellectual Property Certificate
            1. Spring 17
            2. Spring 18
            3. Spring 19
            • Final Exam
            • Class participation

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

            757

            Artificial Intelligence and Legal Strategy 2
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Fall 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Class participation

            The purpose of this course is to introduce law students to the use of artificial intelligence in the legal space and to enhance their ability to conceptualize and strategize legal issues and matters more effectively by using AI.  There are classes on the fundamentals of big data and machine learning as well as the ethical, legal, and behavioral issues raised by AI.  Students will be exposed to the latest legal robots involving ediscovery and legal analytics including Everlaw, Lex Machina, Ravel, Ross, and Watson Legal. 

            Grading will be based on papers addressing a series of legal problems and requesting the students to develop concepts and strategies for their resolution.  There will also be a paper for each student to present their perspectives on the future use of AI in the professional world.

            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.  

            781

            Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • International LLM, Intellectual Property Certificate
            1. Fall 16
            2. Fall 17
            3. Fall 18

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

             

            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.*