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 filters41 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

140

Criminal Law 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  • Fall 18
  • Fall 17
  • Spring 18
  • Final Exam
  • Class participation

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

225

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

245

Evidence 4
  • JD - general credits
  • International LLM - New York Bar Exam
  • Public Interest Certificate: General Elective
  • Fall 18
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • Final Exam

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

306

Corporate Crime 4
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Fall 16
  • Fall 17
  • Spring 18
  • Final Exam
  • Class participation

This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice. The course will give students a first exposure to: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers involved in potential criminal violations (and certain civil analogues); and (2) the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context.

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

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

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
  • Fall 18
  • Fall 16
  • Fall 17
  • 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.

330

Federal Criminal Law 4
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 17
  • Spring 18
  • 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.

 

338

Animal Law 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Spring 17
  • Spring 18
  • 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.

    388

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

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

    398

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

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

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

    399

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

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

    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
    • Fall 18
    • Fall 16
    • Reflection Papers
    • Final paper (10+ pages in length)
    • Group project
    • Class participation

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

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

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

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

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

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

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

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

    408

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

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

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

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

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

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

    420

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

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

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

    421

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

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

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

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

    422

    Criminal Trial Practice 3
    • JD - general credits
    • JD - experiential learning
    • Public Interest Certificate: General Elective
    • Fall 18
    • Fall 16
    • Spring 17
    • Fall 17
    • Spring 18

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

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

    425

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

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

    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.

        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
        • Fall 18
        • Fall 16
        • Spring 17
        • Fall 17
        • Spring 18
        • Practical exercises
        • In-class exercise
        • Live-client representation and case management
        • Class participation

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

        494

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

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

         

        511

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

        "An international crime," wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law.  Such a branch of international law does not exist."  This course will begin by probing the concept of international criminal law.  What does it mean to say that certain conduct constitutes an "international crime"?

        What are the objectives of such a legal regime?  We will then examine the law of genocide, war crimes, crimes against humanity, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

        528

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

        536

        The Presidency and Criminal Investigations 1
        • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
        • JD - general credits
        • Public Interest Certificate: General Elective
        • 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
        • 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. 

        546

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

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

        547

        Criminal Justice Policy: Crime, Politics, and the Media 2
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Fall 16
        • Reflection Papers
        • Final paper (10+ pages in length)
        • Group project
        • Class participation

        This course will focus on various changes in criminal justice policy that occurred in the last 30 years (e.g., changes in sentencing law and policy, increased incarceration rates, and the "war on drugs") and seek to identify the factors that brought about those changes. To what degree were these changes responses to changes in the rates and types of crimes experienced in the U.S.? To what degree were these changes prompted by political campaigns and strategies, or by a media produced sense of crisis? Readings will include legal materials which will probe and analyze statutory and administrative changes, as well as interdisciplinary readings. Each student will prepare six short (4-5 page) papers responding to the course readings, and will take part in a group presentation on a topic selected by class members.

        553

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

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

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

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

         

        554

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

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

        562

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

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

        570

        Criminology and Criminal Procedure 2
        • Spring 18
        • Class participation

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

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

        574

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

        This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what many are calling “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in some arenas of public life. Investigations and trials retain the aspiration to identify facts on the ground and prompt honest statements. Accordingly, we will explore the “law of questioning” that governs legal truth-seeking and consider where it succeeds and fails. Our particular focus will be on the criminal justice process, and topics will include interrogation practices, the problem of false confessions, liability for dishonest statements in investigations and testimony, cross examination, character and credibility, and lie detection in the laboratory, courtroom, and popular culture. Readings will range widely and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

        574W

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

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

        588

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

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

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

        599

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

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

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

        633

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

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

          642

          Defending the Federal Criminal Defendant 1
          • JD - general credits
          • JD - experiential learning
          • Public Interest Certificate: General Elective

          This is the course component of the semester-long integrated externship at the Federal Public Defender's Office for the Eastern District of North Carolina (Raleigh) under the supervision of Professor Jim Coleman (Law 641). Professor Jim Coleman and attorney adjunct instructors will provide instruction on Defending the Federal Criminal Defendant. Other members of the faculty and outside guests also may contribute to the instruction.

          BY PERMISSION ONLY.

          692

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

          734

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

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

          735

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

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

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