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 filters16 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

200

Administrative Law 3
  • JD - general credits
  • International LLM - New York Bar Exam
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Fall 18
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • Final Exam

A study of the legal framework governing administrative agencies under the U.S. Constitution and the Administrative Procedure Act, with a particular focus on agency rulemaking and adjudication; Presidential power; Congressional control of agencies through statutes and other mechanisms of oversight; and judicial review of agency actions.

235

Environmental Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Fall 18
  • Fall 16
  • Spring 18
  • Final Exam
  • Group project
  • Class participation

This course examines the large and growing body of law addressing relationships between human activities and the environment, including the legal regimes governing air, water, toxic chemicals, hazardous waste, resource use, biodiversity and ecosystems, and climate change. The course assesses key features of these legal regimes, including the array of rationales for environmental protection (ethical, economic); the choice of policy instruments (e.g. standards, taxes, trading, information disclosure); the roles of different branches of government (legislative, executive, judicial) and levels of government (local, state, national, international), and of non-governmental actors; and the skills of policy analysis, policy design, and regulatory and statutory construction. Throughout the course, we will study how each component of this body of law handles four key questions: How serious a problem (risk assessment and priority-setting)? How much protection is desirable (risk management and tradeoffs)? How to achieve this protection (instrument choice)? Who decides and acts upon these questions (federalism, branches and levels of government, and institutions)? The focus is on the U.S. legal system, with some comparative analysis of the law in other countries and international regimes.

This course, Law 235, is intended for professional and graduate students, and is also cross-listed as Environ 835 in the Nicholas School of the Environment. Professional and graduate students in the Nicholas School who would like to enroll in this course under Environ 835 should contact the NSOE Office of Academic & Enrollment Services, Erika Lovelace, e-mail or telephone 919-613-7459. (The Law School and the law professor teaching this course do not have "permission numbers.") (Professional and graduate students in the Sanford School of Public Policy, or other schools outside the Law School, should also contact the Nicholas School's office of Enrollment Services to enroll in Environ 835.) For undergraduate students, the Nicholas School offers a different course, Environ 265.

298

Ocean and Coastal Law and Policy 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Fall 18
  • Fall 16
  • Fall 17

This course explores laws and policies that affect decisions on United States ocean and coastal resources. We examine statutes, regulations, attitudes, and cases that shape how the United States (and several states) use, manage, and protect the coasts and oceans out to – and sometimes beyond – the 200-mile limit of the Exclusive Economic Zone. We cover government and private approaches to coastal and ocean resources, including beaches, wetlands, estuaries, reefs, fisheries, endangered species, and special areas.

320

Water Resources Law 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
  • Spring 17
  • Spring 18
  • Final research paper (25+ pages in length)

This survey course studies the legal and policy issues governing water resource allocation in the United States. Students will be introduced to both the Prior Appropriation systems of the western United States and the Reasonable Use systems dominating the eastern states. We will study the law applied to groundwater use as well as issues of federalism. Examples from disputes around ACF basin and the Colorado River will be contrasted. We will examine the issues from the perspective of different user groups.

 

327

Energy Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Fall 18
  • Fall 16
  • Fall 17
  • Final Exam

The course will examine the legal framework governing energy production and consumption in the United States, and policy approaches for balancing energy needs with other societal goals. The course will include three main modules: (1) electricity sector regulation; (2) energy resources for electricity generation; and (3) oil and gas law. Key themes will include:

(1) The historic origins of public utility regulation;
(2) The major U.S. laws that govern energy production and use;
(3) The distinct roles of the federal and state governments; and
(4) Efforts to manage competing societal interests.

368

Natural Resources Law and Policy 2
  • JD - general credits
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • 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.

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
  • Fall 18
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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
  • Fall 18
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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.

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
  • Spring 17
  • Spring 18
  • 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.)

555

International Environmental Law 3
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
    • Final research paper (25+ pages in length)
    • Class participation

    This course provides a general introduction to international environmental law and policy. We will begin by exploring the economic, political, and legal concepts relevant to international environmental treaty regimes. We will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as transboundary air pollution, atmospheric pollution, marine pollution, fisheries depletion, and biodiversity and habitat loss. The course focuses principally on the dynamic of treaties, negotiations, and state and non-state actors on the international plane, and much less on domestic legislation.

    Grades will be awarded on the basis of class participation and a final paper. 

    579

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

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

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

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

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

      579W

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

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

        590

        Risk Regulation in the US, Europe and Beyond 2
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Environmental Law Certificate
        • Spring 17
        • Spring 18
        • Final research paper (25+ pages in length)
        • Class participation

        This seminar pursues an advanced, integrated analysis of the law, science and economics of societies' efforts to assess and manage risks of harm to human health, safety, environment and security. The course will examine the regulation of a wide array of risks, such as those from food, drugs, medical care, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, terrorism, emerging technologies, and extreme catastrophic risks (students may propose to research other risks as well). Across these diverse contexts, the course will explore the components of regulatory analysis: risk assessment, risk management (including the debate over "precaution" versus benefit-cost analysis), risk evaluations by experts vs. the public, and risk-risk tradeoffs.  And it will explore options for institutional design and structure, including the interrelated roles of legislative, executive, and judicial functions; delegation and oversight; fragmentation and integration; and international cooperation.

        The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and other countries.  These comparisons address topics including the choice of policy instruments, the selection of which risks to regulate, "precautionary" regulation, "better regulation" initiatives, regulatory impact assessment and regulatory oversight bodies, and others.   It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and what regulatory systems can learn from each other.

        Students' research papers in this seminar may analyze specific risk regulations; compare regulations, institutions or tools across countries; formulate and advocate original proposals to improve the regulatory state; or other related topics.

        617

        Environmental Law Readings Workshop 0.5
        • International LLM/Exchange/SJD - general credits
        • International LLM, Environmental Law Certificate
        • Fall 18
        • Fall 16
        • Spring 17
        • Fall 17
        • Spring 18
        • Final research paper (25+ pages in length)

        The Workshop introduces LLM students in the Certificate in Environmental Law program to core readings on different topics of environmental law. Students are assigned readings selected by the faculty members teaching environmental law. Each class meeting is conducted by a different member of the faculty in environmental law. Students will write a paper in reaction to the readings, and the course will be graded credit/no credit.
        **This class is available only to International LLMs who are pursuing the Certificate in Environmental Law. **

        NOTE: This course receives 0.50 credits a semester for a total of 1.0 credits for the year course.

        636

        Food, Agriculture and the Environment: Law & 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
        • Fall 18
        • Fall 16
        • Fall 17
        • Reflection Papers
        • Final paper (10+ pages in length)
        • Oral presentation
        • Class participation

        In many areas of the country, and especially in North Carolina, sustainable, local food markets represent one of the most exciting opportunities for environmental stewardship, economic growth, value-added agricultural niches, job creation, and community building. However, these opportunities require careful and sustained attention to the legal and regulatory requirements at the international, national, state, and local levels, many of which inhibit the development of sustainable, local food systems.


        The course will focus on (1) the interrelationship of food and agricultural production and environmental sustainability and (2) the ways in which the law influences, and can be used to overcome impediments to, the development of sustainable, local foods-based markets. Students will explore readings from a variety of sources, hear directly from guest speakers from North Carolina's strong network of organizations involved in the local foods movement, and delve into a research project of their own choosing.* Through the semester, students will gain an understanding of how legal rules interact with food safety research, physical infrastructure, personal consumption habits, patterns of private sector investment, race-based and other structural inequalities, to notions of community, underlying cultural and religious values, etc.

        *This project will allow students to explore an issue of interest and contribute their knowledge to this developing field. Papers may be scholarly in nature, but students are encouraged to shape their projects as practical case studies that directly engage the issues and players in the local foods community.

        737

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

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

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