Study

This course is designed to teach students basic paradigms and methods of comparative law and how to do research in comparative law through both lectures and projects. We will take different countries as laboratories of legal institutions and endeavor to develop a deeper understanding of the nature and function of law in social, economic, and political development, and how law and culture interact with each other. This course requires class participation (15%), short response papers (15%), and a research paper (70%), which will count for two writing credits for JD/LLM-ICL students and, with instructor approval, may be used to fulfill the SRWP degree requirement for JD students.

This fall-only seminar is designed to introduce students with limited (or no) familiarity with international law to principles involved in using force during periods of putative peace.  As a jus ad bellum seminar it will explore, for example, what circumstances constitute an “act of war” in various situations, including cyberspace. It will address some jus in bello issues but will not overlap significantly with the LAW 546 International Law of Armed Conflict which is expected to be offered in the Spring of 2025.

The structure of classes may vary, and students may be divided into sections, discussion groups, and panels. The course may include guest speakers (in-person or via Zoom).

This course is a deep dive into the use of force in international law. It will analyze the circumstances under which force can be used in self-defense and survey topics such as humanitarian intervention, hostage rescue, targeted killings, selected maritime law issues, selected neutrality law issues, potential flashpoints associated with air defense identification zones, and freedom of navigation operations.

We will also explore the legal aspects of international counterpiracy and counterterrorism operations. The course will also delve into efforts to limit the use of force in outer space, the implications of nuclear weapons, and the emergence of autonomous weaponry.

Each class will begin with a brief “in the news” section examining selected seminar-related issues of current interest that appear in the media.

There will be no class on Tuesday, November 5th, 2024. Instead, on Sunday, November 3rd, 2024, the class will meet from 3:30 to 6:00 pm at the Law School to view and discuss the film Eye in the Sky, a dramatic representation of a drone strike. Refreshments and snacks will be served.

The course requires a 20-page paper on a topic approved by the instructor.  It will comprise 60% of the grade; the other 40% will be based on class participation (which may also include some written products, e.g., reaction papers).

This seminar is designed to help students gain a comprehensive understanding of the practical aspects associated with the use of force. This includes an overview of weaponry, planning, and military techniques. By the end of the course, students should be equipped with practical knowledge that can be applied in real-world scenarios.

Students do not need to buy any books for this seminar, as all the texts are available online from the law library. The instructor may also provide other readings electronically.

This course obviously addresses the use of force in international law. Accordingly, class instruction will inevitably include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations.

While enrolled in Law 242 Social Justice Lawyering, with prior professor approval, students may submit a 30-page research paper and earn an additional one credit for the course. This paper is in addition to all the other course requirements, including the written assignments, but may be related to your case study presentation.

The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement. You must email Professor Gordon or McCoy by the end of the Registration Period and after enrolling in 242 Social Justice Lawyering if you would like to seek this additional credit; there are very limited spots, which will be awarded on a first-come, first-served basis.

This course uses consumer bankruptcy as a lens to study the role of consumer credit in the U.S. economy and society. The class will focus on the key aspects of the consumer bankruptcy system, including who files bankruptcy, what causes bankruptcy, the consequences of bankruptcy, and the operation of the bankruptcy system. We will discuss each of these issues in the larger context of consumer debt and consumer law, and will also cover the foreclosure crisis, student loans, and issues related to debt, race, and gender. The readings will come from law and non-law sources, including the work of a variety of social scientists.

Due to substantive overlap in material, students may not concurrently enroll in Law 288: Consumer Bankruptcy & Debt and Law 586: Current Debates in Bankruptcy Law. However, if you've taken one of the courses in a previous semester and wish to take the other, that will be permitted. Students may not enroll in both Law 288: Consumer Bankruptcy & Debt and Law 555: Law and Financial Anxiety without instructor permission. 

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.

The course will survey the legal issues raised by cyber-related crime. The bulk of the course will be organized around two overarching themes: (1) substantive criminal law (i.e., the scope, structure, and limitations of the criminal laws that reach cyber-related crime); and (2) criminal procedure (i.e., the scope, structure, and limitations of the privacy laws and constitutional principles that regulate law enforcement investigations of cyber-related crime).  Along the way, we will also consider topics that frequently arise in cyber-related investigations and prosecutions, such as:  jurisdictional issues (e.g., federal/state dynamics and international cooperation in collecting evidence); national security considerations (e.g., state-sponsored intrusions and IP theft, terrorists’ use of the internet, government surveillance); and encryption.  We will make regular use of contemporary case studies, including several drawn from my own experience in the national security arena. 

This course will provide an introduction to the dynamic and evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors. The goal is to introduce students to the legal and policy frameworks that guide lawyers and decision-makers in a world of rapid technological change, with a primary emphasis on cybersecurity and privacy. We will discuss today’s threat landscape and approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare. We will also consider the legal and policy issues surrounding the collection and use of personal data, with a focus on both domestic and international data privacy protections. Other topics will also be explored, such as the impact of emerging technologies and markets (e.g., machine learning, digital currencies, platform media) and the ethical responsibilities of lawyers. Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time.   This course is introductory in nature and no technical background is necessary.

Note: Students who have taken Law 609, Readings in Cyber Law with Stansbury, may not take Law 316, Intro to Cyber Law. 

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.

For lawyers in every type of law practice, the ability to negotiate effectively is an essential skill.  As a lawyer, you will negotiate when you try to settle a lawsuit, close a merger, or arrange a plea bargain.  You will negotiate with counterparts, clients, and co-workers.  You will negotiate with service providers and the “system” – the court, the government, or your community.  And, you will continue to negotiate with your friends and family.  In this highly interactive seminar, we will explore the theories, skills, and ethics involved in legal negotiation.  With limited exceptions, in each class you will participate in a role-play simulation of increasing complexity, experiment with new techniques, and then reflect on what negotiation strategies worked best for you.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  Through this process, you will not only gain insight into your own negotiation style, you will develop the toolkit you need to approach each new negotiation with confidence. 

Because of the nature of the course, the amount of information delivered during the first class period, the importance of participating in the first role-play simulation during the first class period, and the typical waitlists for enrollment in the course, attendance at the first class is absolutely required.  A student who fails to attend the first class without prior consent of the instructor will forfeit his or her place in the class.  (Working for an additional week in the summer and call-back interviews are not acceptable excuses for missing the first class.)  Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enroll before the second class occurs.  Thus, students may drop this course without permission only before the second class. 

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

In a workshop led by a faculty member, students will produce an original analytic paper of substantial length (ordinarily at least 30 pages). Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. Papers produced in the workshop are expected to satisfy the JD or LLM substantial research and writing project requirement.

In the workshop, participants will learn about the conventional features of academic legal writing, conduct research into and hone their topics, write and give each other feedback on first and second drafts, and complete a final draft of their paper. The faculty member leading the workshop will also provide feedback and will, as appropriate to each participant's paper topic, facilitate introductions to other faculty who may be of assistance.

Under Law School Rule 3-1 as approved in May 2022, this course will conform to a 3.5 median unless special circumstances merit exceeding that median, but it will not be subject to distributional bands outside the 3.5 median because grading is not based on a uniform metric.

Attendance is required at the first class meeting and students should come prepared with ideas for possible paper topics. Those wishing to drop the course must do so within one day following the first class.

International LLM students must be pre-certified to enroll. Interested students should check with the Office of International Studies before enrolling.

Artificial intelligence is on a tremendous growth trajectory and is being developed, adopted and used for many purposes throughout society.  From a legal and policy perspective, AI presents many interesting and complex issues because the technological developments have greatly outpaced the legal, ethical, and policy developments.  One of the important questions centers on what legal and policy frameworks and practices are appropriate to build an ecosystem of trust that will help ensure citizens and other stakeholders that artificial intelligence will benefit them and is being developed and deployed in an ethical, safe, reliable and responsible manner (the “Legal and Policy Framework Question”).  Policymakers and other stakeholders around the globe are grappling with this Legal and Policy Framework Question.  As the discussions unfold, organizations also are designing their own practices for operationalizing trustworthy or ethical artificial intelligence.

The goal of the seminar is to give students a foundation in the emerging AI laws and policies and insight on the broader process of how laws and policies need to adapt for significant technological changes.  This seminar will explore in detail several approaches currently being considered to answer the Legal and Policy Framework Question, including regulatory approaches, standards, soft law, and self-regulation. As the students study various approaches, they will be asked to consider several sub-questions, such as (a) how the AI legal and policy framework should be calibrated to address risk, (b) the extent to which the framework should be sector specific or apply across industries, (c) which frameworks enable society to capitalize on AI’s benefits and mitigate potential risks, and (d) what is the optimal level of cross-border harmonization and how best to achieve it.   The course also will explore certain other legal issues arising in connection with AI, such antitrust and competition law and intellectual property and proprietary rights matters.

This course critically assesses the field of human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set using international law frameworks; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors. It addresses the role of human rights in social movements, including in addressing systemic racism, as well as the development of transnational human rights networks. It also considers issues such as how to resolve purported hierarchies and conflicts between internationally-guaranteed rights, efforts to decolonize the practice of human rights, and the ways in which populist and other forces also invoke human rights to further particular agendas. Drawing on case studies within the United States and abroad, it will examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the role of new technologies in human rights advocacy. In examining the global normative framework for human rights, this course focuses on how local, regional, and international struggles draw on, and adapt, the norms and tactics of human rights to achieve their objectives. Evaluation will be based on class participation and a final paper.

This class is a pre-requisite or corequisite for Law 437 International Human Rights Clinic.

This 2-credit seminar will provide an introduction to the field of “transitional justice,” which refers to a broad range of processes and mechanisms that have been developed to respond to major violations of human rights that often occur during armed conflicts, under the rule of authoritarian regimes, or in divided societies where a dominant ethnic, racial, or religious group has systematically persecuted members of a minority or other marginalized group. Transitional justice seeks to achieve one or more of the following objectives depending on the context: providing redress for victims and accountability for perpetrators through judicial or non-judicial mechanisms (while recognizing that these are not binary categories and the same person can be both a victim and a perpetrator), repairing damaged relationships between offenders and victims (also known as “restorative justice”), promoting peaceful coexistence between previously adversarial groups, truth-telling and memorialization of the historical record of human rights violations, and legal or political reforms that address the root causes of the conflict in order to prevent its recurrence in the future. The seminar will also explore the importance of different types of data or evidence both for documenting international crimes and other forms of injustice and harm that transitional justice processes seek to address, and for empirically evaluating the effectiveness of peacebuilding programs that have been implemented in Iraq, Chile, and other contexts.

The seminar will also engage with important critiques and limitations of the field of transitional justice, which has historically been dominated by scholars and institutions from the Global North, and by Eurocentric concepts of justice that are not necessarily universal. Contemporary transitional justice efforts have focused disproportionately on what are often described as “tribal,” “ethnic,” and “sectarian” conflicts in the Middle East and Africa, but have paid considerably less attention to the enduring legacies of colonial and white supremacist violence in North America. Transitional justice also tends to prioritize accountability for some forms of violence, conflict, and crime over others. For example, compensation is often provided for victims of lethal violence (e.g., “condolence” payments made by the U.S. military in Iraq and Afghanistan to family members of civilians killed in airstrikes) but not for other forms of non-lethal harm such as sexual violence. Students will come away from the seminar with a strong understanding of the primary tools and mechanisms for transitional justice (e.g., trials, truth and reconciliation commissions, compensation), key historical case studies including Iraq, Rwanda, and the United States, and important debates and critiques that have shaped the field.

Students can choose one of three options to fulfill the course requirements: 

• A research paper of approximately 20-25 pages* 
• 5 short response papers on weekly readings (approximately 1,500 words each)
• POLSCI or LAW: 1 research design proposal for an original research project using any empirical methods (e.g., qualitative, quantitative, archival) including draft Institutional Review Board (IRB) protocol (required for research with human subjects such as interviews, surveys, or participant observation)

*LAW students will have an option to satisfy the JD Upper Level Writing Requirement through extension of the paper to 30 pages. 

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.

China’s development without a western-style rule of law raises numerous questions. Does law matter in China? If yes, how does it work? What roles has law played in China’s economic, social and political development? This seminar covers both law on the books and law in action, emphasizes change and development in understanding law and governance, and takes China as a comparative case study to deepen our understanding of the fundamental nature of legal institutions. This seminar also features guest speakers from Yale, Princeton, Harvard, and other institutions. 

Evaluation: class participation: 30%, students should read assigned readings in advance and be prepared to be on call every week; paper(s): 70%. Students can choose to write five response papers (four pages each) or a research paper (20 pages minimum). The instructor keeps the discretion of approving or not approving a research paper proposal. Research papers are also qualified to satisfy JD students’ writing requirements (30 pages minimum), if they so choose.

Recent Supreme Court decisions have ushered in a 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 other aspects of federal and state firearms law. 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 in-class participation and a choice between six short reaction papers or one thirty-page paper.

Corruption is one of the major factors inhibiting economic development and undermining governmental legitimacy.  Developed governments generally enforce rules prohibiting domestic corruption, but have historically been less concerned with (and even encouraging of) foreign government corruption.  The United States passage of the Foreign Corrupt Practices Act in 1977, which prohibits covered entities from bribing foreign officials, represents a major shift in this policy.  In the last fifteen years, most other major economies and economic institutions (the IMF, the World Bank) have followed suit, although enforcement has been inconsistent.  This seminar will examine the origins and evolution of this effort to regulate firms' relationships with foreign government officials.  The seminar explores the history, economics, and policy behind anti-corruption efforts and the major challenges ahead.  The seminar will engage academic articles that address the economic effects of corruption, the politics of anti-corruption enforcement, the variation in current anti-bribery agreements (the UN Convention Against Corruption and the OECD Anti-Bribery Convention), and influence of these rules on foreign investment and trade.  The seminar is designed to be very participatory, with students leading discussion. 

Students will be evaluated on a series of critique papers, leading a class discussion, and class participation. If students wish to write a paper on a topic related to the course materials, they may request the opportunity to complete an additional  two credit independent study.  A final paper cannot replace the critique papers.

NOTE: An additional 2 credits are available for students who wish to write a longer paper in order to satisfy the JD or JD/LLM Upper-Level Writing Requirement. Students wishing to take this option should enroll in Law 558W Foreign Anti-Bribery Writing Credit. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12) *LAW 558W MUST be added no later than 7^thweek of class.*

While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12). This section will meet in-person on schedule to be determined. The instructor will meet online with any student who prefers that. Students will be placed in groups of 2 or 3 students for a writing group. The instructor will meet with each writing group separately. *LAW 558W MUST be added no later than 4th week of class.*

This 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.

This class explores international environmental law, one of the fastest growing fields of international cooperation. In 1972, there were only a smattering of international environmental treaties. Today, hundreds of agreements have been negotiated, covering such diverse topics as acid rain, depletion of the ozone layer, climate change, protection of biological diversity, desertification, and transboundary movements of hazardous wastes and chemicals.

This course will provide a general introduction to the basic concepts and mechanisms of international environmental law. The overarching question we will examine is: What role can law play in addressing international environmental problems? More specifically, we will ask:

• Why do states cooperate in developing international environmental norms? What factors promote or hinder cooperation?
• What legal mechanisms or approaches facilitate the development of international environmental standards?
• What role do science and expertise play in international environmental cooperation?
• What types of international environmental standards are most effective? How do we evaluate effectiveness?
• What incentives do states have to comply with international environmental standards? What disincentives?

The course will be structured in roughly two parts.  In the first part of the course, we will discuss the background, history, and political economy of international environmental law, as well as some of the main principles of international environmental law.  In the second part of the course, we will examine in detail a number of environmental treaties—from areas such as ozone protection, climate change, marine pollution, fisheries protection, and biodiversity—in an effort to understand how international environmental law works, and doesn’t.  Students will be expected to participate in class discussions and write a 20+ page research paper on a topic of their choice. 

This fall-only survey course is designed to provide students (particularly those with no background in the topic) with an overview of the American legal architecture related to the U.S. 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, including those who appreciate that the U.S.’s $849 billion ($2 trillion in defense outlays worldwide) impacts virtually all potential clients.

The course includes analyzing 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 domestic authority for the use of force overseas, governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues and environmental matters related to national security. In addition, homeland security issues (to include the domestic use of the armed forces), security-based travel restrictions, public health emergencies, civil-military relations, and the impact of national security issues on business transactions will be reviewed. The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020). Other materials may be provided as necessary. The instructor will offer practical, real-world perspectives on the issues discussed based on their extensive careers in government.

There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

The course is expected to include guest speakers. There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

Given this is a course in national security, class instruction will likely include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

There is no examination for this course, but a 30-page research paper (constituting 60% of the grade) is required on a topic chosen by the student and approved by the instructors. The course paper may fulfill the Substantial Research and Writing Project with instructor approval, provided all SRWP requirements are met. The remainder of the grade (40%) is based on the quality and frequency of class participation (which may include short papers and/or brief oral presentations).

Is bankruptcy broken?  For some years, many academics and practitioners have argued that the nation's business and consumer bankruptcy systems are outdated or otherwise not fit for their intended purpose.  The course will examine selected topics in bankruptcy law relating to this theme (but focusing most heavily on chapter 11 of the Bankruptcy Code).  Key reading materials will include recent major reports proposing reforms to bankruptcy law, as well as excerpts from the scholarship and leading judicial decisions.  We will consider questions including: what is bankruptcy for? Is it simply a procedural remedy for enforcing substantive rights that exist independent of the bankruptcy case, or an opportunity more fairly to redistribute assets (or losses)? Is bankruptcy special?  Should be Bankruptcy Code be read like any other statute, or do we need special principles for bankruptcy law, and broad equitable powers for bankruptcy courts, to encourage businesses and consumers to reorganize?  We will use case studies like the Purdue Pharma opioid-crisis bankruptcy to assess this.  In the final, consumer bankruptcy component of the course, we will grapple with the reality that most consumer reorganizations are unsuccessful and consider whether the current system strikes the appropriate balance between debtors’ rights and creditors’ protection. 

We will begin each topic by covering the relevant features of bankruptcy law, and you do not need to have taken a bankruptcy class to take this seminar. The objective of the seminar is to provide insight and into and allow for debate of bankruptcy theory and policy; in the process, we will consider the extent to which abstract theories of bankruptcy hold up in the real world, and the topics we cover will include issues of pressing interest to current bankruptcy practitioners. 

Students will be required to participate in class discussions. Students may complete either a series of reflection papers examining the reading materials and topics discussed, or one longer 25-30 page paper designed to satisfy the SRWP. 

Due to substantive overlap in material, students may not concurrently enroll in Law 288: Consumer Bankruptcy & Debt and Law 586: Current Debates in Bankruptcy Law. However, if you've taken one of the courses in a previous semester and wish to take the other, that will be permitted. 

Faced with myriad health, safety, environmental, security and financial risks, how should societies respond?  This course studies the regulation of a wide array of risks, such as disease, food, drugs, medical care, biotechnology, chemicals, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, violence, terrorism, emerging technologies, and extreme catastrophic risks. (Students may propose to research other risks as well.)

Across these diverse contexts, the course focuses on how regulatory institutions deal with the challenges of risk assessment (technical expertise), risk perceptions (public concerns and values), priority-setting (which risks should be regulated most), risk management (including the debates over "precaution" versus benefit-cost analysis, and risk-risk tradeoffs such as countervailing harms and co-benefits), and ongoing evaluation and updating.  It examines the rules and institutions for risk regulation, including the roles of legislative, executive/administrative, and judicial functions; the challenge of fragmentation and integration; the roles of oversight bodies (such as judicial review by courts, and executive review by US OMB/OIRA and the EU RSB); and the potential for international regulatory cooperation.

The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and beyond (especially those countries of interest to the students in the course each year).  It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and how regulatory systems can learn to do better.

This is a research seminar, in which students discuss and debate in class, while developing their own research.  We may also have some guest speakers.  Students' responsibilities in this course include active participation in class discussions, and writing a substantial research paper.  Students’ papers may take several approaches, such as analyzing a specific risk regulation; comparing regulation across countries; analyzing proposals to improve the regulatory system; or other related topics.

This course is Law 590, cross-listed as Environ 733.01 and PubPol 891.01.  Graduate and professional students from outside the Law School should enroll via those Environ and PubPol course numbers, and may contact the Nicholas School registrar, Erika Lovelace, e.love@duke.edu, or the Sanford School registrar, Anita Lyon, anita.lyon@duke.edu, with any questions about enrollment.  (The Law School does not use “permission numbers.”)

Issues in the legal regulation of human sexuality and gender identity are contested to varying degrees worldwide. Taking a global, comparative, and interdisciplinary approach to the investigation of the legal regulation of human sexuality and gender identity, this course uses case-studies to examine the cultural and religious, as well as the political and jurisprudential foundations of court decisions, laws, and regulations.

Per Rule 3-12, the Law School permits students to pursue independent study, approved and supervised by a member of the faculty. For more information, please visit https://law.duke.edu/academics/independentstudies/. With permission only.

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.

This writing and experiential course will provide students with the opportunity to practice several different types of persuasive writing used in federal litigation. The students will work on a hypothetical case involving an employment discrimination matter. The students will follow the case from the administrative agency level, to the filing of a complaint in federal court, through the discovery process, and culminating in the filing and arguing of a motion for summary judgment. In addition to writing, the students will have the opportunity to interview a client and a witness and to practice their oral advocacy skills in a mock meeting with a partner and a mock hearing. This course will be useful for anyone interested in practicing in federal court and/or pursuing a federal clerkship at the trial court level.