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Search and explore Duke Law's wide variety of courses that comprise nearly every area of legal theory and practice. Contact the Director of Academic Advising to confirm whether a course satisfies a graduation requirement in any particular semester.

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NOTE: Course offerings change. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.

The list of classes marked Spring 2023 is incomplete and is being regularly updated.

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice

Clear all filters 19 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

202

Art Law 2
  • JD SRWP, option
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Fall 20
  • Spring 22
  • Spring 23
  • Final Exam, option
  • Research paper option, 25+ pages
  • Class participation

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

Students will be required to participate in class discussions, and will have the option of writing a 25-30-page research paper OR taking a take-home exam. Paper topics must be approved by the instructor, who will be glad to make suggestions (some of which will involve local field research).

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

270

Intellectual Property 4
  • JD elective
  • LLM-LE (JD) required
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Spring 23
  • Final Exam

This course provides an introduction to copyright, trademark, and (to a lesser extent) patent law and trade secrecy. It does not require a technical background of any kind.  The course begins with an introduction to some of the theoretical and practical problems which an intellectual property regime must attempt to resolve; during this section, basic concepts of the economics of information and of the First Amendment analysis of intellectual property rights will be examined through a number of case-studies. The class will then turn to the law of trademark, copyright, and patent with a particular emphasis on copyright, developing the basic doctrinal frameworks and discussing the advantages and disadvantages of each. We will focus in particular on a number of areas where the theoretical tools developed at the beginning of the class can be applied to actual problems involving a full panoply of intellectual property rights; these areas include intellectual property on the Internet, the constitutional limits on intellectual property, and innovation, monopoly and competition in the technology sector. The overall theme of the course is that intellectual property is the legal form of the information age and thus that it is important not only for its enormous and increasing role in commercial life and legal practice, but also for its effects on technological innovation, democratic debate, and cultural formation. Much of our doctrinal work will be centered around a series of problems which help students build skills and learn the law in a highly interactive setting. You can also download the casebook for the class here – for free – to give you a sense of the topics that are covered. 

307

Internet and Telecommunications Regulation 3
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • PIPS elective
  • Fall 21
  • Spring 23
  • Final Exam
  • Class participation

This course will examine the regulation of technology, and specifically the technology of Internet and telecommunications. We will examine the possible application of antitrust law and more specific forms of regulation, and will consider pending policy proposals. We will also examine the constitutional (principally First Amendment) constraints on any such regulation.

321

The Law and Policy of Innovation: the Life Sciences 3
  • JD SRWP
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM NVE Cert
  • IntlLLM writing
  • Spring 21
  • Spring 22
  • Spring 23
  • Reflective Writing
  • Research paper, 25+ pages
  • Class participation

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

331

Introduction to Privacy Law and Policy 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam
  • Class participation

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

393

Trademark Law and Unfair Competition 2
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • Fall 20
  • Spring 22
  • Spring 23
  • Final Exam

This class offers an introduction to the law of trademark and unfair competition. Whether or not students intend to specialize in trademark law, a basic understanding of its rules will better enable them to advise clients who wish to protect their own marks, as well as those facing claims that they have infringed someone else’s mark. No technical background is needed. Trademarks include brand names and logos, and can also extend to other features that identify the source of a product for its consumers – including colors, packaging, and design – when they meet certain requirements. The course will begin with the requirements for obtaining trademark protection: distinctiveness, use in commerce, special rules for trade dress, and various bars to protection such as genericity and functionality. It will then cover confusion-based trademark infringement, secondary liability, anti-dilution, statutory and common law defenses, false advertising, and cybersquatting. Could a Utah theme park called “Evermore” stop Taylor Swift from calling her album “Evermore”? Did Lil Nas X’s Satan shoes infringe Nike’s trademarks? With the proliferation of craft brews, are we running out of brand names for beer, particularly pun-based “hoptions”? The course will address these and other pressing questions.

441

Start-Up Ventures Clinic 4
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  • PIPS experiential
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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

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

Important:

    • See Clinics Enrollment Policy
    • This course may not be dropped after the first class meeting.
    • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
    • International LLM students who wish to enroll in a clinic must seek the permission of the instructor prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
  • Business Associations and Advising the Entrepreneurial Client or Start-Up Law are recommended but not required.

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Start-Up Ventures Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

441A

Advanced Start-Up Ventures Clinic
  • JD elective
  • LLM-LE (JD) elective
  • PIPS elective
  • PIPS experiential
  • Spring 21
  • Fall 20
  • Fall 21
  • Spring 22
  • Spring 23
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

The Advanced Start-Up Ventures Clinic is for students who have already completed a semester in the Start-Up Ventures Clinic (Law 441) and wish to continue their experiential education in the start-up space, whether it be a to-be-determined project on a specific area of entrepreneurial law, or working with a specific client or in a specific industry. Typically, the course is two credits and permission to take the Advanced Start-Up Ventures Clinic must be approved by the Clinic Director. 

476

Ethical Technology Practicum 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • Spring 22
  • Fall 22
  • Spring 23
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation

Technological developments have greatly outpaced the legal, ethical, and policy developments in many areas of emerging technology.  As a result, these developments raise important questions on the legal and policy frameworks and practices most appropriate to build an ecosystem of trust that will help ensure citizens and other stakeholders that these innovations will benefit them and are being developed and deployed in an ethical, safe, reliable and responsible manner.  Policymakers and other stakeholders around the globe are grappling with these questions.  As the policy discussions unfold, organizations also are developing their own practices for operationalizing trustworthy or ethical technology.  To do this, organizations often assemble cross-functional teams and develop policies and practices to guide their organization, drawing on myriad sources such as existing and proposed laws, “soft law,” and other resources.  When it comes to the development of individual or novel technologies or platforms, those teams often include ethical guidance to inform “ethics by design” that can help direct developers, and the development of products themselves. The goals of this Practicum are to provide (a)the foundational legal, ethical, and policy frameworks, drawing upon the growing body of existing and proposed laws, ethics by design approaches, and other literature and resources, and (b) practical experience working in a cross-functional team to help an organization design a plan to help manage ethical development of an emerging technology or technological platform in their portfolio. Students will be evaluated on various steps in developing their plans, working with their client, their completed plan, and presentation of their work. 

530

Entertainment Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • Spring 23

Law 530 (“Introduction to Entertainment Law”) explores how principles of intellectual property, contract law, media law and labor law inform the practice of entertainment law, and provides a comprehensive, “nuts and bolts” introduction to working as an entertainment lawyer.  The course focuses on learning practical legal and business skills such as drafting and negotiating financing, development, production and distribution deals in the motion picture and television industry.  The final course grade will be based on (i) class attendance and participation (50%), (ii) drafting and negotiating assignments (25%), and (iii) a final project, which will include an in-class presentation and long-form drafting assignment (25%). 

576

Agency Law in a Changing Economy 2
  • JD SRWP, option
  • JD elective
  • IntlLLM writing
  • Spring 21
  • Spring 22
  • Spring 23
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

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

577

Emerging Issues in Sports and the Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing
  • IntlLLM Business Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

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

592

Frontier AI & Robotics: Law & Ethics 3
  • JD SRWP, option
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • Fall 20
  • Spring 21
  • Spring 22
  • Spring 23
  • Reflective Writing
  • Research and/or analytical paper(s), 20+ pages
  • In-class exercise
  • Class participation

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

The course will bring together three core areas: (1) law, (2) ethics, and (3) applied technology. Because frontier technologies challenge existing legal regimes and ethical frameworks, this course and its assigned project encourage law, ethics, and policy students to interact with networks of experts who are actively thinking about ethical technology development and with technology policy networks that explore the social implications of a world increasingly inclusive of AI.

Beyond time spent for class preparation and in-class time, each student in Frontier AI & Robotics: Law & Ethics will be required to complete a substantial research-based Report that demonstrates a deep, research-based understanding of a topic about which the student shall become knowledgeable such that he/she could take part meaningfully in and contribute to present-day discussions of law, policy, and ethics in the topic area. This Report may qualify for the JD SRWP degree requirement or the International LLM writing requirement upon permission of the instructor.

NO PRIOR EXPERIENCE WITH ARTIFICIAL INTELLIGENCE OR TECHNOLOGY IS NEEDED FOR THIS COURSE.

599

Race, Bioethics and the Law 2
  • JD elective
  • PIPS elective
  • Spring 23
  • Reflective Writing
  • Research and/or analytical paper(s) option, 10-15 pages
  • Class participation

Much of the mainstream dialogue regarding medicine, technological advances, and healthcare has relied on the premise of fairness and equality. However, this is not the entire story. Many of the advancements we take for granted were produced at the expense of racially marginalized individuals. Though these challenges can feel insurmountable, we have the tools to develop solutions. The goal of this course is to teach students the shared history of racism in medicine and to empower them to address these disparities through bioethics and the law. The course will cover historical bioethical incidents that shaped racially marginalized individuals’ relationships with healthcare and science. It will also examine healthcare, bioethics, and the law through the lens of racially marginalized peoples and anti-Blackness in law and policy. Lastly, it will also cover various approaches to integrating anti-racist principles into the practice of law.

745

Trade Secrecy: Doctrine, Policy, Frontier Issues 2
  • JD SRWP, option
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM writing
  • IntllLLM IP Cert
  • Spring 23
  • Research paper, 25+ pages
  • Research paper option, 25+ pages
  • Oral presentation
  • Class participation

This seminar introduces trade secrecy doctrine and examines the most important policy contexts in which trade secrecy are arising today. No background knowledge is required. However, students must be prepared to be quick studies of various areas of technology and law. Of the various U.S. intellectual property regimes, trade secrecy is perhaps the most doctrinally elusive. Historically a common law tort that also borrowed from property and contract, trade secrecy has become codified in state, federal, and international regimes. The codification of trade secrecy doctrine has coincided with increasing recognition that it is often the most important mechanism by which firms protect returns on innovation and/or business investment. Notably, trade secrecy (and secrecy more generally) is becoming increasingly important not only for private firms, but also for national and regional innovation and security strategies. This seminar begins with an introduction to the trade secret doctrinal canon (including a discussion of how trade secrecy intersects with patent, copyright, and data exclusivity protection). It then discusses empirical evidence on uses of trade secrecy. Next, it considers various policy contexts, ranging from cybercrime and data regulation to employment and public administration. The seminar concludes by examining frontier technology areas in which trade secrecy plays a prominent role. These include machine learning and biopharmaceutical manufacturing.

754

IP Transactions 2
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam
  • Class participation

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

755

Data Governance and Data Sharing 2
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-LE (JD) elective
  • IntlLLM writing
  • IntllLLM IP Cert
  • Spring 23
  • Research paper option, 25+ pages
  • Class participation

Data often is referred to as the “new oil” or the “new gold,” given its potential to help unlock many economic and social benefits ranging from making industries more innovative and efficient to aiding in drug discovery, combatting climate change, and identifying and addressing social disparities.  The exponential growth of data has enhanced the need to develop robust data governance and data sharing practices, which can implicate a broad range of legal and policy issues, including privacy, cybersecurity, intellectual property, antitrust, corporate, and emerging AI policies.  Since many U.S. organizations collect and process data in multiple countries, data governance and sharing systems often need to factor in the laws of multiple jurisdictions.The goal of the seminar is to give students a foundation in the key legal and policy issues shaping data governance and data sharing practices, and insight on how organizations are operationalizing data governance and data sharing in the quickly evolving legal environment.  The course addresses relevant US laws and policies as well as select international laws and policies in order to help prepare students to address data governance and sharing practices that extend across certain jurisdictions.  To accomplish these learning objectives, the seminar begins with an overview of data governance and a series of classes focusing on legal and policy issues implicated by data governance.  Next, the seminar includes a series of classes focused on data sharing, including emerging laws and policies promoting data sharing and contractual strategies and challenges for implementing data sharing.  Finally, the course will explore how policymakers are turning to certain technology solutions to help address competing legal and policy concerns such as protecting privacy, on the one hand, and promoting data sharing and transparency, on the other.

769

Design Law 2
  • JD SRWP, option
  • LLM-LE (JD) elective
  • IntlLLM writing
  • IntllLLM IP Cert
  • Spring 23
  • Research paper, 25+ pages
  • Research and/or analytical paper(s), 5-10 pages

The law regulates the design of almost all of the artefacts that we experience. It establishes intellectual property rights that incentivize the creation of new design and that restrict the ability of other designs from being made. And a host of other legal fields regulate the shape, efficiency, safety, and accessibility of virtually everything around us. Sometimes these different laws work together; while at other times they work at cross purposes. This seminar will explore the various ways in which law regulates design. We will begin with examinations of the intellectual property doctrines that do so, including design and utility patents, copyright, and trade dress. Then we will consider other areas of the law that influence design, including, possibly, tort law, disability law, environmental law, administrative law, and tax law. We will read traditional legal doctrinal materials, including cases, statues, and regulations. And we will also read contemporary scholarship in law, design, and business. Ideally, the course will also include presentations by designers and attorneys in order to give students a richer understanding of the field.

Methods of evaluation:  class participation, and either 30-page SRWP or six 4-5-page papers >

781

Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3
  • JD SRWP
  • JD elective
  • IntlLLM writing
  • Fall 20
  • Spring 23
  • Reflective Writing
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

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

The writing for this course may be used to satisfy the JD Substantial Research and Writing Project Requirement.

Course Credits

Semester

JD Course of Study

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice