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 filters130 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

740

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

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

101

Foundations of Law 1
  • JD - first-year curriculum
  1. Fall 17
  2. Fall 18
  • Final Exam

This year-long, signature course exposes all first year students to foundational legal concepts, themes and issues in the study of law. This is a one credit course.

110

Civil Procedure 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Class participation

A consideration of the basic problems of civil procedure designed to acquaint students with the fundamental stages and concerns of litigation, e.g., jurisdiction, pleading, discovery, trial, choice of law, and multiparty actions. In addition, this course will highlight a number of specialized topics including the role of juries in deciding civil disputes, the ethical responsibilities of the litigation attorney, and the development of alternative dispute resolution systems. At several points, this course will focus on an analysis of the procedural system's operations as revealed through empirical studies.

120

Constitutional Law 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Final Exam
  • Class participation

An examination of the distribution of and limitations upon governmental authority under the Constitution of the United States. Included are study of the doctrine of judicial review of legislative and executive action, the powers of Congress and the President, the limitations on state governmental powers resulting from the existence or exercise of congressional power, and judicial protection against the exercise of governmental power in violation of rights, liberties, privileges, or immunities conferred by the Constitution.

130

Contracts 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Fall 18
  5. Spring 19
  • Final Exam
  • Class participation

An examination of the formation and legal operations of contracts, their assignment, their significance to third parties, and their relationship to restitution and commercial law developments; the variety, scope, and limitations on remedies; and the policies, jurisprudence, and historical development of promissory liability.

140

Criminal Law 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  • Final Exam
  • Class participation

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

160AB

Legal Analysis, Research & Writing 4
  • JD - first-year curriculum
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  • Reflection Papers
  • Final paper (10+ pages in length)

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

170

Property 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  • International LLM, Environmental Law Certificate
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  • Final Exam
  • Class participation

A study of the law of property, its objectives and its institutions. This course investigates how property rights and institutions affect resources, prosperity, fairness, freedom, community, and the sometimes conflicting interests of individuals, groups, and governments, in specific applications such as land, possessions, energy, environmental resources, ideas, music, the family, and the self. The course examines doctrines such as acquisition, exclusion, transfer, estates and future interests, covenants and easements, trespass and nuisance, zoning, landlord-tenant and housing law, and compensation for government takings of property.

180

Torts 4.5
  • JD - first-year curriculum
  • International LLM - New York Bar Exam
  1. Fall 16
  2. Fall 17
  3. Spring 18
  4. Fall 18
  • Final Exam
  • Class participation

An analysis of liability for personal injuries and injuries to property. The law of negligence occupies a central place in the course content, but this course also considers other aspects of tort liability such as strict liability, liability of producers and sellers of products, nuisance, liability for defamation and invasion of privacy, and commercial torts. The subjects of causation, damages, insurance (including automobile no-fault compensation systems), and workmen's compensation are also included.

190

Distinctive Aspects of U.S. Law 2
  • International LLM - New York Bar Exam
  • International LLM - required courses
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam

This course is intended to provide a broad introduction to key elements of American law. Emphasis will be placed on exploring contemporary constitutional issues and other issues involving fundamental principles of American law. Much of the focus will be on recent, and controversial, Supreme Court cases dealing with property law rights, affirmative action, the death penalty, punitive damages, the commerce clause, federalism, and separation of church and state. Special focus will also be given to developing a working understanding of the American litigation system, including reliance on pre-trial discovery, experts, and the jury system.

195

U.S. Legal Analysis, Research and Writing for International Students 2
  • International LLM - New York Bar Exam
  • International LLM - required courses
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Reflection Papers
  • Final paper (10+ pages in length)

A research and writing tutorial designed to introduce international students to the techniques of case and statutory analysis as well as the tools and methods of legal research. Students are expected to complete written assignments and memoranda of law.

201

Legal Writing: Craft & Style 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Practical exercises
  • Class participation

"Legal Writing: Craft & Style" is the new moniker for the "Advanced Legal Writing Workshop." This series of thirteen workshops is for 2Ls and 3Ls who wish to hone their legal writing or editing skills. Half of each workshop consists of a teaching component that focuses on topics from clarity to cohesiveness to effective style. The other half is spent working as a group on exercises—flawed sentences or passages from legal documents or articles. In addition to the exercises, required written work includes three short written assignments and peer reviews of each of these using criteria developed over the course of the workshop. These peer reviews will be reviewed in turn by me. In addition, I will be available to work one-on-one with any workshop participant who has a lengthier piece on which he or she would like feedback. The workshop offers two credits. It is not graded.

The workshop might be particularly useful to:

  • law review editors,
  • students on moot court,
  • students writing law-review notes or independent-study- or seminar papers (with the permission of the guiding professor),
  • students wishing to polish their writing samples, and
  • students wishing to improve the effectiveness of their writing for any reason whatsoever.

218

Comparative Law 3
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam

This course has two aims. On a practical level, we will learn about the differences and similarities, both real and perceived, between different legal orders. We will focus on legal orders within the "civil" and "common" law and try to find out in which way it makes sense to conceive of them as "the Western Legal Tradition". On a theoretical level, we will try to understand what it means to "compare", and how it can help us both to understand other legal systems as well as our own.

227

Use of Force: Cyber, Drones, Hostage Rescues, Piracy, and more 2
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This fall-only seminar is designed to introduce students with limited familiarity with international law to principles involved in the use of force during periods of putative peace.  It will explore what circumstances constitute an “act of war” in variety of situations, to include cyberspace. 

The course will analyze when and how force may be used in self-defense and will survey topics such as humanitarian intervention, hostage rescue, air defense identification zones, freedom of navigation operations, and the legal aspects of international counter-piracy and counterterrorism operations (including drone strikes).  Efforts to limit the use of force in outer space as well as the implications of nuclear weapons and the emergence of autonomous weaponry will be explored.

Case studies and current news events will be examined in conjunction with the covered issues.  In addition, students will get an overview of the practical issues associated with the use of force, to include the weaponry, planning, and military techniques involved.

There is no examination, but a 20-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements. provided it is at least 30 pages in length.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require the preparation of short, written products.

229

State and Local Government Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Spring 18
  2. Spring 19
  • Final Exam
  • In-class exercise
  • Class participation

Much of the business of governing takes place at the state and local level, rather than on the federal level. Competent attorneys must consider the effect that various state and local actors will have on their clients' interests, whether they represent large corporations, small franchises, or individuals. This course is designed to offer an overview of the issues concerning state and local governance from both a theoretical and practical perspective. The course will acquaint students with the broad issues surrounding state and local government, rather than focus on any particular state or municipality. Among the topics of discussion: state constitutional law, structure, and rights; distribution of authority between federal, state, and local governments; federal, state, and local government coordination and conflict; issues surrounding state and local provision of services and employment; state and municipal governance and oversight, and the role of localism and direct democracy in our constitutional structure. Evaluation will be based on class participation, class exercises, and an examination.

236

International Human Rights 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Spring 19
  • Final Exam
  • In-class exercise
  • Class participation

This course critically assesses the international and domestic laws, institutions, and legal and political theories that relate to protecting the fundamental liberties of all human beings. The course emphasizes (1) specific "hot button" topics within international human rights law, such as extraordinary renditions, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies that interpret and implement human rights; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated. Course requirements include a final exam, a negotiation exercise, and student participation in class discussions.

237

Ethics of Social Justice Lawyering 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  • International LLM - New York Bar Exam
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Fall 17
  • Final Exam
  • Class participation

This course examines Professional Responsibility as it applies to representing poor and/or underrepresented clients (in criminal and civil cases), as well as to lawyering for social justice causes, through impact litigation and other means. We will explore the substantive law of Professional Responsibility, focusing on ethical challenges frequently encountered in social justice representation (e.g., representing clients who are uneducated or culturally different than the attorney, practicing with limited resources in an environment of many unmet legal needs, defining who the client is when representing a group or cause, and the tensions created when the requirements of Professional Responsibility are at odds with the attorney's personal morality or vision of social justice).  While we will work mostly from the ABA Model Rules of Professional Conduct, required reading will also include scholarship on the unique ethical and moral dilemmas of social justice lawyers, and students will be encouraged to think critically about the rules of Professional Responsibility and their application in social justice contexts.  Throughout the course, we will consider and practice the lawyering skills needed to ethically represent clients and social causes, through in-class resolution of hypotheticals and experiential learning, such as simulations or role-playing.   Several practicing, social-justice attorneys will join us to guest-speak.

238

Ethics and the Law of Lawyering 2
  • JD - general credits
  • JD - ethics
  • International LLM - New York Bar Exam
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Final Exam
  • Class participation

This course examines in detail the "law of lawyering" relating to such issues as the formation of the attorney-client relationship, confidentiality, communications with clients, conflicts of interest, regulation and discipline of attorneys, and numerous other areas relating to the lawyer's role in American society. In addressing these issues, we will consider the extent to which the law governing lawyers derives from the concept of a learned profession, as well as the degree to which the ethics of lawyering may differ from personal ethics and morality. While particular attention will be paid to the ABA Model Rules of Professional Conduct, the class will also examine other sources of relevant law, including the Restatement (Third) of the Law Governing Lawyers, court decisions, statutory rules, and administrative regulations.

 

242

Social Justice Lawyering 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 17
  2. Fall 18
  • Reflection Papers
  • Group project
  • Class participation
  • Other

Working for social justice is an important part of the professional obligations of all lawyers, and for many law students, their initial motivation for pursuing a legal education. This course is designed to introduce students to the ways in which lawyers committed to social justice engage with communities, individual clients, social and political causes and legal systems to help effect social change. We will examine the types of lawyers working toward social justice, the ways in which lawyers help shape claims in social justice cases, and finally, how lawyers use their skills and training to engage in political struggles and movements to achieve social justice for the communities, causes, or individual clients that they represent.

Through readings, discussion, and independent studies of legal cases and movements in social justice, students will explore different models of social justice lawyering and the barriers present both in the representation of under-served communities and in pursuing a career in public interest law. Students will also have an opportunity to explore more deeply how they plan to be a lawyer engaged in social justice work, either in their pro bono or full-time future practice.          

 

242W

Social Justice Lawyering, Writing Credit 1
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • LLM-ICL - writing requirement
  • International LLM/Exchange/SJD - general credits
  • International LLM - writing requirement
  • Public Interest Certificate: General Elective
  1. Fall 17
  2. Fall 18
  • Final research paper (25+ pages in length)

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 five 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 meet with Professor Berlin or Gordon by September 1, 2017, which is the last day of the drop-add period, if you would like to seek an additional credit and if you plan to use your paper to satisfy one or more of these requirements.

250

Family Law 3
  • JD - general credits
  • International LLM - New York Bar Exam
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Practical exercises
  • Class participation

A study of legal and policy issues relating to the family. Topics include requirements for marriage, nontraditional families, obligations at divorce, establishing parenthood, and adoption. Grading is based on a final examination, class participation, and written work relating to a visit to family court and completion of a divorce settlement exercise.

255

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

An introduction to federal income taxation, with emphasis on the determination of income subject to taxation, deductions in computing taxable income, the proper time period for reporting income and deductions, and the proper taxpayer on which to impose the tax.

265

First Amendment 3
  • JD - general credits
  • International LLM - New York Bar Exam
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam

This course examines the legal doctrines, theories, and arguments arising out of the free speech and religion clauses of the First Amendment.

270

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

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

275

International Law 3
  • JD - general credits
  • LLM-ICL - required courses
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam

This course offers a general introduction to the international legal system and provides a foundation for more specialized courses. Topics covered include the sources, actors and institutions of international law; the application of international law by U.S. courts; adjudication by international tribunals; the extraterritorial application of domestic law; and an introduction to specific topics, such as human rights, international criminal law, international trade and investment, environmental protection, and the use of force.

290

Remedies 3
  • JD - general credits
  • International LLM - New York Bar Exam
  1. Spring 18
  2. Spring 19
  • Final Exam
  • Class participation

This course examines the powers and limits of the law to right those who have been wronged. We will cover different forms of remedies—including money damages, injunctions, and declaratory judgments. We will also explore ancillary remedies or enforcement mechanisms, such as the power of courts to hold parties in contempt. The course spans both private and public law contexts, with specific case studies ranging from school desegregation to the September 11th Victim Compensation Fund. Ultimately, the goal of the course is to provide an understanding of how the law responds to transgressions of substantive law, and also to provide a richer account of the power of our legal institutions more generally.

311

Election Law 3
  • JD - general credits
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  • Final paper (10+ pages in length)
  • Final research paper (25+ pages in length)
  • Reflection Papers
  • Group project
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

This course will explore selected topics in Law and Politics of American Democracy. We will examine the way the law and other forces have shaped the structure of American political participation, and we will consider alternative directions American democracy might take. Time permitting, we will focus on the right to vote, racial and political gerrymandering, campaign finance, political parties, ballot access, reapportionment/redistricting, and the Voting Rights Act.

313

Judicial Decisionmaking 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  1. Spring 17
  2. Spring 19
  • Final Exam

What decides legal cases? One obvious answer is: the law. Judges apply the law to the facts of a case and an answer presents itself. This simple understanding of how law and the judicial process work may be true in many cases, but it is not true in all of them. Social scientists have sought to explain judicial decisionmaking by reference to a variety of non-legal factors, including judges' personal characteristics, their caseloads, and their relationships with each other. The social scientific study of courts raises a host of interesting questions.

For example, on a multi-member court like the Supreme Court, does it matter which Justice is assigned to write the opinion, or will the majority (or the whole Court) bargain to the same outcome anyway? If opinion assignment matters to outcomes, how might judges' choices about the division of labor influence the content of the law? How do higher courts ensure that lower courts comply with their decisions? Does the need to police lower courts alter legal doctrine, giving us more bright line rules and fewer fuzzy standards? Similarly, does the fact that certain groups, like the Chamber of Commerce, are repeat players, affect the outcome of cases? Does it affect doctrine? Finally, does it matter who is under the robes? Does the ideology of the judge, or her race or gender, matter to the outcome of cases? (Which cases?) If so, is it possible to predict how judicial characteristics will shape the law? Should our answers to these questions affect how we choose judges?

This course that will examine these questions and many like them. In law schools, these sorts of questions get limited attention: our focus is primarily on the legal doctrine or rules themselves. Social scientists take a very different approach, studying the behavior of judges rather than legal doctrine and trying to understand what accounts for judicial outcomes and the shape of legal institutions. This course will marry the social science literature and the questions it raises to a set of normative problems within the law itself.

 

317

Criminal Justice Ethics 2
  • JD - general credits
  • JD - ethics
  • International LLM - New York Bar Exam
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Reflection Papers
  • Class participation
  • Other

The Criminal Justice Ethics course is centered on the law governing lawyers operating in the criminal justice system. It explores some of the critical issues facing lawyers in the roles of defense counsel, prosecutor, judge, etc., and includes several guest speakers and visits to a prison and courthouse. Case studies and problems are drawn from North Carolina cases, including some of the Duke Wrongful Conviction Clinic's cases of actual innocence.

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
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • 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
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • 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.

328

International Debt Finance (and Sovereign Debt Crises) 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Spring 17
  2. Spring 18
  3. Spring 19

This course uses the lens of international debt finance to provide students with an advanced course in securities law, corporate law, and contract law. In the area of international debt finance, particular attention will be paid to debt issuances by sovereign nations. Given that much of this market is centered in New York and London, the focus of the course will be on U.S. and English law contracts and securities regulatory systems (including stock exchange listing regimes). Particular attention will be paid to how lawyers and their clients (both the sovereigns and the investment bankers) think about how to structure their contracts and what disclosures to make to the public regarding these contracts. Finally, attention will also be paid to the question of how domestic law private law principles can be utilized to solve or at least ameliorate the problem of third world debt (with particular reference to Sub Saharan debt).

Note: Students may enroll in 328P for an opportunity to earn an additional credit.

329

Education Law 2
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final research paper (25+ pages in length)
  • In-class exercise
  • Class participation

Education Law: Constitutional, Statutory, and Policy Considerations This seminar introduces students to the legal standards that govern public schools in the United States. Constitutional topics include the right to a public education, the financing of public schools, desegregation and equal opportunity of students, limitations on student speech, school discipline and the right to due process, religion in schools, and privacy rights of students. Statutory topics include federal laws such as the Every Student Succeeds Act, the Individuals with Disabilities Education Act, Title IX, and the Equal Educational Opportunities Act. Policy topics include school reforms, such as charters and vouchers, and the ongoing inequities in US public schools, and the school-to-prison pipeline. A research paper is required; successful completion of the paper will satisfy the upper-level writing requirement. A course pack will be used in lieu of a textbook.

331

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

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

334

Civil Rights Litigation 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation

This course focuses on section 1983 of the United States Code, a Reconstruction-era statute that enables private parties to sue any other person who "under color" of law deprives them of the "rights, privileges, or immunities secured by the Constitution and laws" of the United States.  Class participants will become familiar with the theoretical, procedural, and practical aspects of civil rights litigation, including constitutional and statutory claims, defenses and immunities, and available remedies, including attorney fees.   Related U.S. Code provisions concerning discrimination in housing, contractual relations, employment, and voting are examined where relevant. Exam-based evaluation.

Students may not enroll in both Civil Rights Litigation (334) and Fed Courts II – Public Law Litigation (344).

337

International Debt Finance II 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  1. Spring 19
  • Group project
  • Practical exercises
  • Class participation

This course is offered to students who have previously taken law 328 International Debt Finance and Sovereign Debt Crises.

338

Animal Law 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Reflection Papers
  • Class participation

This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates. It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws.

338O

Animal Law Outplacement 2
  • JD - general credits
  • International LLM/Exchange/SJD - general credits

    This outplacement course will provide students the opportunity to work on legal matters related to animals. Students are required to complete a minimum of 100 hours of outplacement work under the supervision of practicing attorneys over the course of the semester. Placements may be with local attorneys in private practice (handling veterinary malpractice cases, for example), local district attorneys' offices (working on cruelty prosecutions), or national animal advocacy organizations (such as the Humane Society of the United States, the Animal Legal Defense Fund, or People for the Ethical Treatment of Animals). The course instructor will assist in making the placements for the students and will maintain close communication with both the students and the placement supervisors on the amount, type, and quality of the work performed. The outplacement will require legal drafting such as preparation of complaints, examination outlines, and legal memoranda.

    Students' grades will be based on the quality of their clinical work assessed by the outplacement supervisor and the course instructor.

    339

    Law and Literature 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    1. Spring 17
    2. Spring 19

    This course concentrates on possible relationships between law and literature. The major themes will be depiction of law and lawyers in popular and highbrow fiction; relationship between the interpretation of legal and literary texts; law in utopia and dystopia; crime and punishment; romantic conception of authorship in copyright, interpretation, and social theory. The course involves considerable reading, including works from some of the major academic debates in the ''law and literature movement'' and from cognate debates in legal interpretation.

    342

    Federal Courts 4
    • JD - general credits
    • International LLM - New York Bar Exam
    • Public Interest Certificate: General Elective
    1. Spring 17
    2. Spring 18
    3. Spring 19
    • Final Exam

    The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

    343

    Federal Courts I: Constitution & Judicial Power 3
    • JD - general credits
    • International LLM - New York Bar Exam
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Fall 17
    2. Fall 18
    • Final Exam

    This installment focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, and finality), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies).

    This installment also focuses on the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the parameters of federal question jurisdiction.

    344

    Federal Courts II - Public Law Litigation 3
    • JD - general credits
    • International LLM - New York Bar Exam
    • Public Interest Certificate: General Elective
    1. Spring 18
    2. Spring 19
    • Final Exam

    This installment addresses a broad variety of public law litigation, including private rights of action to enforce federal statutes and constitutional litigation against federal and state governments and their officials. We will give significant attention to both federal and state sovereign immunity, as well as to doctrines of qualified and absolute immunity that protect individual government officers. The course also discusses the roles of state and federal courts in hearing public law litigation, including principles of judicial federalism limiting federal court interference with state judicial proceedings. We conclude with an extensive unit on federal habeas corpus remedies, including both challenges to federal executive detention (including the War on Terror cases) and collateral attack on state criminal convictions.

    Federal Courts I (Fall 2015) is not required.

    Students may not enroll in both Civil Rights Litigation (334) and Fed Courts II – Public Law Litigation (344).

    345

    Gender & the Law 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Spring 17
    2. Spring 18
    3. Spring 19
    • Final Exam
    • Reflection Papers
    • Oral presentation
    • Practical exercises
    • In-class exercise
    • Class participation

    This survey course examines topics in law relating to gender through a series of different theoretical perspectives. Topics include employment, the family, domestic violence, school sports, sexual harassment, pornography, prostitution, rape, affirmative action, women in legal practice, pregnancy, and sexual identity. Some film is used in class. Evaluation is by an end-of-term exam and three short "reaction papers."

    347

    Health Care Law and Policy 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Fall 16
    2. Fall 17
    3. Spring 19

    A survey of the legal environment of the health services industry in a policy perspective, with particular attention to the tensions and trade-offs between quality and cost concerns. Topics for selective study include access to health care; private and public programs for financing and purchasing health services; the economics of health care and health care costs; the role of professionalism versus the new commercialism in health care; the legal and tax treatment of not-for-profit corporations; regulation of commercial practice in professional fields; fraud and abuse in government programs; the application of antitrust law in professional fields; the internal organization and legal liabilities of hospitals; public regulation of institutional providers, including certification of need; personnel licensure; private personnel credentialing and institutional accreditation; liability for medical accidents; legal liabilities associated with the administration of health benefits; and public regulation of managed-care organizations. Study of the diverse legal problems encountered by a single industry, particularly one as important, complex, and intrinsically interesting as health care, may appeal to students generally interested in public policy and in law and economics as well as those with specific interests in the health care field.

    350

    Advanced Constitutional Law: A Legal History of the US Civil Rights Movement 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Spring 19
    • Final Exam
    • Class participation

     This course will examine the role of social movements in the development of U.S. constitutional law. Conventional theories of judicial independence do not define a legitimate role for social movements, but recent advances in legal scholarship have underscored the co-constitutive relationship between law and social movements. Accordingly, this course will explore how participants in social movements engage the Constitution and how these encounters shape constitutional doctrine, social institutions, public discourse, and movements themselves. We will investigate the processes of mobilization and counter-mobilization and reflect on how movements often spur constitutional change through means other than constitutionally specified procedures. We will also consider why movements fail and will critically analyze rights-based approaches to reform. The course will place particular emphasis on the involvement of social movement actors in the transformation of civil rights law. Course readings will draw from a wide range of historical, sociological, and legal sources.

    351

    U.S. Immigration and Nationality Law 2
    • JD - general credits
    • LLM-ICL - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Fall 16
    2. Fall 17
    3. Spring 19
    • Reflection Papers
    • Class participation

    This course will provide an overview of selected law and policy topics in immigration law.  It will consider the following questions: what criteria are used in determining who can come to the United States as an immigrant or visitor?  When and why may noncitizens be forced to leave?  How should choices about admission and removal be implemented?  It will focus on current topics in immigration enforcement, including the “sanctuary” movement, border enforcement, immigration detention, family separation, and the merger of criminal and immigration enforcement.  Discussion will be based on a variety of sources, including statutes, caselaw, administrative enforcement guidance, social science research, and legal scholarship.  Assessment will be based on written papers and class participation.

    359

    Introduction to Law and Economics 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Business Law Certificate
    1. Fall 16
    2. Fall 17
    • Final Exam

    Law and economics is one of the most influential schools of thought in modern legal theory. The ideas propounded by the economic analysis of law are gaining increasing traction in court decisions as well as in legal policy. This course explores the methodology of economic analysis in the legal context and discusses several of its provocative insights. This course will examine the major contributions of the economic analysis of law in the classical common law categories of contract, tort and property, as well as in other areas that may not initially appear to be amenable to economic reasoning. The course does not require any background in economics.

    Grades: 100% of the grade will be based on the final exam.

    363

    Legislation and Statutory Interpretation 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    1. Spring 17
    2. Spring 18
    3. Fall 18
    • Final Exam

    Legislation is one of the most important forms of law in modern American society. Indeed, it has been said that we are living in an 'age of statutes.' Almost every aspect of legal practice involves construction of statutes, whether defining the jurisdiction of the courts or establishing the norms to which society must conform. In this course, we will examine the legal theory and practice of the making and enforcement of statutes. The course will begin with a study of the legislative process, with special attention to theories that seek to understand why some bills succeed where others fail. The next unit of the course will consider statutes as a unique source of law, comparing them to the common law and the Constitution. We will then move to the heart of the course, which will focus on how judges and other legal actors (agencies, enforcers, etc.) interpret statutes. There will be a take-home final for this course.

    368

    Natural Resources Law and Policy 2
    • JD - Substantial Research and Writing Project requirement (SRWP)
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Environmental Law Certificate
    • Public Interest Certificate: General Elective
    1. Spring 17
    • Final Exam, option
    • Final research paper (25+ pages in length), option

    The law of how we use nature - timber, mining, bioversity, fisheries, water rights, and agriculture. Also an introduction to the historical and constitutional geography of American public lands: the national parks, forests, wilderness system, and grazing lands, and disputes over federal versus local control of these. There is special attention to the historical and political origins of our competing ideas of how nature matters and what we should do with it, from economically productive use to outdoor recreation to preserving the natural world for its own sake. Attention also to the complicated interplay of science and law.

    370

    Introduction to Legal Theory 3
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
      • Variable by section

      Legal Theory is a 3-credit lecture and discussion class with enrollment capped at 35. The course will be organized around a set of essential questions: Where does law come from? What, if anything, makes it legitimate? What does equality before the law mean? Does law prevent violence, or merely channel it? Does the law create the economy, or does economic life frame and limit the law? What is the right way to interpret a legal text? How should our understanding of law be affected by the fact that we live in a democratic country, a free-market country, a country with a written constitution? We will consider and approach these questions by way of major schools of legal thought, testing the theoretical approaches against our concrete sense of the problems a legal system has to address, and the shapes these problems take today. The class requirements include regular attendance and a take-home final exam. No prior exposure to legal theory, philosophy or political theory is required.

      394A

      Past and Future of Capitalist Democracy 3
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      1. Fall 17

      Democracy, equality, capitalism, and progress are framing ideas so fundamental today, yet all four are coming under various kinds of pressure. Does democracy work? What does equality mean? Is capitalism sustainable, ecologically or socially? Is progress real, and, if it is, can it also go backward? This seminar examines this issue through an historical examination of these four ideas. We will focus on competing understandings of the relationship between the political order (today widely assumed to be democratic in some form if it is to be legitimate) and the economic order (today widely assumed to be a version of free-market capitalism). Throughout, we will consider how conceptions of progress and equality provide essential support for versions of these accounts of the relationship between economics and politics. This is a year long course.

      394B

      Past and Future of Capitalist Democracy 3
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      1. Fall 17
      2. Spring 18

      Democracy, equality, capitalism, and progress are framing ideas so fundamental today, yet all four are coming under various kinds of pressure. Does democracy work? What does equality mean? Is capitalism sustainable, ecologically or socially? Is progress real, and, if it is, can it also go backward? This seminar examines this issue through an historical examination of these four ideas. We will focus on competing understandings of the relationship between the political order (today widely assumed to be democratic in some form if it is to be legitimate) and the economic order (today widely assumed to be a version of free-market capitalism). Throughout, we will consider how conceptions of progress and equality provide essential support for versions of these accounts of the relationship between economics and politics. This is a year long course.

      402

      HIV / AIDS Policy Clinic 3
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Spring 17
      2. Fall 17
      3. Spring 18
      4. Fall 18
      5. Spring 19
      • Reflection Papers
      • Final paper (10+ pages in length)
      • Group project
      • Class participation

      Students in this clinic will focus on policy work rather than direct client representation. Students will work on policy initiatives aimed at increasing access to quality, comprehensive health care for low-income individuals living with chronic illnesses like HIV/AIDS. The policy work will focus on barriers to access to care and prevention, including implementation of health care reform in North Carolina, funding disparities throughout the Southern US, HIV-related stigma, criminalization of HIV, and access to HIV medications.. Students will work to inform policy recommendations and advocacy strategies at the national, regional, state and county levels in executive, legislative and regulatory arenas. Over the course of a semester, students can expect to accumulate a wealth of hands-on experience in current and emerging health policy issues on the state and federal level. Students will conduct legal and fact-based research to inform policy recommendations, produce in-depth reports, comment letters, presentations to policy makers, and draft legislation or regulatory guidance. Each student will focus on particular policy project(s) and will be required to spend a minimum of 100 hours on their clinic project(s). We will have regular group meetings with students and clinic faculty throughout the semester.

      Clinics Enrollment Policy

      IMPORTANT:
      Instructor permission is required for enrollment in the AIDS Policy Clinic. This course may not be dropped after the first class meeting.

      Instructor Permission Required for Enrollment
      To enroll in the Clinic, you must have successfully completed at least two semesters of Law School and have instructor permission. It is helpful to have had experience working on HIV/AIDS or other health health policy or related issues, or to have taken AIDS and the Law and/or the AIDS Legal Assistance Project.

      404

      Advanced HIV/AIDS Policy Clinic
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Spring 18
      2. Spring 19
      • Reflection Papers
      • Final paper (10+ pages in length)
      • Group project
      • Class participation

      This clinic provides an opportunity for students who want to do advanced work after completing the HIV/AIDS Policy Clinic. Variable Credit.

      405

      Appellate Practice 3
      • JD - general credits
      • JD - experiential learning
      • Public Interest Certificate: General Elective
      1. Fall 16
      2. Fall 17
      3. Spring 18
      4. Fall 18
      • Final paper (10+ pages in length)
      • Oral presentation
      • Class participation

      The course introduces students to the practice of appellate advocacy and the appellate process. Students learn about the rules of appellate procedure and strategies for effective appellate advocacy while refining their legal writing and oral advocacy skills. The central project entails researching and writing an appellate brief (for appellants, an opening and a reply brief) and presenting an oral argument. The entire class will be assigned the same case. Half the class will be assigned to represent the appellant and the other half will be assigned to represent the appellee. Each student will be paired against a student from the opposing side for purposes of briefing and oral argument, so that each student can file a responsive brief and deliver a responsive oral argument. The briefs are reviewed and scored by appellate judges, who then preside over and score the orgal arguments (each student's brief and argument will be presented to one judge; at the conclusion of each oral argument, each student who participated in that argument will meet one-on-one with the reviewing judge).

      The problem assigned in the course will be the same on used in the Dean's Cup competition. But Appellate Practice is not a prerequisite for participating in the competition. Students who cannot take the course are eligible for the Dean's Cup and are encouraged to participate.

      Please note: This course is offered only in the fall.

       

      407

      Appellate Litigation Clinic (Fall) 3
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Fall 16
      2. Fall 18
      • Reflection Papers
      • Final paper (10+ pages in length)
      • Group project
      • Class participation

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

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

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

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

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

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

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

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

      408

      Appellate Litigation Clinic (Spring) 2
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Spring 19
      • Reflection Papers
      • Final paper (10+ pages in length)
      • Group project
      • Class participation

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

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

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

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

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

      437

      International Human Rights Clinic 5
      • JD - general credits
      • JD - experiential learning
      • LLM-ICL - general credits
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Reflection Papers
      • Final paper (10+ pages in length)
      • Group project
      • Class participation

      The International Human Rights Clinic provides students with an opportunity to critically engage with human rights issues, strategies, tactics, institutions, and law in both domestic and international settings. Through the weekly seminar and fieldwork, students will develop practical tools for human rights advocacy—such as fact-finding, litigation, indicators, reporting, and messaging—that integrate inter-disciplinary methods and maximize the use of new technologies. Students will also develop core competencies related to managing trauma in human rights work, as well as the ethical and accountability challenges in human rights lawyering. Types of clinic projects include those that: apply a human rights framework to domestic issues; involve human rights advocacy abroad; engage with international institutions to advance human rights; and/or address human rights in U.S. foreign policy. Students work closely with local organizations, international NGOs, and U.N. human rights experts and bodies. Some travel will likely be involved. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects approximately 10-12 hours a week, for a minimum of 125 hours of clinical work during the semester.  This course may not be dropped after the first class meeting.

      443

      Environmental Law and Policy Clinic 4
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • International LLM, Environmental Law Certificate
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Group project
      • Practical exercises
      • Live-client representation and case management
      • Class participation

      Under the supervision of the clinical faculty, students will work on current case and policy advocacy priorities as determined by the Clinic's Intake Board. Cases and issues undertaken by the Clinic may include the following subject areas: water quality, air quality, natural resources conservation, endangered species, agriculture, sustainable development, public trust resources and environmental justice. Practical skills training will emphasize skills needed to counsel clients, examine witnesses and to advocate effectively in rulemaking and litigation settings. Generally, students may only enroll in the clinic for 1 semester, but may enroll for 2 semesters with the permission of the instructor if space permits. All enrolled students will be required to provide a minimum of 100 hours of work per semester to the clinic. In addition, students must participate in weekly group training meetings as well. The clinic office is located in the law school building. Law students must be in at least their fourth semester of law school to enroll in the clinic. Nicholas School students must be in at least their second semester.

      Clinics Enrollment Policy

      Important:

      • This course may not be dropped after the first class meeting.
      • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
      • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

      Ethics Requirement

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

      443A

      Advanced Environmental Law and Policy
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Group project
      • Practical exercises
      • Live-client representation and case management
      • Class participation

      This variable-credit course is available to students who have participated in one semester in the Environmental Law and Policy Clinic, and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing at least 100 hours of client representation work (or more, depending on credit hours), but will not be required to attend the class sessions.

      448

      Guantanamo Defense Clinic 4
      • JD - general credits
      • JD - experiential learning
      • LLM-ICL - general credits
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
        • Oral presentation
        • Practical exercises
        • Final research paper (25+ pages in length)
        • Class participation

        Students in the Guantánamo Defense Clinic will assist in the defense of Khalid Shaikh Mohammad, the named defendant in the "9/11 case" before the military commissions at Guantanamo Bay. Clinic students will work with clinic professors and defense counsel to analyze legal issues posed by the case, construct case theories and strategies, and prepare court filings and arguments.


        "Standdown"—a two-day intensive training seminar—will be held over a weekend at the beginning of the semester.  Students should check the Academic Calendar to confirm the Standdown dates.


        The class will meet, thereafter, during its weekly class period (Thursdays, 10:30am-12:20pm), with additional team meetings scheduled as required.


        The course requires a minimum of 100 hours of work, apart from the scheduled training seminar and class meetings.


        Clinic Contact Information:
        Phone: 919.613.7049
        Fax: 919.613.7231

        448B

        Advanced Guantanamo Defense Clinic 2
        • JD - general credits
        • JD - experiential learning
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
          • Final research paper (25+ pages in length)
          • Oral presentation
          • Practical exercises
          • Class participation
          Course requirements: Each student will perform a minimum of 50 hours of clinic work.

          Prerequisite: Guantanamo Defense Clinic.

          461

          Health Policy Practicum 3
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective
          In this policy practicum, students will identify specific health policy reforms and will engage in research and advocacy designed to advance those reforms. Specific focus will be on reforms that reduce the costs of healthcare delivery, expand consumer choice, and enhance provider competition.

          Grade Basis: Graded

          470

          Poverty Law 3
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective
          1. Spring 17
          2. Spring 18
          3. Spring 19
          • Final Exam

          This course provides an introduction to the relationship between law and poverty, including the relevance of legal doctrine, policy and practice to the significant inequality in income, assets and basic social goods impacting tens of millions of people in the United States.

          We will begin by considering historical and contemporary trends in domestic poverty, U.S. social welfare policy, the legal framework under which poverty-related claims have been adjudicated, and the role of lawyers in combatting poverty.

          Grounded in poverty data, policy arguments, legal doctrine and practice, we will explore modern government anti-poverty programs and issues such as welfare, work, housing, health, education and criminalization.

          We will conclude by considering non-governmental approaches to combating poverty, including market-based solutions and international human rights, with an emphasis on the role of law, lawyers and legal institutions in such efforts.

          Drawing on the rich expertise of those in Durham and beyond, we will occasionally be joined by guest speakers. The primary textbook for the course is Poverty Law, Policy and Practice (Aspen/Wolters Kluwer, 2014).

          471

          Science Regulation Lab 2
          • JD - general credits
          • JD - experiential learning
          • International LLM/Exchange/SJD - general credits
          • International LLM, Environmental Law Certificate
          1. Spring 17
          2. Spring 18
          3. Spring 19

          SciReg Lab teaches students about the use of emerging science and technology in the regulatory agencies and courts through the drafting and submission of comments to federal rule-makings and amicus briefs. The briefs and comments will be unaligned with any party and are intended to provide the regulatory agencies and courts with unbiased, current, accurate and coherent information about the science underlying the proposed rule or pending case. The course is cross-listed in the Law School and Graduate School and the students will be drawn from the sciences, ethics, policy and law to work in interdisciplinary teams. The course will begin with a brief overview of notice-and-comment rulemaking, appellate court practice and the role of amicus briefs, and how to translate scientific information into the language of courts and agencies. The ethical issues presented by this process will be an important component of the course content. With the assistance of faculty, the students will track pending rulemakings and court cases and select a proceeding or case in which to file a comment or brief. A background in science is recommended, but not required.

          473

          Scholarly Writing Workshop 3
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          1. Fall 16
          2. Spring 17
          3. Fall 17
          4. Spring 18
          5. Fall 18
          6. Spring 19
          • Final research paper (25+ pages in length)
          • Class participation
          • Other

          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 substanial 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.

          Students may opt to complete the workshop on a credit/no credit or graded basis. As a result, in appropriate cases, the course will be exempt from the mandatory median requirement of Rule 3-1. Nevertheless, the expectation is that work produced in the workshop will be very strong.

          475B

          Wealth and Poverty Lab 2
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • JD - general credits
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective

            This spring-semester Lab is open only to students who (1) were enrolled in the fall-semester Lab and (2) have the permission of the instructors prior to spring registration. The Lab will provide students the opportunity to develop and enact specific legal and/or policy proposals to address issues highlighted in the fall-semester Lab. This Lab is a 2-credit, fast-track course will meet for the first 8 weeks of the spring semester, though work on policy proposals will likely last throughout the semester.  Students should expect to develop proposals in accordance with several interim deadlines and to meet with faculty frequently to review their progress. It is expected that students may elect for their projects to satisfy the law school’s upper-level writing requirement.

            493

            Wrongful Convictions Clinic 4
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            • Public Interest Certificate: Experiential Requirement
            1. Fall 16
            2. Spring 17
            3. Fall 17
            4. Spring 18
            5. Fall 18
            6. Spring 19
            • Practical exercises
            • In-class exercise
            • Live-client representation and case management
            • Class participation

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

            494

            Advanced Wrongful Convictions Clinic
            • JD - general credits
            • JD - experiential learning
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Fall 16
            2. Spring 17
            3. Fall 17
            4. Spring 18
            5. Fall 18
            6. Spring 19
            • Group project
            • Practical exercises
            • Live-client representation and case management
            • Class participation

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

             

            504

            Critical Race Theory 2
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Spring 18
            2. Spring 19
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Oral presentation
            • Class participation

            Critical race theory (CRT), a scholarly movement that began in the 1980s, challenges both the substance and style of conventional legal scholarship.  Substantively, critical race scholars (“race crits”) reject formal equality, individual rights, and color-blind approaches to solving legal problems.  Stylistically, race crits often employ new methodologies for legal scholarship, including storytelling and narrative.  This course introduces CRT’s core principles and explores its possibilities and limitations.  With a heavy focus on writings that shaped the movement, the course will examine the following concepts and theories: storytelling, interest convergence theory, the social construction of race, the black-white paradigm, the myth of the model minority, intersectionality, essentialism, working identity, covering, whiteness and white privilege, colorblindness, microaggressions, and implicit bias.  Students will apply these theories and frameworks to cases and topics dealing with, among other things, first amendment freedoms, affirmative action, employment discrimination, and criminal disparities and inequities.  The course affords students an opportunity to think about the ways in which racism, sexism, classism, and heterosexism are inextricably interwoven as well as an opportunity to challenge critically our most basic assumptions about race, law, and justice.

            508

            Chinese Law and Society 2
            • JD - general credits
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • LLM-ICL - general credits
            • International LLM/Exchange/SJD - general credits

            This course will survey law and legal practice in the People's Republic of China. Particular attention is given to the interaction of legal institutions with social change, politics, and economic development. Specific topics include, among others, the Party State, state capitalism, the judiciary, property law and development, criminal law and procedure, media (especially the internet), business and investment law, labor law, and major schools of Chinese legal and political thought. Some class discussions will involve interaction with students or faculty from the PRC. Prior familiarity with Chinese history or politics is unnecessary. All course materials will be in English.


            Course requirements include regular participation in class discussion, one or two reading reports, and a final research paper. This paper will satisfy the LLM writing requirement, and, with permission, can be used for the JD writing requirement as well.

            512

            Medicine and Law 2
            • JD - general credits
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
              This 2-credit seminar considers the application of law to medicine and the tensions that arise as a result, both in practice and as these tensions implicate differences between medical ethics and legal norms. The topics covered will include the history and modern status of medical ethics rules and the institutions that govern and operationalize them; medical privacy in the HIPAA context; clinical research and the consent process; the (medical malpractice) standard of care and medical errors; scarce resources including medicines and organs; infectious disease (e.g., Ebola) protocols; living wills and medical powers of attorney; the concept of medical "futility"; and choosing and defining death.

              Grades will be based on class preparedness and participation including one-page reflection papers due before most class sessions, and a final research paper. In total, students will turn in ten reflection papers, i.e., one for each of ten of the thirteen class sessions. Final papers for those not taking the class for writing credit must be 20-25 pages in length. Final papers for those taking the class for writing credit must be between 25 and 30 pages in length and must otherwise comply with the requirements for obtaining such credit.

              It is recommended that students take this course in conjunction with Law 524, Health and Medical Research for Lawyers, a one-credit advanced research seminar which emphasizes the topics covered in this course, i.e., in Law 512.

              516

              Democracy and the Rule of Law 2
              • JD - general credits
              • LLM-ICL - general credits
              • International LLM/Exchange/SJD - general credits
              • Public Interest Certificate: General Elective
              1. Spring 17
              • Final paper (10+ pages in length)
              • Reflection Papers
              • Class participation

              This 2-credit seminar co-taught by Jack Knight and Mat McCubbins will provide an overview of the normative and positive issues associated with modern democracies and their legal systems. Students will explore questions related to the debate over what are the fundamental components of democracy and the rule of law. These questions include: does democracy require elections? Do elections need to be free, fair and frequent? Are there unalienable rights, protecting personal and civic freedoms, that are essential for a democratic system of government? How does one define the rule of law? Is the rule of law a necessary condition for democracy? Grades will be based on attendance and participation (20%), six 3-page papers due roughly every other week (60%), and one 8-page final paper due at the middle of finals week (20%). (Six 1-page papers (20%) and a 20-page paper (60%) can serve as an alternative.)

              521

              Culture of American Law 2
              • JD - general credits
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • International LLM/Exchange/SJD - general credits
                • Reflection Papers
                • Final paper (10+ pages in length)
                American law can be viewed usefully from a variety of perspectives. In law school, we usually approach the law as a set of political norms that are articulated and enforced through formal legal institutions, or as the activities of professionals working within those institutions. Law is also a mindset, a shared ''culture'' of ideas, attitudes, memories, and myths that shape the lives and work of legal professionals as well as the broader society. In this course we will read critically writings on the law that have shaped or reflect the present nature of that legal culture. Our goal will be to understand more fully the nature of the law as practice and vocation through these writings.

                528

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

                536

                The Presidency and Criminal Investigations 1
                • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
                • JD - general credits
                • Public Interest Certificate: General Elective
                1. Spring 18
                • Reflection Papers
                • Final paper (10+ pages in length)
                • Class participation

                Recent developments have brought to the fore a collection of legal issues, some novel and others dormant for many years, relating to the interaction of the criminal investigative process with the White House and the presidency.  The seminar will discuss the legal boundaries around the criminal justice process’s interaction with the White House, while exploring larger themes about the office of the presidency and the constitutional structure of the national government.  The course will be structured around six relatively stand-alone topics:  (1) Independent and special counsels and their interaction with congressional investigations; (2) The grand jury, immunity, the Fifth Amendment privilege, and perjury/obstruction of justice, as they relate to White House investigations; (3) Representing the president:  attorney-client privilege, the White House counsel, and the private defense bar; (4) Executive privilege and potential executive immunity from indictment, trial, conviction and/or sentence; (5) The pardon power; and (6) The law of impeachment.
                Students will be expected to lead one class meeting discussion during the semester, and a total of 15 pages of writing will be required. Students may elect to write four response papers of approximately four pages each, or one longer paper at the end of the semester of at least 15 pages.  Students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit, and this research project may be used to satisfy the upper-level writing requirement.

                536W

                The Presidency and Criminal Investigations, Writing 1
                • JD - Substantial Research and Writing Project requirement (SRWP)
                • JD - general credits
                • Public Interest Certificate: General Elective
                1. Spring 18
                • Final research paper (25+ pages in length)

                While enrolled in LAW 536 The Presidency and Criminal Investigations, students may submit a significant research paper and earn an additional one credit for the course. 

                537

                International Human Rights Advocacy Seminar 2
                • JD - Substantial Research and Writing Project requirement (SRWP)
                • JD - general credits
                • LLM-ICL - general credits
                • International LLM/Exchange/SJD - general credits
                • Public Interest Certificate: General Elective
                1. Fall 16
                2. Fall 17
                3. Fall 18

                This course critically assesses the field of international human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set; 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.  Drawing on case studies within the United States and abroad, the course will also examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the opportunities and challenges of new technologies in human rights advocacy. 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.

                541

                Nonprofit Organizations 3
                • JD - general credits
                • JD-LLM-LE - general credits
                • International LLM/Exchange/SJD - general credits
                • International LLM, Business Law Certificate
                • Public Interest Certificate: General Elective
                1. Fall 16
                2. Fall 17
                3. Fall 18
                • Final Exam

                The subject of the course is the diverse sector of the economy composed of nonprofit organizations. The topics to be covered include their economic function, governance issues, the tax laws covering them, abuses of their special status, and policy issues regarding them.

                545

                Urban Legal History 3
                • JD - Substantial Research and Writing Project requirement (SRWP)
                • JD - general credits
                • International LLM/Exchange/SJD - general credits
                1. Fall 17
                • Final research paper (25+ pages in length)
                • Class participation

                Urban Legal History is a research seminar which will focus on the legal issues relating to Durham's political, social, and economic development. The class will involve intensive study of primary and secondary materials, and will require students to produce substantial (45 page) research papers.

                546

                International Law of Armed Conflict 3
                • JD - Substantial Research and Writing Project requirement (SRWP)
                • JD - Substantial Research and Writing Project requirement (SRWP), option
                • JD - general credits
                • LLM-ICL - general credits
                • International LLM/Exchange/SJD - general credits
                • Public Interest Certificate: General Elective
                1. Spring 17
                2. Spring 18
                3. Spring 19
                • Reflection Papers
                • Final research paper (25+ pages in length), option
                • Final paper (10+ pages in length)
                • Oral presentation
                • Class participation

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

                547

                Criminal Justice Policy: Crime, Politics, and the Media 2
                • JD - general credits
                • International LLM/Exchange/SJD - general credits
                • Public Interest Certificate: General Elective
                1. Fall 16
                2. Spring 19
                • Reflection Papers
                • Group project
                • Class participation

                This course will focus on various changes in criminal justice policy that occurred in during the last four decades (e.g., changes in sentencing law and policy, increased incarceration rates, and the "war on drugs") and will explore some of the factors that brought about those changes. To what degree were these changes responses to changes in the rates and types of crimes experienced in the U.S.? To what degree were these changes prompted by political campaigns and strategies, or by a media-induced sense of crisis? What factors determine how the media covers crime and criminal justice? And how does media coverage affect public opinion? How do the U.S. politics of crime vary from that of other countries? Readings will include legal materials that will probe and analyze statutory and administrative changes, as well as interdisciplinary readings.

                551

                NC Civil Justice Reform 2
                • JD - general credits
                • Public Interest Certificate: General Elective

                  This is a two-credit research tutorial with a heavy emphasis on collaboration.  The course is designed to introduce students to the North Carolina Civil Justice System, teach them to identify inefficiencies and inequalities within that system, and generate proposals for reform.  Although general areas of focus will be set by the Civil Justice Section of the Commission, the specific research objectives, investigatory tools, data compilation, and presentations will be performed by the students.  In collaboration with Dean Levi and Professor Miller, students will set fact-finding priorities, conduct research on civil justice topics in North Carolina, evaluate programs in comparator jurisdictions, draft reports, and prepare presentations for classroom use and for the Civil Justice Section members.  The goal is for the students to produce a substantial, detailed, documented set of written proposals that will be included in the final report of the Commission in early 2017 and will shape the civil justice system in North Carolina going forward.  We plan to have class sessions approximately every other week.   During these class sessions, tutorial participants will coordinate research and drafting tasks and give reports of their findings.  It is expected that during the days we do not have class, the students will be conducting research.

                  552

                  Law and Economics of Chinese Capitalism 2
                  • JD - general credits
                  • LLM-ICL - general credits
                  • International LLM/Exchange/SJD - general credits
                  • Public Interest Certificate: General Elective
                  1. Spring 19
                  • Reflection Papers
                  • Final paper (10+ pages in length)
                  • Group project
                  • Class participation

                  China’s transformation from a planned economy to the most capitalist country in the world, despite the absence of a well-functioning legal system, at least from the western perspective, raises numerous questions. This seminar endeavors to understand Chinese capitalism from the law and economics perspective. What is the constitutional and private legal foundation of Chinese capitalism? What is the role of law in Chinese society and business? What roles has law played in the different stages of China’s market transition and different sectors of Chinese economy?  

                  This course takes an integrative, evolutionary, and comparative approach. Firstly, it integrates studies of black-letter law with observations of Chinese society. In particular, it explores whether and how black-letter law is implemented in reality through a series of case studies in property, corporate governance, constitutional review, etc. Secondly, it investigates the evolution of Chinese law to deepen our understanding on Chinese law and also shed light on its future direction in a rapidly shifting environment. Thirdly, it takes China as a comparative case study to enhance our understanding of law and market institutions.

                  556

                  Second Amendment: History, Theory, and Practice 2
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  • Public Interest Certificate: General Elective
                  1. Spring 19

                  The Supreme Court's decisions in District of Columbia v. Heller and McDonald v. City of Chicago have ushered in a whole new era of Second Amendment theory, litigation, and politics. Current events keep issues of firearms, gun violence, gun safety, and self-defense constantly in the news. This seminar will explore the Second Amendment and the various state constitutional analogs historically, theoretically, and pragmatically. Students will be introduced to the historical and public policy materials surrounding the Second Amendment, the regulatory environment concerning firearms, and the political and legal issues pertaining to firearm rights-enforcement and policy design. Evaluation for the seminar will be based on eight short reaction papers and in-class participation.

                  558

                  Foreign Anti-Bribery Law 2
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  1. Fall 18
                  • Reflection Papers
                  • Final paper (10+ pages in length)
                  • Oral presentation
                  • Class participation

                  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 one or two credit independent study.  A final paper cannot replace the critique papers.

                  NOTE: An additional 1-2 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. *LAW 558W MUST be added no later than 7th week of class.*

                  558W

                  Foreign Anti-Bribery Writing Credit 1
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • JD - general credits
                  • LLM-ICL - writing requirement
                  1. Fall 18
                  • Add on credit

                  While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 1-2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. *LAW 558W MUST be added no later than 7th week of class.*

                  561

                  Tax Policy 3
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  1. Spring 17
                  2. Spring 18
                  3. Spring 19

                  This three-credit seminar will feature weekly presentations (eleven in total) of works-in-progress on a wide range of tax policy topics, by leading tax academics from law schools around the country. The seminar will meet twice each week--first to discuss the paper prior to the arrival of its author, and a second time to discuss the paper with the author. Students will write a reaction paper (of approximately three pages) for each work-in-progress. Grades will be based on the reaction papers and on contributions to the seminar discussions.

                  565

                  Law & Markets Colloquium 2
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                    • Reflection Papers
                    • Class participation

                    This seminar is a component of the Duke Project on Law and Markets. The Law and Markets project seeks to engage foundational questions concerning the intersection of law and markets. For example, what are (or should be) the limits of markets? To what extent, and how, should the legal system address market-driven inequalities in income, wealth, or access to goods and services (such as health care and education, among others)? When does the law substitute for or correct imperfect markets? Correspondingly, when can market forces compensate for an absence of effective legal rules or remedies? And what are the conditions under which market enforcement and legal enforcement act as complements, rather than substitutes?

                    The Law and Markets Project will explore these and other questions, with the hope that a broad consideration of these topics yields insights about the relationship between law and the marketplace. Class meetings will include both discussion sessions, in which the class engages relevant background reading, and workshop sessions, in which speakers present papers or discuss a body of work related to law and markets.

                    The seminar will meet six times each semester and students must enroll for both semesters. Grading will be based on a combination of the quality of reaction papers responsive to class readings and participation in class discussions.

                    566A

                    Corporation and International Law: Past, Present, and Future 3
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • JD - Substantial Research and Writing Project requirement (SRWP), option
                    • JD - general credits
                    • LLM-ICL - general credits
                    • LLM-ICL - required courses
                    • LLM-ICL - writing requirement
                    • International LLM/Exchange/SJD - general credits
                    • International LLM, Business Law Certificate
                    1. Fall 17
                    • Reflection Papers
                    • Final paper (10+ pages in length)
                    • Class participation

                    From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

                    A limited number of JD students may be permitted to use their paper to satisfy the JD upper-level writing requirement with prior approval of Professor Brewster.

                    566B

                    Corporation and International Law 3
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • JD - general credits
                    • LLM-ICL - general credits
                    • LLM-ICL - required courses
                    • LLM-ICL - writing requirement
                    • International LLM/Exchange/SJD - general credits
                    • International LLM, Business Law Certificate
                    1. Spring 18
                    • Reflection Papers
                    • Final paper (10+ pages in length)
                    • Class participation

                    From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

                    567

                    Law, Economics & Politics: Seminar 2
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    1. Fall 16
                    2. Spring 18
                    • Reflection Papers
                    • Class participation

                    This iteration of the Law, Economics and Politics seminar will focus primarily on the economics, law and politics of contracting (broadly defined).  Every week, the class will discuss a different research paper on the topic.  Most weeks, one of the authors of those papers will join us for the discussion.  Active participation in the discussions and engagement with the substance of the papers is a requirement (there will also be weekly writing requirements). Some of the guests who are scheduled to visit in the Fall 2018 semester include John Coyle (UNC), Anusha Chari (UNC), Glen Weyl (Yale), Benjamin Edelman (Harvard), and Alon Brav (Duke).  The instructors for this seminar are Mitu Gulati (Duke Law) and Tracy Lewis (Duke Econ/Business).

                    Every week, students will be asked to do reaction papers to presentations by guest speakers.  These guests are a set of scholars who are doing some of the most current research on the above-mentioned topics.

                    The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will not be a final exam or final paper.

                     

                    568

                    Colloquium: Judicial Process 2
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • Public Interest Certificate: General Elective
                    1. Spring 18
                    • Reflection Papers
                    • Class participation

                    This course will be devoted to exploring cutting-edge issues related to how U.S. courts operate, and how judges reach the decisions that resolve individual disputes and shape our law.  We expect to cover such topics as the role that personal characteristics (including race, gender, and ideology) play in judicial decisionmaking, collegial interactions among judges on multimember courts, interactions among courts at different levels of the judicial hierarchy, mechanisms for judicial selection and retention, and the relationship between the judiciary and other branches of government. 

                    We will explore these and related topics by reading works in progress by experts in the field, who will join us in class for discussion.  Most classes will follow the format of a faculty workshop rather than a conventional seminar.  The authors will present their work, and we will then have extensive Q&A.  We expect that the articles will cover a wide array of methodologies and subfields within law and social science—some will be squarely within the empirical literature on judicial decisionmaking, some will fit more neatly into federal courts literatures, and others will focus on institutional design or judicial administration.  The goals of the course include developing your expertise in how judges make their decisions and how courts function, as well as exposing you to the work of a wide range of scholars and methodologies.

                    569

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

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

                    571

                    The Changing Face of Marriage and Family: Pastoral and Legal Perspectives 2
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • Public Interest Certificate: General Elective
                    • Reflection Papers
                    • Class participation

                    This seminar examines areas in which religion and law intersect in family life. Students will explore the guidelines and doctrine governing religious and legal professionals when counseling individuals on family issues. Seminar discussions will focus on interdisciplinary readings, as well as exercises in skills relating to listening, counseling, mediation, and collaboration. Grading will be based on 4-6 written assignments totaling 25-30 pages relating to class exercises or readings, and on participation in class discussion and exercises. There is no exam. The seminar fulfills the J.D. Professional Skills requirement.

                    574

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

                    This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what is sometimes called “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in public life. The criminal justice system is both a natural habitat for dishonesty and the place where achieving accuracy is most important. Accordingly, we will use the context of investigations and trials to explore some larger themes about establishing factual baselines despite intense conflict. Topics will include liability for dishonest statements in investigations and testimony, interrogation practices, the problem of false confessions, incentivized witnesses, character and credibility, cross examination, storytelling at trial, and lie detection in the laboratory, courtroom, and popular culture. Readings will be posted on line and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

                    574W

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

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

                    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 - Substantial Research and Writing Project requirement (SRWP)
                      • JD - general credits
                        • 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.*

                        580

                        Law & Economics Colloquium 2
                        • JD - general credits
                        • LLM-LE (1 year) - general credits
                        • International LLM/Exchange/SJD - general credits
                        • International LLM, Business Law Certificate
                        1. Spring 19
                        • Reflection Papers
                        • Class participation

                        This research seminar will involve discussing some of the latest research at the intersection of the fields of law and economics. The research papers will deal with a wide variety of topics, depending on the speaker’s interests, such as the law and economics of contract law, corporate law, intellectual property, tax, constitutional law, or legislation. We will invite speakers who are doing some of the most cutting-edge interdisciplinary work in law to present their ongoing work to the seminar. Students will be asked to prepare, in advance, short reaction papers to the speakers’ work. The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will be one class meeting each week.

                        582

                        National Security Law 3
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • JD - general credits
                        • LLM-ICL - general credits
                        • International LLM/Exchange/SJD - general credits
                        • Public Interest Certificate: General Elective
                        1. Fall 16
                        2. Fall 17
                        3. Fall 18
                        • Final research paper (25+ pages in length)
                        • Oral presentation
                        • Class participation

                        This fall-only course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture for its security enterprise.  The class will also examine related issues that arise "in the news."  It is aimed not only at students considering a career in government or the military, but also for those headed to private practice who appreciate that the U.S.’s $719 billion defense budget, along with $1.7 trillion in defense outlays worldwide impacts virtually all potential clients.

                        The course analyzes the Constitutional structure governing national security matters, and the role played by the three branches of government (with special emphasis on Presidential power).  It will also examine governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues related to national security.  In addition, domestic security issues (to include the domestic use of the armed forces), security-based travel restrictions, the role of the Centers for Disease Control, the military justice system, civil-military relations, and the impact of national security issues on business transactions will be reviewed.

                        There is no examination for this course, but a 30-page research paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require short, written products.

                         

                        585

                        Philanthropy, Voluntarism and Not-For-Profit Law and Management 3
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        • Public Interest Certificate: General Elective
                        1. Spring 17
                        2. Spring 18
                        3. Spring 19

                        The scope of this seminar is as broad as the idea of the voluntary society itself, with particular attention to the American version thereof. The central question is the extent to which, and how, a large number of people of varying ethnic, racial, religious, and cultural backgrounds, living together in a country, state or city, organized into representative governments, should - can - rely on voluntary action by willing citizens to fulfill both their own individual needs and the needs of the respective communities in which they live. To explore that question requires us to examine alternative allocations of responsibility for solving particular problems - voluntary, not-for-profit, for-profit, joint public/private, publicly encouraged/subsidized, and publicly coerced - along with examples, reasons, and theories for particular forms of organization. We will need to probe what it is that motivates donors and volunteers to give money and time, and to assess not only their effectiveness in solving problems but also the comparative praiseworthiness of their respective motives. Charitable and corporate foundations, as well as the tax-exempt organizations to which they and other donors contribute, are part of the inquiry, especially as to their goals, decision rules, governance, and public accountability. We will try to compare the experience of other countries with that of the U.S. in these regards, and we will continuously examine the framework of public policy that embodies public judgments about the desirability of allocating some part of the burden of social problem-solving to voluntary organizations alone or in partnership with public organizations, as well as the tax policies that are crafted to facilitate such problem-solving policies. Cross-listed with PPS280S.

                        587

                        Race and the Law 2
                        • JD - general credits
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • International LLM/Exchange/SJD - general credits
                        • Public Interest Certificate: General Elective
                        1. Spring 17
                        • Final research paper (25+ pages in length)

                        Are we a post-racial society? Is English-only the way to go? Is there a model minority? Are Native American children better off with Native American parents? Should affirmative action be abolished? Are all women white and all blacks men? Was Brown right? This seminar will explore the historical and contemporary treatment of race in the United States by both the courts and the legislature. The seminar will employ an interdisciplinary approach to examining the social and political forces that have and continue to contribute to the development of legal doctrine in the areas of education, employment, health care, interracial sex and marriage, and public accommodations, among other things. Throughout, the seminar will explore the definition of race, the intersection of race and gender, the interplay of race and class, the juxtaposition of various racial groups, and the utility of a biracial dichotomy in a multiracial and multiethnic society. Materials will include cases, films, law review articles, excerpts from books, and other nonlegal materials. The seminar will examine race from a multiracial, multiethnic perspective. Participation from a diverse group of students is encouraged. A paper will be required.

                        593

                        Sexuality and the Law 2
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        • Public Interest Certificate: General Elective
                        1. Fall 16
                        2. Spring 18
                        3. Spring 19
                        • Final paper (10+ pages in length)
                        • Midterm
                        • Class participation

                        Issues in the legal regulation of sexuality are among the most contested in US law today.  Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) whether the gender identities of transgender persons are to be accepted in public facilities like restrooms, c) if and when women should have access to contraception or abortion, and d) whether LGBTQ persons can rely on constitutional and statutory provisions providing for equal protection or nondiscrimination when availing of government provided services or commercial services, are all questions which either have been litigated in US courts in recent years, or are currently being litigated.  Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases.  These areas of law include the jurisprudences of liberty, privacy, equal protection and the free exercise of religion, as well as issues concerning the extent of executive authority.  This course will explore these issues through an examination of recent US jurisprudence, as well as statutory law and regulatory actions, as they pertain to LGBTQ rights and women’s reproductive rights at both the state and national level.  While the primary focus will be on developments in the US, the treatment of similar issues in selected foreign jurisdictions will be introduced occasionally to present alternative approaches.

                        601

                        Duke Law in DC: Federal Policymaking 4
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Fall 16
                        2. Fall 17

                        This course is open to students participating in the Duke in DC integrated externship program (LAW 679: Duke Law in DC Externship). The Federal Policymaking course is a graded, 4-credit, weekly class that focuses on the federal policymaking process, with particular attention to the policy issues that are currently being debated in Congress and the executive branch. The course requires students to become conversant with current federal policy debates, and also with the forces that influence the behavior of institutional actors who ultimately decide whether and how these debates will be acted upon by the branches of the federal government. Students will develop critical analysis skills that are necessary to evaluate and affect the policymaking process at the federal level.  This course is open to second-and third-year law students, by permission only. For more information, please visit https://law.duke.edu/curriculum/dukedc/.

                        611

                        Readings 1
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        • International LLM, Business Law Certificate
                        • Public Interest Certificate: General Elective
                        1. Fall 16
                        2. Spring 17
                        3. Fall 17
                        4. Spring 18
                        5. Fall 18
                        6. Spring 19
                        • Reflection Papers
                        • Class participation

                        This discussion course focuses on readings that explore connections between the law, the practice of law, the legal system, and issues of current societal importance or interest. Each section of the course is expected to have a different specific focus and different readings.

                        Readings courses focused on public interest may count towards the Public Interest and Public Service Certificate.

                        616

                        Animal Law and Ethics Readings Seminar 1
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        • Public Interest Certificate: General Elective
                        This readings course will focus on legal, political, and ethical issues in animal advocacy. There are currently broad definitions of animal advocacy: for some, it is veganism or an abolitionist stand toward animal ownership; for others, it may mean loving their companion animals or working on a spay/neuter campaign. The goal of this class is to have lively and respectful debates about the legal, political, and ethical issues in animal advocacy, both in the United States and internationally. We will investigate these issues during the semester from the view of various stakeholders. Prior to each class, students will be responsible for submitting and posting a two page analysis of the assigned reading that will include at least two issues they would like to see addressed as part of class discussion.

                        618

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

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

                        619

                        Readings: Commercial Law and Society in Historical Perspective 1
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Spring 17

                        Fraud, mortgage crises, banking regulation, tax evasion – these are bywords of our time but, of course, such concepts and concerns have a long history. Many of the foundations of modern law regarding property and obligation were laid in English courts in the eighteenth century –a period of remarkable commercial expansion, imperial overreach, and stock market plunges. How did developments in legal procedure and doctrine shape the course of socio-economic change in the modern age? And what kinds of impacts did commercialization and colonization have on English law in an era of expanding empire?

                        Readings will explore such questions through study of the development of the Anglo-American law of contract, mortgage, bankruptcy and trust. We will also explore these questions through comparative readings in the law of other places (in Europe, or Asia for example) and other times. In examining some exemplary cases, novels and magazines, and works of historical analysis, we will consider the different social, political, economic and cultural contexts within which seminal legal changes occurred.

                        This readings course will meet for 10 sessions of 1 1/2 hours each. Specific meeting dates and times will be arranged in consultation with the students. Requirements include class participation and completion of five 2-page response papers. 1 credit (graded on a credit/no credit basis). No exam or final paper, however students may, if they wish, receive 2 credits upon successful completion of an additional 15-page paper. Variable Credit.

                        619W

                        Readings: Commercial Law and Society in Historical Perspective, Add-On Credit 1
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Spring 17
                        • Final paper (10+ pages in length)
                        • Add on credit

                        Students have the option to complete an additional 15-page paper in Law 619 Readings: Commercial Law and Society in Historical Perspective for an additional credit. *LAW 619W MUST be added no later than 7th week of class.*

                        677

                        Duke Law in DC: Rethinking Federal Regulation 4
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • JD - general credits
                        • Public Interest Certificate: General Elective
                        1. Spring 17
                        2. Spring 18
                        3. Fall 18

                        This course is open to students participating in the Duke in DC integrated externship program (LAW 679: Duke Law in DC Externship). The Rethinking Federal Regulation course is a graded 4-credit weekly class that focuses on trends in regulatory philosophy, competing models for regulation, the nature of administrative rulemaking and enforcement of rules and regulations, and some of the sources of regulatory dysfunction. Students will develop critical analysis skills that are necessary to evaluate federal regulatory law, and will produce a 30-page final paper for the course. This course is open to second and third year law students, by permission only. For more information, please visit https://law.duke.edu/curriculum/dukedc/.

                        679

                        Duke Law in DC Externship 9
                        • JD - general credits
                        • JD - experiential learning
                        • Public Interest Certificate: General Elective
                        • Public Interest Certificate: Experiential Requirement
                        1. Fall 16
                        2. Spring 17
                        3. Fall 17
                        4. Spring 18
                        5. Fall 18

                        This 9-credit externship is one of three components of the Duke Law in DC experience, which also includes a seminar course and a substantial research paper. With the support of the Externship Administrator, students seek and secure a full-time externship position with a non-profit or government agency or office in Washington, DC. Duke Law in DC externship students have the opportunity to gain substantial hands-on experience in order to advance their academic and professional development while working under the supervision of an attorney on high-quality real-life work assignments.

                        Under the Duke Law Externship Program, a student must complete 50 hours of externship per externship credit; Duke Law in DC requires 450 hours of externship to be completed between the first day of classes and the last day of exams each semester. Students are required to submit bi-weekly reflection papers and hours logs to the Externship Administrator and course professor. Students will be graded on a credit/no credit basis, based on successful completion of the required externship hours and diligent submission of reflection papers and hours logs.

                        The Duke Law in DC externship program is open to second- and third-year law students, by permission only.

                        Please follow this link for details and rules governing externships: http://law.duke.edu/about/community/rules/sec3#rule3-25

                        9 credits / credit-no credit grading basis

                        692

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

                        702

                        Alternative Dispute Resolution 3
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Fall 16
                        2. Fall 17
                        3. Fall 18
                        • Final Exam

                        This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR -all of which have gained wide-spread use as alternatives to traditional litigation. The survey encompasses three perspectives; the advocate's perspective in choosing the most appropriate ADR process in light of the different advantages and disadvantages of the various processes; the third-party neutral's perspective in facilitating or fashioning a just resolution of the parties' dispute; and the policy maker's perspective in utilizing ADR as a more efficient and cost effective substitute for traditional adjudication.

                        707

                        Statutory Interpretation Colloquium 2
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        • Final research paper (25+ pages in length)
                        • Reflection Papers

                        The objective of the course is to introduce students to important issues concerning the theory and doctrine of statutory interpretation through exposure to cutting-edge legal scholarship. The colloquium will feature bi-weekly presentations of works-in-progress by leading scholars of statutory interpretation, legislation, and administrative law. In the week preceding each presentation, students will read and discuss foundational materials (a mix of academic commentary and case law) on topics related to the work-in-progress.

                        Students may opt to prepare six short (5-10 page) papers in response to each work-in-progress, which would be due in advance of the presentation and used to stimulate discussion. Alternatively, students may write one longer research paper (roughly 30 pages) dealing with a topic of their choice related to the themes of the class. Students who take the latter option may use the colloquium to satisfy the upper-level writing requirement.

                        716

                        Information Privacy and Government Surveillance Law 3
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Spring 17
                        2. Spring 19
                        • Reflection Papers
                        • Final paper (10+ pages in length)
                        • Group project
                        • In-class exercise
                        • Class participation

                        The acquisition, management, analysis, dissemination, and security of personal information are increasing important issues for individuals, commercial enterprises and governments. New technologies create a more connected and personal digital society. Every day, transactions engaged in by individuals generate ever expanding amounts of personal information, including credit card transaction information, purchasing histories, bank and other financial transaction information, location information, health information, real property ownership information, information relating to interactions with the criminal justice system, information shared on social media and other types of information. Not only is the volume of personal information escalating rapidly; much of it resides on servers and storage media where it can be accessible or potentially accessible to commercial enterprises and government agencies. In both the commercial sector and the government sector, the legal and policy issues associated with personal information are growing in importance. Discussion of these issues in either sector cannot ignore the other, because the issues frequently intersect. They also transcend national boundaries. For example, in President Obama's proposals to revise government policy towards signals intelligence collection, he states that such policies implicate "the cooperation we receive from other nations on law enforcement, counterterrorism, and other issues; our commercial, economic, and financial interests, including a potential loss of international trust in U.S. firms and the decreased willingness of other nations to participate in international data sharing, privacy, and regulatory regimes ..." This intersection of issues creates particular challenges for existing constitutional, legislative and international governance models.

                        In the government sector, many of the most pressing problems relate to the national security state that has developed after the terrorist attacks on September 11, 2001. The crucial battleground for combating and preventing future terrorist attacks is the intelligence battleground. In the United States, as well as in other countries, efforts to acquire and properly analyze intelligence with respect to terrorists, their plans and their plots, have expanded dramatically. The tension between these efforts and individual privacy creates frictions that are forcing reconsideration of existing methods of mediating them. Similar reconsideration is occurring in the commercial sector, where consumers' desire for confidentiality in the data that relates to them can conflict with markets for information and commercial and entrepreneurial interests that wish to take advantage of such data to provide new goods and services that consumers value.

                        This course explores the legal and policy issues associated with concerns about information privacy, in the commercial and government sectors and in the intersection of these two sectors.
                        GRADING: 30% Class Participation, 30% Participation in a Class Debates and Debate Summaries, 40% 2 10-page response papers

                        717

                        Comparative Constitutional Design 2
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Spring 17
                        2. Spring 18
                        • Final research paper (25+ pages in length)

                        Recent constitutional reconstructions in various parts of the world have called new attention to the problems of institutional design of political systems. In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions?

                        In the first half of the course, we will review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world. We will then examine particular features of institutional design in depth. These will include judicial review, presidentialism vs. parliamentarism, federalism, and the relationship of the national legal system to international law.

                        718

                        Social Choice Theory: Cost-Benefit Analysis and Beyond 2
                        • JD - Substantial Research and Writing Project requirement (SRWP), option
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Spring 18
                        • Reflection Papers
                        • Final paper (10+ pages in length)
                        • Class participation

                        Social choice theory is the systematic study of how to combine individual preferences, or some other indicator of individual well-being, into a collective ranking. Although scholars have worried about this problem for centuries, most intellectual progress in social choice theory has occurred in the last century—with Arrow's stunning "impossibility theorem," and the development of the notion of the "social welfare function." This latter construct serves as the foundation for many disciplines within economics (such as optimal tax theory or the economics of climate change). It also provides a rigorous and comprehensive framework for thinking about cost-benefit analysis—currently the dominant policy tool in the U.S. government.

                        This course will provide an introduction to social choice theory, with a particular focus on the social welfare function and on cost-benefit analysis. In the course of addressing these topics, we will also spend substantial time discussing the philosophical literatures on well-being and on inequality. What is the connection between someone's well-being and her preferences, her happiness, or her realization of various "objective goods"? And—on any conception of well-being—how should we structure policy choice to take account of the distribution of individual welfare? Addressing these questions is essential for thinking clearly about collective choice and, in particular, social welfare functions and cost-benefit analysis.

                        My two books, Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis (Oxford University Press 2012), and Measuring Social Welfare: An Introduction (Oxford University Press, forthcoming) will serve as the main texts for the course, with additional readings from philosophy, economics, and law.  The course does not require advanced mathematics. However, students should not be "math phobic". The readings and our discussion will use some mathematical notation to communicate key ideas—as does, of course, any economics text on cost-benefit analysis--and students should not be afraid of seeing this notation. Students should also be prepared to engage in philosophical discussion.

                        The course will be taught as a 2-hour weekly seminar. Students will be asked to do the reading for each seminar; to write a short (1-2 page) reaction paper; and to participate in class discussion. Students will also write a 10-page final paper.  This final paper can either be (a) a critical discussion of one or more chapters from Well-Being and Fair Distribution or Measuring Social Welfare, or (b) a critical discussion of some other book or article relevant to the topics of the seminar.

                        A limited number of students will be permitted to expand this paper in substance and in length in order to meet the JD-ULWR.

                         

                        719

                        Rule of Law: Theory and Doctrine 2
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        1. Fall 17
                        • Short Research Assignments
                        • Class participation

                        Some believe that recent developments in U.S. politics threaten "the rule of law."  This seminar aims to gain a clearer theoretical understanding of the "rule of law" as well as the related concept of democratic governance; and to see how far the twin ideals can be protected in doctrines of US constitutional law. In the theory part, we read seminal works, including Hart's Concept of Law, Fuller's Morality of Law, and Ely's Democracy and Distrust. We then address the doctrine not by a comprehensive treatment, which would be impossible, but rather by a focused discussion of difficult areas - including nondelegation, gerrymandering, judicial independence, corruption, and executive power.

                        724

                        Intellectual Property, Public Domain, and Free Speech 3
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • JD - general credits
                        • International LLM/Exchange/SJD - general credits
                        • International LLM, Intellectual Property Certificate
                        • Final paper (10+ pages in length)
                        • Reflection Papers
                        • Class participation

                        This advanced seminar examines current debates concerning intellectual property, the public domain and free speech, focusing in particular on digital copyright. The goal is to look at issues of academic interest but also considerable practical importance surrounding a central question: how is the public interest defined and defended in formulating the balance between intellectual property and the public domain?

                        The class will begin by exploring tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the United States and European Union. The class will then cover case law and legislation in both the US and EU in two contentious areas of information regulation: database protection and digital copyright. The class will conclude with an examination of current cases, legislation, and debates, including the controversies surrounding peer-to-peer file sharing, user generated content, and video sharing sites such as YouTube.

                        Grades for the seminar will be based on class participation, Sakai postings, and a final paper.

                        727

                        Current Issues in Constitutional Interpretation 1
                        • JD - general credits
                        • Final paper (10+ pages in length)

                        This seminar will examine important constitutional issues that have arisen in recent Supreme Court cases and will use those cases as a vehicle for considering broader questions of constitutional interpretation and Supreme Court practice, such as theories of interpretation and the role of stare decisis. Among the issues that may be studied are the Second Amendment right to keep and bear arms, the Sixth Amendment rights to counsel and trial by jury, the Eighth Amendment right to be free of cruel and unusual punishment, and the right to petition for a writ of habeas corpus.

                        Enrollment for Current Issues in Constitutional Interpretation is limited to 15 students.  Only third-year students are eligible to apply for enrollment, as it is anticipated that students in their final year of law school will be best prepared to engage fully in the course.

                        This seminar is a one-credit fast-track course and will meet in Washington, DC, from Friday, March 8, through Thursday, March 14, 2019.  The Law School will help subsidize student travel to attend the course.  Students selected for the course are expected to attend every class session.

                        We anticipate the selection process will be completed before the end of the Spring drop/add period so that students will have ample time to finalize their Spring schedule.  The Registrar’s Office will manually enroll the selected students in Current Issues in Constitutional Interpretation.

                        To apply for enrollment, please provide the following:

                        • A copy of your academic record (an unofficial transcript is acceptable)
                        • A resume
                        • A statement, one page or less, double-spaced, indicating
                          • Why you are interested in taking Current Issues in Constitutional Interpretation
                          • How this course will fit into your career or other goals related to the law
                          • How your perspective may be a benefit to the course discussions
                        • The names of two faculty members to serve as references

                        Students selected for the course should expect to do a substantial amount of reading once the course materials become available.

                        Submit applications to Dean Barnes (barnes@law.duke.edu) via email by Friday, November 9, 2018.  Additional information about the anticipated budget and funding will be provided before the application deadline.  Please feel free to contact Dean Barnes with any questions regarding this application process.

                        744

                        Philosophy for Constitutional Lawyers 3
                        • JD - general credits
                        • JD - Substantial Research and Writing Project requirement (SRWP)
                        • International LLM/Exchange/SJD - general credits
                          • Reflection Papers
                          • Final paper (10+ pages in length)
                          • Class participation
                          This seminar will investigate the possibility and promise of substantive reason in constitutional law. Doubts that reason plays any non-instrumental role in constitutional decisions often reflect a broad skepticism that constitutional law can be anything other than political decision-making in disguise. We do not share that skepticism, but we readily concede that many constitutional arguments and opinions are poorly reasoned, and that constitutional lawyers often seem unable to offer a coherent account of what they are doing, or what constitutional decision-making is or ought to be, that doesn't collapse into a species of political choice.

                          Our goal is to explore some of the resources that contemporary philosophy may offer constitutional lawyers in the effort to understand and practice constitutional law as a distinct and coherent form of thought and decision.
                          Attention will be paid to the work of Alasdair MacIntyre and Ludwig Wittgenstein, among others.

                          Students will be expected to participate actively in class discussion and to prepare a seminar paper, which can be written to satisfy the upper-level writing requirement.

                          753

                          Law and Literature: Race & Gender 3
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          • Public Interest Certificate: General Elective
                          1. Spring 17
                          2. Spring 18
                          3. Spring 19
                          • Reflection Papers
                          • Final paper (10+ pages in length)
                          • Class participation

                          This seminar uses contemporary fiction to explore the intersection between literary and legal studies, with a particular focus on race and gender. Through literature and some film, the seminar examines the role of law in the structure of conflict, personal relationships, social hierarchy and social change, with attention to privilege, perspective, and voice. Authors include Margaret Atwood, Richard Wright, Kazuo Ishiguro, Aravind Adiga, Toni Morrison, Ursula Hegi, and Nella Larsen.

                          Grades will be determined from class participation, weekly response papers, and final paper pursuing a theme from the course.

                          758

                          Originalism and Its Discontents 3
                          • JD - Substantial Research and Writing Project requirement (SRWP)
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          1. Spring 17
                          2. Spring 18
                          3. Spring 19
                          • Reflection Papers
                          • Final research paper (25+ pages in length)
                          • Class participation

                          Originalism is a major school of constitutional interpretation and a growing field of study. Both public discourse and legal practice commonly feature originalist arguments as well as criticisms of originalism. To engage these arguments, lawyers and citizens should be able to weigh the merits of a diverse set of originalist theories. This course is designed to acquaint you with a number of originalist and nonoriginalist arguments; enable you to judge for yourself the strengths and weaknesses of each; and give you an opportunity to sharpen your own views on the topic. It examines various originalist theories (original intentions, original meanings, original methods, and so on), different emphases in originalist argumentation over time (the “old” originalism vs. the “new”), and forms of argument used in support or opposition (conceptual, normative, positive). The course will be taught as a two-hour weekly seminar, focused on class discussion of the readings. Each student will choose weeks in which to submit a total of eight short papers (5-8 pp.) in response to the readings. These papers will be circulated to all participants via Sakai and will serve, together with my own comments at the start of each session, as a basis for class discussion. Alternatively, students may instead pursue independent research projects related to originalism, submitting first and final drafts (~30 pp.) in compliance with the upper-level writing requirement. Students choosing this option must do so prior to the close of the Drop/Add period.

                          771

                          Defamation and Privacy 3
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          1. Fall 16
                          2. Fall 17
                          • Final research paper (25+ pages in length)
                          • Class participation

                          American law attempts to protect individual interests in personal dignity and to guarantee a robust system of free expression. Both concerns are implemented, in part, through the common law of dignitary torts, and US constitutional law addresses their overlap and potential conflict. This course will cover the torts of defamation, invasion of privacy, and intentional infliction of emotional harm, and the related constitutional doctrines that the Supreme Court has developed since 1964.

                          774

                          Taboo Trades & Forbidden Exchanges 2
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          1. Spring 17
                          2. Spring 18
                          3. Spring 19

                          This class examines exchanges and transactions that are traditionally taboo, and sometimes illegal. Importantly, what constitutes a taboo trade is culturally dependent, changing over time and across cultures. For example, typical taboo trades in modern western societies include organs, blood, babies, sexual relations, votes for money, and a wide range of other issues. In other cultures and other times, however, humans were sold as a matter of course, whereas land was considered inalienable.

                          Students will discuss reading selections from law, economics, anthropology, psychology, and sociology. During most class meetings, we will host speakers (generally visiting faculty from other law schools) who will discuss current projects related to taboo trades.

                          781

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

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

                           

                          791

                          Judicial Writing 2
                          • JD - Substantial Research and Writing Project requirement (SRWP)
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          1. Spring 17
                          2. Spring 18
                          3. Spring 19
                          • Class participation

                          This course is intended to appeal to any student who seeks a judicial clerkship or aspires to be a judge, or who simply wants to learn more about how and why judges write judicial opinions. Students will consider the complexities of being on the bench, including judges' relationships with the public, with lawyers, with other judges, and with their clerks. The students will try their hands at formats and styles unique to clerking or judging, including a bench brief, an analytic paper, and an appellate-court opinion.

                          794

                          The Law of Slavery and Freedom: The Thirteenth, Fourteenth and Fifteenth Amendments 2
                          • JD - Substantial Research and Writing Project requirement (SRWP)
                          • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          • Public Interest Certificate: General Elective
                          1. Spring 17
                          2. Spring 18
                          • Reflection Papers
                          • Final paper (10+ pages in length)
                          • Oral presentation
                          • Class participation

                          This course will explore the ways in which the institution of slavery interacted with the law in the United States and how the law defined freedom and the practices of freedom.  The first two weeks will focus on slavery and the law.  The rest of the course will focus on the 13th, 14th, and 15th Amendments. For added credit, students may satisfy the writing requirement by enrolling in Law 794W. 

                          794W

                          Law in Slavery & Freedom: From the Historical to the Contemporary/ Writing Credit
                          • JD - Substantial Research and Writing Project requirement (SRWP)
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          1. Spring 18
                          • Final research paper (25+ pages in length)

                          Students enrolled in Law 794 Law in Slavery & Freedom:  From the Historical to the Contemporary, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 794W must be added no later than 7th week of class.*