Course Browser

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

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

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

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice

Clear all filters 12 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

240

Ethics and Professional Responsibility 3
  • JD ethics
  • IntlLLM-SJD-EXC elective
  • Fall 22
  • Final Exam

Professional Responsibility (3 credits) takes an in-depth view of ethical issues relating to the practice of law that are confronting the legal profession. The course studies the ABA Model Rules of Professional Conduct (“Model Rules”), relevant cases, and other sources of authority that govern the conduct of lawyers. The objective for this course is to develop an understanding of the field of the laws governing lawyers. The primary goal of this class is to give you experience applying the Model Rules and other pertinent laws to various factual scenarios (both real and hypothetical) so that when ethical issues arise during the course of law practice (and they will!), you are able to identify them and reflect on whether you need to adjust your behavior to ensure compliance with your professional obligations. This is a survey course, so we will learn a little about various sources of the law governing lawyers, but we will not focus deeply on any particular concept. The primary method of assessment will be an in-class examination at the conclusion of the semester.

245

Evidence 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Final Exam
  • Class participation

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. Also addressed are the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to evidentiary privileges.

260

Financial Accounting 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • Fall 20
  • Fall 21
  • Fall 22
  • Final Exam

Many attorneys are required to evaluate financial data, notably financial statements from corporations, on a regular basis. The need is not limited to corporate attorneys; indeed litigators in securities, antitrust, malpractice, or general commercial litigation frequently must analyze financial information. This course serves to both introduce basic accounting principles and practices and their relationship to the law, as well as to study a number of contemporary accounting problems relating to financial disclosure and the accountant's professional responsibility. Students with accounting degrees, MBAs or who have taken more than a couple of accounting courses are not permitted to enroll. Also, Business Essentials may not be taken concurrently with this course.

290

Remedies 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Spring 21
  • Spring 22
  • Fall 22
  • 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.

313

Judicial Decisionmaking 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • Spring 23
  • 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.

 

315

Complex Civil Litigation / Large Scale Litigation 3
  • JD elective
  • JD experiential
  • IntlLLM-SJD-EXC elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam
  • Oral presentation
  • In-class exercise

This is an advanced civil procedure class taught by a former big case litigator in the Moot Courtroom (for most classes) and via Zoom (for a few classes) for those interested in learning how to litigate large cases, with an emphasis on real-world practical requirements, strategy and skills. Students will each week after the first session practice stand-up courtroom (and Zoom) 3-minute "mini- oral arguments" on many of the key cases so as to begin to prepare for big-case advocacy, which today occurs both in physical courtrooms and via video arguments. The course will focus on the problems of large multi-party and multi-forum civil cases and how courts and litigants deal with them. Coverage will include the practical steps litigators need to take as well as decision points at the outset of every litigation, joinder of parties, class actions; federal multi-district transfer and consolidation; litigation over the appropriate federal or state forum, coordination among counsel in multi-party cases, ethical issues, big-case discovery problems; ad hoc federal-state litigation coordination; judicial case management techniques and issues; arbitration; and ways of accelerating or terminating potentially or actually protracted cases, including settlement, mediation, representative trials, mini-trials and claims processing facilities.

334

Civil Rights Litigation 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 23
  • 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.

343

Federal Courts I: Constitution & Judicial Power 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Fall 20
  • Fall 21
  • Final Exam

Federal Courts is sometimes thought of as the love child of Constitutional Law and Civil Procedure. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies. Most experienced litigators--including criminal and regulatory litigators--consider the course essential.

Federal Courts 1 is the first of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Both parts one and two are three-credit courses ordinarily taken in the Fall and Spring of the same year. They have separate exams that are graded independently. There is no requirement that one take both installments, but it is strongly recommended.

Federal Courts 1 (The Constitution and Judicial Power) 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 addresses 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 implication of private rights of action under federal statutes.

344

Federal Courts II - Public Law Litigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Final Exam

Federal Courts is sometimes thought of as the love child of Constitutional Law and Civil Procedure. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies. Most experienced litigators—including criminal and regulatory litigators—consider the course essential.

Federal Courts 2 is the second of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Both parts one and two are three-credit courses ordinarily taken in the Fall and Spring of the same year. They have separate exams that are graded independently. There is no requirement that one take both installments, but it is strongly recommended.

Federal Courts 2 (Public Law Litigation) focuses on litigation meant to vindicate federal statutory and constitutional rights. We begin with the ins and outs of the Federal Question jurisdictional statute, then move on to suits against the government. We address both federal and state sovereign immunity in depth, and we explore civil rights litigation against state and federal officers under 42 U.S.C. 1983 and the Bivens doctrine. We also canvass various statutory and judge-made rules limiting parallel litigation in state and federal courts. The course concludes with an in-depth treatment of federal habeas corpus as a vehicle for judicial review of executive detention and for collateral attack on state criminal convictions.

387

Securities Litigation, Enforcement, and Compliance 3
  • JD elective
  • IntlLLM Business Cert
  • PIPS elective
  • Spring 23
  • Final Exam
  • Class participation

This survey course is designed to acquaint you with the theoretical as well as practical aspects of federal securities litigation, enforcement, and compliance, which is a dynamic area of legal practice with a number of developments occurring on multiple fronts. This course will address the massive financial frauds at Enron, WorldCom, and other large companies that occurred as the twenty-first century dawned.  It also looks at the scandals that culminated in the 2008 financial crises, which led to Congress’s enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  Additionally, it will look at more recent developments in the securities law area.  In short, this course will provide the grounding needed for you to enter a securities litigation, enforcement, or compliance practice.

470

Poverty Law 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Fall 21
  • Fall 22
  • 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).

501

Transnational Litigation in U.S. Courts 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM-SJD-EXC elective
  • Fall 21
  • Final Exam

This course analyzes civil suits in U.S. federal courts that raise cross-border, international and foreign legal issues. Specific topics covered include transnational jurisdiction, international forum selection, transborder choice of law, extraterritorial application of U.S. law, federal rules for service of process and discovery of evidence abroad, the special treatment of foreign governments as parties, and recognition and enforcement of foreign judgments.

Course Credits

Semester

JD Course of Study

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice