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

200

Administrative Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Final Exam

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

225

Criminal Procedure: Adjudication 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam

A study of the basic rules of criminal procedure, beginning with the institution of formal proceedings. Subjects to be covered include prosecutorial discretion, the preliminary hearing, the grand jury, criminal discovery, guilty pleas and plea bargaining, jury selection, pretrial publicity, double jeopardy, the right to counsel, and professional ethics in criminal cases.

226

Criminal Procedure: Investigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Final Exam
  • Class participation

This course in advanced constitutional law is a study of the legal limitations on criminal investigative practices contained in the Fourth, Fifth, and Sixth Amendments. Topics include search and seizure, arrest, the exclusionary rule, electronic surveillance, the privilege against self-incrimination, interrogation, confessions, and the right to counsel.

229

State and Local Government Law 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 23
  • 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.

232

Employment Discrimination 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam
  • Class participation

A study of the law of employment discrimination, focusing mainly on federal statutes that prohibit discrimination based on race, color, sex, religion, national origin, and age. Class time is committed to both doctrinal and policy analysis. The course does not examine disability discrimination.

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.

275

International Law 3
  • JD elective
  • LLM-ICL (JD) required
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam

This course offers a broad introduction to international law and provides a foundation for more specialized courses.  Topics covered include the key sources, actors, and institutions of international law; the application of international law by domestic courts; adjudication by international tribunals; the extraterritorial application of domestic law.  Part I of the course provides an overview of these foundations issues.  Part II is comprised of a series of case studies on selected topics in international law, including human rights, international crimes, international trade and investment, environmental protection, and the use of force.

Note on scheduling for Spring 2023:
To accommodate Professor Helfer’s responsibilities as a member of the UN Human Rights Committee, which meets in Geneva, Switzerland in March 2023, several class meetings will need to be canceled, rescheduled or held on Zoom.  Please note - the first class meeting will be held on Friday January 13, 2023 @ 12:30 to 1:45 PM.   Additional information about canceled and rescheduled classes will appear on the course syllabus.

307

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

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

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.

347

Health Care Law and Policy 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 22
  • Spring 23
  • Final Exam
  • Class participation

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.

351

U.S. Immigration and Nationality Law 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam
  • Practical exercises
  • Class participation

This course will provide an overview of immigration law and policy. It combines a study of constitutional law, statutory interpretation, and administrative regulations. We examine the constitutional law governing noncitizens as they seek to enter and remain in the United States as well as the statutory provisions governing humanitarian protection, family-based and employment-based migration. We also discuss the immigration consequences of criminal convictions, the obligations of criminal defense attorneys to advise noncitizen clients, and the intersection of criminal and immigration enforcement systems.

The course explores the legal, social, historical, and political factors that have constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., the power of the executive branch to set and change immigration policy, issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law. Students will participate in a mock removal proceeding and will complete hypothetical immigration problems that illustrate the application of constitutional, statutory, and regulatory immigration law.

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.

417

Advanced Children's Law Clinic 3
  • JD elective
  • PIPS elective
  • PIPS experiential
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Spring 23
  • Practical exercises
  • Live-client representation and case management

This two or three credit course is available to students who have participated in one semester in the Children's Law Clinic, and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Supervisors will work with advanced students to develop an advanced experience that meets the interests of both the students and needs of the clinic. Students enrolled in advanced clinical studies are required to participate fully in the case work and/or policy portion of the clinic, performing a minimum of 100 hours (2 credits), 125 hours (3 credits) or 150 hours (4 credits) of client representation work, but will not be required to attend the class sessions. A classroom component is available for students using advanced clinic to satisfy their experiential learning requirement.

420

Trial Practice 3
  • JD elective
  • JD experiential
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23

This is the basic trial skills course covering Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. In sections of 12 students per section, students prepare and perform the various skills using simulated problems and case files. After each performance, students receive constructive comments from faculty members who are also experienced trial lawyers. Students also get videotapes of their performances. The course ends with a full jury trial of a civil or criminal case with teams of two students on each side. At the end of the trial, the jury deliberates and students are able to watch the jury as it deliberates.

Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 12, and continue with sessions on the afternoon of Friday, January 13; morning of Saturday, January 14; and morning of Sunday, January 15. Attendance is required at these sessions.

422

Criminal Trial Practice 3
  • JD elective
  • JD experiential
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Fall 20
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23

This is the basic trial skills course with a focus on criminal litigation. Prof. Maher is an experienced criminal litigator who currently represents clients in state and federal court. The class meets one night each week, and recorded lectures are available for students to view. The course covers Story Telling, Brainstorming, Opening Statement, Direct Examination, Cross Examination, Impeachment, Experts, Exhibits, Trial Preparation, Opening Statement and Closing Argument. The class is limited to 12 students so that each week each student will prepare and perform the various skills using simulated problems and case files, some of which are based on real cases and will allow students to work with actual recordings and other evidence. After each performance, students receive constructive comments both in class and during individual video review meetings. At the end of the semester students, typically in teams of two students, will litigate a mock criminal trial with jurors. Students who have not taken evidence, but who are enrolled in evidence, may take the class.

Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 12, and continue with sessions on the afternoon of Friday, January 13; morning of Saturday, January 14; and morning of Sunday, January 15. Attendance is required at these sessions.

502

Forensics Litigation 1.5
  • JD elective
  • JD experiential
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation

Forensic evidence, from DNA to fingerprints to ballistics, has never been more important in criminal cases. However, litigating scientific evidence in the courtroom is not like it appears on TV shows like CSI it is challenging and requires some specialized skills. We are again offering a short course to provide those skills. By the end of the course you will be able to handle sophisticated scientific evidence in the courtroom. While the focus is on forensics used in criminal cases, many of the same principles and skills apply when litigating scientific evidence in any type of case. The course is a practicum: a scientific evidence trial advocacy course. We will begin with introductory lectures both on forensics and how to prepare for trial, so that students will be fully ready for their parts in the last third of the course, which will focus on the trial simulations. During the simulations, the prosecutors will first interview their forensic experts (one of your instructors), and talk to them about their case file documents, which are taken from real cases. The class will break into groups to brainstorm potential motions to exclude expert testimony or limit language and discuss collectively as a class, both sides will conduct mock trials with direct and cross-examination of forensic experts before a judge, and finally, we will conduct closings. These sessions will be spread out over several weeks, to permit watching video of prior sessions to prepare for the next portion of the trial. We will also exchange feedback in between each session to talk about what worked and what did not. Each student will have a chance to present in these simulations. The course will also be to open to a select group of experienced practicing criminal lawyers who will collaborate with students throughout the simulations. Students will be graded on a memo written reflecting on their portion of the trial; their draft questions finalizing their planned questions; and on their participation and oral advocacy in the simulations. While having taken evidence or trial advocacy is helpful, it is not a prerequisite.

544

The Collective Action Constitution 3
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) writing
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing
  • PIPS elective
  • Fall 20
  • Spring 23
  • Reflective Writing
  • Class participation

Collective action problems arise where every member of a group has a choice between alternatives, and if each member acts in a narrowly self-interested fashion or all members are unable to coordinate their actions, the outcome will be worse for all members by their own estimations than it will be if all or some of them choose another alternative.  Collective action problems are caused either by externalities (e.g., a prisoners’ dilemma), or by coordination difficulties (e.g., deciding which side of the road to drive on).  This seminar will examine the extent to which the United States Constitution can be understood as solving collective action problems that arise for the states and as empowering the states themselves and the federal government to solve such problems.  Topics will include:

  1. the number and importance of multi-state collective action problems both today and at the time of the creation of the Constitution;
  2. collective action theory in the social sciences;
  3. the promise and perils of relying on interstate compacts and other agreements to solve multi-state collective action problems;
  4. the necessity of federal power to solve such problems and a general examination of how Article I, Section 8, of the Constitution authorizes Congress to do so;
  5. the Interstate Commerce Clause and related structural principles (i.e., the anti-commandeering doctrine and the dormant commerce doctrine);
  6. the Taxing and Spending Clause and the Necessary and Proper Clause;
  7. the many other parts of the Constitution that can be explained to a significant extent by the logic of collective action (e.g., the Foreign and Indian Commerce Clauses; Article I, Section 10; the Treaty Clause of Article II; certain heads of federal jurisdiction in Article III, especially diversity and suits between states; the Privileges and Immunities Clause and the Territories Clause, both of Article IV; Article V’s requirements for constitutional amendments; and Article VII’s requirements for ratification of the Constitution);
  8. the inability of the collective action theory of the Constitution to explain certain parts of the Constitution, especially the Reconstruction Amendments, which follow a different structural logic;
  9. various challenges to the theory (e.g., that partisan polarization and congressional dysfunction undermine federal power to solve collective action problems; that the theory threatens to collapse the text of the Constitution into its underlying purposes; that the theory limits federal power too much (according to legal liberals) or not enough (according to legal conservatives); and that claims about whether collective action is rational or likely to occur are historically contingent and normatively contestable; and
  10. why the theory should matter to judges, elected officials, academics in several disciplines, and engaged citizens.

Readings will draw from The Federalist Papers and other Founding materials (e.g., the Articles of Confederation, Madison’s Vices memorandum, various letters of the Founders, the Virginia Plan, and the Constitution); book chapters (by, e.g., Akhil Amar, Jack Balkin, Daniel Farber, Jack Rakove, and Neil Siegel); law review articles (by, e.g., Robert Stern, Donald Regan, Steven Calabresi, Robert Bork, Robert Cooter, Neil Siegel, and Ernest Young); U.S. Supreme Court opinions from the Marshall Court to the present; and select draft chapters of my book manuscript.

Students will be required to write a 30-page research paper on a topic related to the substance of the seminar, which may be used to fulfill the JD SRWP degree requirements, the LLM writing requirement, or the special writing requirement for JD/LLMs. 

Grades will be based on the quality of students’ course participation (40%) and the quality of their research papers (60%).

546

International Law of Armed Conflict 3
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Reflective Writing
  • Research paper, 25+ pages
  • 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 60% of the grade) is required on a legal topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Substantial Research and Writing Project (SRWP) and possibly other writing requirements must obtain instructor. The remainder of the grade (40%) 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 (3rd ed., 2021). This course will only be offered in the spring.

585

Philanthropy, Voluntarism and Not-For-Profit Law and Management 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23

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.

639

Movement Lawyering Lab: Law for Black Lives 3
  • JD elective
  • JD experiential
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Reflective Writing
  • Research and/or analytical paper(s), 5-10 pages
  • Group project(s)
  • Practical exercises
  • Class participation

This three-credit course will immerse students in the theory, practice, and politics of movement lawyering.  The course proceeds in two parts: a weekly seminar and field work.  In the seminar, students learn the foundations and tactics of movement activism, and discover how lawyers work with social movements to build power and create change.  In the field work portion, students are paired with lawyers and organizers from across the South to produce legal analyses, policy papers, legislative reviews, rapid response documents, outreach materials, and more.  For the Fall of 2022, the course will have a special emphasis on reproductive justice work, and (depending on enrollment) will be working with organizations such as SisterLove, New Voices for Reproductive Justice, SisterReach, In Defense of Black Lives–Atlanta, and other Black-led movement organizations.  Students will also be invited to travel to Atlanta to meet directly with our movement partners.  For more information on the course, please see this episode of the Duke Law podcast: https://law.duke.edu/video/duke-law-podcast-movement-lawyering-lab-duke-law

Course enrollment is by application.  Students interested in applying for the course should submit their CV and a short (250-500 word) statement of interest about why they would like to enroll in the course, how their background has prepared them to work effectively with movement partners, and how they plan to use the skills they learn in the course. Statements should be sent to Bobbi Pabon, bobbi.pabon@duke.edu, no later than 5 pm on Friday, November 11. Student will be notified by Professor Gordon before the first registration window opens on Tuesday morning so that you can factor the seminar into your semester credit load. The seminar will meet weekly at a mutually-agreed-upon time and place.

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