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 filters133 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

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.

202

Art Law 2
  • JD - Substantial Research and Writing Project requirement (SRWP), option
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam, option
  • Final research paper (25+ pages in length), option
  • Class participation

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

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

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

206

International Arbitration 2
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  1. Spring 18
  • Final Exam

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through arbitration. This course introduces students to the law and practice of international arbitration. Among other things, the course will consider the formation and enforcement of arbitration agreements; the conduct of arbitral proceedings; the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; the strategic issues that arise in the course of international arbitration proceedings; and the practical benefits (and disadvantages) of arbitration.

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.

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.

 

239

Ethics and the Law of Lawyering in Civil Litigation 2
  • JD - general credits
  • JD - ethics
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Spring 19
  • Final Exam
  • Practical exercises

This course examines the principles of legal ethics and professionalism. Our focus will be on identifying and responding to the key issues faced by a civil litigator, and on the model rules of professional conduct, case law, and ethics opinions that a lawyer must consider in resolving such issues. Topics include the formation and termination of the attorney client relationship, conflicts of interest, and communications with the court and opposing counsel through the discovery and trial process. We will examine the balancing of the duty of advocacy with the duty to the administration of justice. We will also explore issues such as admissions, discipline, and common law firm associate dilemmas such as billing and changing law firms. During the semester, students will prepare two short (3-5 pp) memoranda. There will also be an open book in-class exam at the end of the semester.

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.          

 

288

Consumer Bankruptcy & Debt 2
  • JD - Substantial Research and Writing Project requirement (SRWP), option
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Spring 17
  2. Fall 17
  3. Spring 19
  • Reflection Papers
  • Final research paper (25+ pages in length), option
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

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

289

Business Essentials 2
  • JD - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
    • Final Exam

    The course is intended to introduce law students to essential principles of accounting, financial statement analysis, finance, business valuation, the economics of the firm, financial instruments, capital markets, and corporate transactions.

    This course is not open to students who majored in business, have a business background, are JD/MBA candidates, or who have taken Financial Information (LAW 260). Students who take Business Essentials will be precluded from taking Financial Information (LAW 260) in the future.

    301

    AIDS 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. Fall 16
    2. Fall 17
    The course will explore the legal and policy landscape of the HIV/AIDS epidemic primarily in the United States. We will employ a multi-disciplinary approach to teaching about HIV law and policy, including the legal issues faced by persons with HIV disease. Speakers will include medical specialists, social workers, and persons living with HIV. Topics covered include HIV-related stigma and discrimination, HIV testing and public health laws, confidentiality and privacy rights, estate planning issues, HIV criminalization, health disparities, access to health care and health insurance, permanency planning for children and other family law issues, employee benefit issues, and torts and HIV-related private lawsuits. There is an opportunity for student presentations on AIDS Law issues. In lieu of an exam, there is a paper requirement for the course. The course is helpful but not required for those intending to enroll in the Health Justice Clinic.

    This course is only offered in the fall semester.

    309

    Children and the Law 2
    • JD - Substantial Research and Writing Project requirement (SRWP), option
    • JD - general credits
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
    1. Spring 18
    • Reflection Papers
    • Final paper (10+ pages in length)

    This seminar is derived from the three-credit Children and the Law course.  Where the latter is a broad survey of the law governing decision making for children and the relationship between parents and the state that arises in that context, this seminar focuses in on the three areas of the law that tend to generate the most cultural and legal controversy: education, religion, and maltreatment.  Students will be required to prepare memoranda throughout the semester on related topics including home schooling, curriculum reform, vaccination law, proxy consents to medical treatment and research, corporal punishment, and the Fourth Amendment’s special needs administrative search exception.  The course can be used to satisfy the upper-level writing requirement.  There are no prerequisites.  However, because the subject matter builds on the foundations of constitutional law, property, and torts, it will be useful to have taken these classes.

    310

    International Dispute Resolution 2
    • JD - general credits
    • LLM-ICL - general credits
    • International LLM/Exchange/SJD - general credits
    • International LLM, Business Law Certificate
      • Final Exam
      • Practical exercises
      • Class participation

      Today’s leading dispute-resolution lawyers of the United States, and every nationality, must be equipped for the international practice of law.  Their clients increasingly include multinational corporations and foreign governments who carry out commercial transactions, invest in public infrastructure, and exploit natural resources often in collaboration with other corporations and governments of diverse nationalities around the globe.  Clients may also include citizens and community groups affected by such projects.  Given the sometimes conflicting interests of the various stakeholders, some of these undertakings evolve into complex disputes that cross not only geographic borders, but also cultural, linguistic, political, and jurisdictional boundaries.  Fortunately, the contracts and treaties which govern these projects, and which have proliferated exponentially in recent decades, provide for the resolution of disputes through international institutions, such as the International Court of Justice (ICJ), the International Centre for Settlement of Investment Disputes (ICSID), and the Court of Arbitration of the International Chamber of Commerce (ICC).  Rights and remedies of private parties may be available, either alternatively or additionally, through national courts, local arbitration forums, and diplomatic protection.  And mediation of international disputes is on the rise, under existing institutional rules or through ad hoc proceedings such as before the Permanent Court of Arbitration (PCA).  As you prepare yourself to represent global clients, you must be equipped to navigate the available forums and the applicable legal regimes to advance their interests.

      This course will take students through an evolving, hypothetical international dispute, to empower students with practical knowledge, skills, and strategy.  Each module of the course will require students to explore a different dispute resolution forum and address a different facet of the dispute governed by a different source of law (including treaties; contracts and concessions; and local, foreign, and customary international law).  Students will be required to read selected excerpts from leading cases and treatises and to engage in substantive discussion and debate in class.  Students will also be required to complete practicum exercises to develop transferable skills for all forms of international arbitration and litigation.  All hypothetical scenarios, materials, and assignments will be based on real cases from the professor’s experience, to ensure that students gain practical knowledge and skills for their own international practice of law.

      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.

      319

      Analytical Methods 2
      • 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
      1. Fall 16
      2. Fall 17
      3. Fall 18
      4. Spring 19
      • Final Exam
      • Practical exercises
      • Class participation

      Lawyers face non-legal, analytical issues every day. Business lawyers need to understand a business in order to represent their client properly. Litigators need to judge the best route in adopting a litigation strategy. Family lawyers routinely need to value a business. Environmental lawyers need to understand economic externalities. Social lawyers need familiarity with financial instruments that have positive and negative attributes. In these and many other situations, lawyers tend to learn on the job, and even then the pressures of the moment often means that they learn just enough to move on to the next problem. This course is designed to help all lawyers develop a more systematic way of thinking about their work. Students taking this course will find it foundational in running a business, advising a business, or litigating business matters that go beyond the strict letter of the law. In this sense, this is not your standard doctrinal law school course. Rather, it is designed to give students the tools necessary to interact with the business community and run a company or firm. While there is no prerequisite for this course, students should be comfortable with numbers and graphs. A high school level of mathematics is required and students should be ready to use algebra, fractions, exponents, and the like. There will be no calculus.

      The areas of focus include:

      1. Accounting. This section, covering basic accounting, is essential to understanding your clients, evaluating deals, and running a law firm.
      2. Finance. Beginning with the foundations of financial theory, this part of the course will cover key concepts in corporate finance and asset valuation.
      3. Microeconomics. In order to resolve disputes, facilitate commerce, and better cross-examine witnesses in complex litigation, a good understanding of the basics of microeconomics is important. This part of the course will cover these ideas.
      4. Statistical Analysis. Statistics play an important role for lawyers in many ways. They drive many governmental regulations; they help determine damages in cases; they help triers of fact determine the likelihood of an event. In this part of the course, we will examine how lawyers can use statistics in a variety of situations.

      The course grade will be made up of class participation, (roughly) weekly problem sets, case analyses, and a final examination.

      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.

       

      323

      Bankruptcy and Corporate Reorganization 2
      • JD - general credits
      • LLM-LE (1 year) - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Business Law Certificate
      1. Spring 17
      2. Spring 19
      • Final Exam

      The course will focus on the process by which a corporate debtor achieves reorganization pursuant to the provisions of Chapter 11 of the Bankruptcy Code. Prior familiarity with bankruptcy principles and debtor-creditor law is not required. These will be incorporated in the course as it unfolds. Some familiarity with business organization is helpful but not necessary.

      The subject will be covered primarily from two perspectives: that of supervision of a debtor by the bankruptcy court and that of the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its ability to secure a fresh start through a plan of reorganization.


      Topics to be covered include: historical, Constitutional, and policy issues underlying Chapter 11's provisions and goals; overview of basic business structures and transactions bearing on Chapter 11 reorganization; alternatives to avoid Chapter 11; the powers and oversight role of the bankruptcy court and the obligations and governance of a corporate debtor when under the protection of the bankruptcy court; the major phases of a Chapter 11 case from initial filing to consummation of a plan of reorganization (e.g., formulation of a business plan and the plan of reorganization, claims procedures and classification, plan disclosure and voting, plan confirmation, discharge, and consummation); recovery and disposition of assets in Chapter 11, including asset sales, and avoidance remedies; and numerous special topics encountered in Chapter 11 practice.

      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.

      336

      Mergers & Acquisitions: A Practitioner's Perspective 2
      • 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. Spring 17
      2. Spring 18
      3. Spring 19
      • Final Exam

      This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

      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.

        348

        East Asian Law: Business & Finance Focus 2
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Business Law Certificate
        1. Spring 18
        • Reflection Papers
        • Final paper (10+ pages in length)
        • Class participation

        This is a reading seminar, which will cover the East Asian law relating to the economic development, business practices, and financial regulation, exclusively focusing on Japan, Korea, and China. The legal system and economic development of these three countries have several features in common, if compared to the Western legal tradition, but the different history, culture, and politics of each country made its legal system distinctive to each other. This course aims to examine both these commonalities and distinctions, and thereby enhance our understanding of these three countries today. We will only cover the laws and practices relating to the corporate business and financial regulation, most of which have been inherited from the West. Such legal system has very little to do with the East Asian legal tradition. In most cases, it was previously based on the European Civil Law system, and recently more and more influenced by the Anglo-American laws and regulations. In this regard, the notions that have been often employed to explain the East Asian distinctions, such as Asian value, Confucianism, and traditional culture, will be rarely used or emphasized in this class. Rather, this course intends to examine how these three countries have struggled to incorporate the Western legal system—with or without its underlying assumptions and background social environments—into their society in a surprisingly limited time. To be sure, such transplant has not always been successful, and we can learn several lessons both from success and failure.

         

        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.

        356

        Effective Communication Outside of the Courtroom 2
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        1. Spring 19
        • Reflection Papers
        • Group project
        • Oral presentation
        • Class participation

        Good lawyering requires advocacy outside of the courtroom. Lawyers regularly communicate with current and prospective clients, governmental officials, the media, and other general audiences. They also must advocate for themselves—whether in their job searches or within their professional settings. Accordingly, this seminar will introduce skills to make students more effective in their interpersonal communication, teamwork, and persuasive public speaking.  Each class session will focus on a specific set of interpersonal communication, teamwork, and/or persuasive speaking skills. Class sessions will feature a combination of lectures, individual and group presentations, discussion, and in-class exercises. Students will routinely receive feedback on their performances through self-reflections, peer evaluations, and instructor evaluations. This seminar will also provide students with opportunities to meet (mostly virtually) with current lawyers and hear examples of how they advocate for themselves, their clients, and/or positions they support. Each guest will also discuss how interpersonal communication and public presentation skills shape their day-to-day responsibilities.

        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.

        371

        Products Liability 2
        • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Business Law Certificate
        1. Spring 18
        • Final paper (10+ pages in length)
        • Practical exercises
        • Class participation

        In a first-year torts course, it is possible only to scratch of the surface of products liability law’s history, substantive and procedural complexity, theoretical underpinnings, and policy implications. Given its intricacy, practical significance, and usefulness as a window into tort law more generally, products liability is an ideal subject for an upper-level torts course. This dedicated products liability course offers students the opportunity to delve more deeply into the thorny legal doctrines and problems of proof that arise in the practice of products liability law. The course also gives students the chance to revisit many issues of general importance to tort law, including: strict liability versus negligence as potential bases for recovery in tort; the allocation of liability among plaintiffs and multiple tortfeasors; the interaction between doctrines of liability and problems of proof; and the relationships among economic regulation, social insurance, the law of contracts, and the law of torts.

        379

        Partnership Taxation 2
        • 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. Spring 17
        2. Spring 18
        3. Spring 19
        • Final Exam

        The course will cover the tax consequences of organizing, operating, and liquidating entities including related issues taxed as partnerships.

        393

        Trademark Law and Unfair Competition 2
        • 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. Fall 16
        2. Fall 17
        3. Fall 18
        • Final Exam

        Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies.

        Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

        398

        Juvenile Courts & Delinquency 2
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        • Final Exam

        This course examines legal responses to minors who break the law. It opens with a discussion of the development of the American juvenile court, which can be divided into three periods, beginning with the establishment of the Chicago Juvenile Court in 1899. It considers jurisdictional issues—when does the juvenile court have the authority to act? When and how do adult criminal courts assert jurisdiction over minors?—as well as questions concerning the application of traditional criminal law rules and doctrines, particularly those regarding the mens rea requirement, to offenses by minors. It explores the law that governs investigatory encounters and pretrial procedures as well as pre-adjudication processes (i.e., intake and detention) in the context of juvenile court. It then examines modern juvenile court practice, adjudication, and disposition with a discussion of the role of lawyers for children in delinquency matters.

        Taking this courses affords the opportunity to delve deeper by enrolling concurrently in Law 692, Juvenile Courts Practicum.

        399

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

        This course is designed to provide students with a working knowledge of the major areas of interface between psychiatry and law. Basic concepts of clinical psychiatry and psychopathology will be highlighted throughout the course. The attorney and the psychiatrist roles in the commitment process, right to treatment and right to refuse treatment, competency to stand trial, and criminal responsibility will be explored using a number of methods. Discussion of assigned readings, short lectures, interviews and observation of patients involved in legal proceedings, films, guest speakers, and field trips will form the basis of the course. The students will periodically be asked to use the information from the course together with independent and group research to complete short projects and class exercises.

        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

        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 through briefing and 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 helpful (though not required) to have previously taken appellate practice.  Students should not enroll in both courses simultaneously. It is recommended that students enrolling in this course have completed or have contemporaneously enrolled in the federal courts course.

        Important:

        • As with other clinics, this course may not be dropped after the first class meeting.
        • 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).
        • 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, and indeed a court may calendar oral argument during or within days after spring break.  Hence the need for flexibility.
        • Like students in all other Duke clinics that meet in the fall, appellate clinic students must attend the all-day clinic intensive held on a Friday in early September.

        421

        Pre-Trial Litigation 2
        • 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
        • Practical exercises
        • In-class exercise
        • Class participation

        This course focuses on the path litigators must navigate prior to trial. It is becoming increasingly rare for cases to be decided by a jury; lawyers must learn to win in the pretrial process. We will explore the key components of the pretrial process, beginning with the filing of a law suit. This course provides an opportunity for students to synthesize their knowledge in procedure, evidence and advocacy. Topics include:

        • Drafting pleadings
        • Taking and defending depositions
        • Creating and responding to discovery
        • Planning strategy and motions

        The course grade is based on classroom participation, performance and written work. There is not a final exam.

        428

        Advanced Community Enterprise Clinic 2
        • JD - general credits
        • JD - experiential learning
        • JD-LLM-LE - general credits
        • 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. Spring 19
        • Group project
        • Practical exercises
        • Live-client representation and case management
        • Class participation

        This two-credit course is available to students who have participated in one semester in the community enterprise 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 100-120 hours of client representation work, but will not be required to attend the class sessions.

        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.

          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.

          475A

          Law & Policy Lab 2
          • 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
          • International LLM, Intellectual Property Certificate
          1. Fall 17
          2. Fall 18
          • Final paper (10+ pages in length)
          • Class participation

          The tech-savvy lawyer-leader of tomorrow must understand blockchains. Blockchains—decentralized databases that are maintained by a distributed network of computers—present manifold challenges and opportunities, including unprecedented potential to disrupt financial systems, to support civic participation and democratize access to resources, and even to change what we understand “law” to be.

          As this set of technologies rapidly emerges, we must consider the extent to which we allow regulation and government intervention, balancing the maintenance of social norms against the need to let a nascent technology innovate. Moving forward, as decentralized networks possibly replace centralized systems, we must find ways to maintain rule of law through appropriate legal and regulatory levers. This course aims to help each of us become active participants in these endeavors.

          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.

            501

            Civil Litigation in U.S. Federal Courts: Transnational Issues 2
            • JD - general credits
            • LLM-ICL - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            2. Fall 17
            3. Spring 19
            • 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.

            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.

            505

            Criminal Justice Policy Lab 2
            • JD - Substantial Research and Writing Project requirement (SRWP), option
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • Public Interest Certificate: General Elective
            1. Fall 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Oral presentation
            • Class participation

            The growth in incarceration in the United States since the early 1970s has been “historically unprecedented and internationally unique,” as the National Research Council recently put it. This lab seminar will explore current debates about how best to improve our criminal justice system. The focus will be on concrete research projects with the potential to improve criminal justice outcomes in North Carolina. Students will learn how to conduct policy-based research on criminal justice problems, and students will choose projects and write research papers studying possible reforms. Visitors to the seminar will include leading lawyers, policymakers, and scholars to speak to the class, and to assist with the research efforts.  Students will better appreciate the challenges of designing a sound criminal justice system and also learn how as lawyers they may participate in successful and well-researched policy reform efforts.

            506

            Fraud Investigation 2
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            • Final Exam

            In recent years new statutory and common law fraud actions have filled the courts and the news. Corporate fraud constitutes an increasing concern and target for litigation and enforcement actions. New definitions, procedures and enforcement mechanisms have changed the face of fraud investigation and prosecution. This Course will cover traditional areas of fraud investigation and prosecution along with emerging statutory and common law fraud issues. It will consider both academic and practical aspects on the definition, identification, and redress of fraud and fraud-related issues, including federal bank, bankruptcy, tax and securities fraud provisions, Sarbanes-Oxley issues, FDIC fraud regulations and enforcement, wire fraud, mail fraud, false federal claims, and other statutory fraud provisions. It will also cover practical issues of cooperation with government inquiry and their limits, privilege and work product and their waiver.

            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.

            510

            Legal Interviewing & Counseling 2
            • 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
            • Journal
            • Practical exercises
            • In-class exercise
            • Class participation

            This course will provide students a framework for effective client interviewing and counseling, skills which are foundational to successful lawyering. While lawyers must master substantive and procedural law to gain the confidence of their clients, they must be able to exercise effective communication skills in “real time.”  Legal Interviewing and Counseling will help students learn to plan effective interviewing and counseling sessions, to identify and solve problems collaboratively with clients, and to further develop their abilities to effectively communicate difficult legal and factual information. This course seeks to further understanding of a broad range of communication skills, to facilitate client decision making and implementation of solutions, to manage the professional relationship, and to navigate common ethical issues that arise in the context of legal interviewing and counseling. Structured in-class simulation exercises will allow students to develop and practice these skills in real-world contexts . While each of these skills will be developed over the entirety of any lawyer's career, Legal Interviewing & Counseling aims to help students to jumpstart this development and to gain additional tools needed to ensure effective client relationships when they enter practice. Students will be evaluated on their participation in structured, in-class simulation exercises and discussions; video-taped skills exercises done outsides of class; guided self-assessments; guided reviews of other students' simulation exercises; and a final capstone simulation interview and counseling projects. Students will be required to attend class regularly and to participate consistently in all exercises. Students will be assessed on a C/NC basis.

            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.

              513

              Murder Trials: Real-World Lessons in Persuasive Advocacy 2
              • JD - general credits
              • JD - experiential learning
              • International LLM/Exchange/SJD - general credits
              1. Spring 19

              Credits earned in this seminar, grounded in simulating participation in certain aspects of a murder trial, apply to the experiential learning requirement for graduation. The course's backbone will be real first-degree murder cases that resulted in conviction and the death penalty. Simulations in the form of class exercises and writing assignments will be based upon those high-stake cases' actual evidence, defense and prosecuting attorneys' decisions and actions, and the controlling constitutional and evidentiary law. The simulations will include but not be limited to attorneys' brainstorming to make tactical decisions, composing jury selection questions to pick a "fair" but "death-qualified" jury, and writing and presenting opening statements and closing arguments. In the simulated activities, students will learn to practice the art of persuasive, zealous advocacy in the face of challenges to professionalism, ethical dilemmas, and complex tactical choices. Lessons about advocacy, though learned in the context of death penalty cases' memorable circumstances, apply equally to students' future practice in transactional or civil litigation practice.

              514

              Research Methods in Administrative Law 2
              • JD - general credits
              • JD - experiential learning
              • International LLM/Exchange/SJD - general credits
              • Public Interest Certificate: General Elective
              1. Fall 17
              2. Fall 18
              • Final paper (10+ pages in length)
              • Oral presentation
              • Short Research Assignments
              • Class participation

              This course focuses on administrative law research, including federal regulations, the federal rulemaking process, documents produced by federal agencies such as “no action” letters and guidance documents, and research into the enabling legislation and related legislative process. It will also cover research into legislative and regulatory stakeholders, with the goal of facilitating student research expertise in addressing administrative law issues in practice.

              515

              Contract Drafting for the Finance Lawyer 2
              • JD - general credits
              • JD - experiential learning
              • 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
              • Practical exercises
              • In-class exercise
              • Class participation
              • Variable by section

              Contract Drafting is an upper-level course that teaches basic practical skills in contract drafting through written drafting exercises. The exercises will be done both in and outside of class, and extensive peer and instructor editing will be used. While the skills taught will be basic, they will also be translatable to more sophisticated contracts, such as those that Duke Law students can expect to see and draft in practice. The course will be a combination of lecture and in-class drafting and editing exercises, with an emphasis on the exercises. There will be pre-class reading assignments from the text, possibly supplemented with other outside reading. Some drafting exercises will be assigned to be done outside of class for subsequent in-class editing. Grading will be on the basis of these written drafting assignments, the quality of editing others' drafts, and class participation.

              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.)

              517

              Advanced Contracts 2
              • JD - general credits
              • International LLM/Exchange/SJD - general credits
              • International LLM, Business Law Certificate
              1. Spring 17
              2. Spring 18
              3. Spring 19

              Each course segment will consider in depth a foundational tenet of contract law, but applied to a new and modern fact pattern. For example, does an agreement to exchange one kidney for another (as in the increasingly common kidney paired donation) involve consideration? Is it void as against public policy? What is the obligation of airlines, hotels, and third party providers (such as Expedia) to honor "mistake fares" in an age when technology allows potentially millions of purchases before the offeror discovers the error?
              We'll begin each segment with a modern fact pattern in which the law is unclear or in flux. We'll read the classic contracts cases and scholarly articles on point, with application to the new fact pattern in mind. Are the old doctrines still a good fit for the new world? Are the public policy rationales behind the law still relevant? What new considerations are present? Project assignments are designed to place students in roles of problems-solvers, policymakers, or judges considering real-life, current disputes. There will be substantial writing, teamwork, and oral presentations.

              518

              Constitutional Law II: Historical Cases and Contemporary Controversies 2
              • JD - general credits
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • International LLM/Exchange/SJD - general credits
              1. Spring 17
              • Final research paper (25+ pages in length)

              Federal constitutional law is deeply shaped by its history. Many of our hot-button issues emerged in the early Republic: the specific questions are often different but the basic disagreements and arguments are startlingly modern.  The modern “canon” of US Supreme Court cases through which constitutional law is taught is an abstraction from this history.  Even if this is mostly unavoidable, the result is that in important ways our understanding of constitutional history, and thus of contemporary constitutional law as well, is distorted.  In this course we will look at a series of contemporary issues  - such as freedom of speech and religion, unenumerated rights, and federalism, through the lens provided by cases and controversies in the first century of the Constitution’s existence that for the most part have dropped out of our field of vision.  Our goal is not simply to develop a deeper understanding of the constitutional past but just as importantly to acquire fresh perspectives on contemporary law.

              519

              Contract Drafting 2
              • JD - general credits
              • JD - experiential learning
              • JD-LLM-LE - general credits
              • International LLM/Exchange/SJD - general credits
              • International LLM, Business Law Certificate
              1. Spring 17
              2. Fall 17
              3. Spring 18
              4. Fall 18
              5. Spring 19
              • Practical exercises
              • In-class exercise
              • Class participation
              • Other

              Contract Drafting is an upper-level simulation course that teaches basic practical skills by having students work “in role” as lawyers undertaking various drafting tasks in a series of exercises. While the skills taught will be basic, they will also be translatable to more sophisticated contracts. The course will feature lectures, class discussions, and in-class business issue-spotting and drafting exercises, with an emphasis on the exercises. There will be pre-class reading assignments from the text, sometimes supplemented with other outside reading, including various sample contracts. Some exercises will be group projects, and regular peer feedback, along with feedback from the instructor, will be a feature. Grading will be on the basis of written drafting assignments, at least one graded peer-feedback assignment, and class participation.

              Students who take Law 519 Contract Drafting may not take Law 522 Contract Drafting: The Next Generation.

              520

              Climate Change and the Law 2
              • JD - general credits
              • LLM-ICL - 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
              • Final paper (10+ pages in length)
              • In-class exercise
              • Class participation

              This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – primarily at the international treaty level and in the United States, with attention as well to the law in Europe, Australia, China, Brazil, and elsewhere.

              We will compare alternative approaches that could be taken by the legal regime to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, technology R&D, prescriptive regulation, reducing deforestation, geoengineering, adaptation); the spatial scale (global, regional, national, local); the time scale (precautionary or adaptive, over decades or centuries); and key normative criteria for policy choice. We will also examine the actual legal measures that have been adopted so far to manage climate change: the international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997), and the results of follow-on meetings such as Copenhagen (2009), Cancun (2010), Durban (2011), Doha (2012), Warsaw (2013), and the Paris Agreement (2015); and the policies undertaken by the US, Europe, Australia, China, Brazil, and other key countries. In the US, we will study national (federal) and sub-national (state and local) policies, including: legislative proposals in the US Congress; the US Supreme Court's decisions in Massachusetts v. EPA (2007), and Connecticut v. AEP (2011), addressing issues including standing to sue, statutory interpretation, delegation, administrative discretion, comparative institutional competence, and statutory preemption of common law; administrative regulation by US EPA under the current Clean Air Act; other federal laws such as the ESA and NEPA; state-level action by California, RGGI, and others; and common-law tort liability applied to climate change.

              Questions we will discuss include: How effective and efficient are the policies being proposed and adopted? How do actions at the national and international levels affect each other (e.g. reinforcing or conflicting)? Can current institutions deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change? What roles do changing scientific and economic understanding play in evolving legal responses? How do institutions and the public respond to potential but inchoate catastrophes? Will dealing with mega-problems necessitate or lead to basic changes in legal institutions? Should the US states be acting? Should you buy personal carbon offsets? Should the US have joined Kyoto, or have organized a parallel regime of major emitters, or have done something else? How should we appraise FCCC/Kyoto process so far? What will follow from the 2015 Paris Agreement, and how should it be implemented? What are the best ways to engage countries in international cooperation? What principles of international and intergenerational justice should guide efforts to control climate change? How should aggregate social well-being, and distributional equity for the world's poor, shape climate change policy? Should greenhouse gas emitters (countries, businesses, consumers) be legally liable or responsible to compensate victims for their losses? What is the best mix of mitigation (prevention) and adaptation (resilience)? How will climate policy be influenced by geopolitical changes such as the rise of China and India, and a shift from the US as lone superpower to a more multipolar world of several great powers? How will technological change affect law and policy, and how should the law seek to promote technological change? How should the legal system learn and remain adaptable to new information over time? What threats, challenges, and opportunities might climate change pose to legal and political systems?

              Students must read the assigned materials in advance of class, and participate in class discussion. Each student will submit a short (5-6 page) paper, addressing the week's readings (and adding outside research), for three (3) of the 12 class sessions (not counting the first class session). A sign-up sheet will be circulated at the beginning of the course for students to select the 3 topics/class sessions for which they will submit these 3 short papers (so that these papers are spread across the semester). In addition, each student will write a longer research paper (15 pages), due at the end of the semester. Grades will be based on: 33% class participation, 33% the 3 short papers, and 33% the longer paper.

              The Syllabus with weekly assignments, and the Resources (readings), will be posted on the Sakai site. (There is no textbook for this course; all readings will be posted on the Sakai site.)

              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.

                522

                Contract Drafting: The Next Generation 2
                • JD - general credits
                • JD - experiential learning
                • JD-LLM-LE - general credits
                1. Spring 17
                2. Spring 18
                • Practical exercises
                • Class participation

                In their article Contract as Automaton: The Computational Representation of Financial Agreements, Mark Flood and Oliver Goodenough argue that not only can contracts be conceptualized as "finite machine states" that can be automated, but that conceptualizing the legal structure of a contract this way is helpful for determining whether a contract is internally coherent and complete.  Messrs. Flood and Goodenough are moving beyond computer assisted "document assembly"---where guided questions lead word-processor-based document template libraries to a traditional natural-language contract--and exploring an analytical process of turning (at least certain types of) contracts into computer automated "smart contracts".  Building off of Harry Surden's Computable Contracts, Flood and Goodenough apply computational theory to the various states, inputs and transitions of a loan agreement to make the contract a "deterministic finite automaton" (DFA).

                This course covers the basic practical skills in contract drafting through written drafting exercises while exploring how legal practice and contract drafting will change.  While working with the course materials, we will inquire as to whether or not the contract elements can be formalized into a smart contract or DFA.  We will also explore Flood and Goodenough's proposition that "The exercise of representing contracts as DFAs can help us better understand how contracts work."  

                Students who take Law 522 Contract Drafting: The Next Generation may not take Law 519 Contract Drafting.

                527

                Access to Medicines: Intellectual Property and Global Public Health 2
                • JD - Substantial Research and Writing Project requirement (SRWP), option
                • JD - general credits
                • LLM-ICL - general credits
                • International LLM/Exchange/SJD - general credits
                • International LLM, Intellectual Property Certificate
                • Public Interest Certificate: General Elective
                1. Spring 17
                2. Spring 18
                • Final Exam, option
                • Final research paper (25+ pages in length), option

                This 2 credit seminar examines the law and policy governing the availability, price and development of medicines worldwide, providing an overview of the international legal frameworks, national regulations, and innovation policies affecting access to existing medicines and the development of future treatments for global health. It encourages students to critically examine current international law governing pharmaceutical innovation and to engage in efforts to improve incentives for the pharmaceutical sector to better meet global health needs. This seminar is open to non-law graduate students depending on space and prior experience. Students may take a final take-home exam or write a 30 page paper. 

                Note: An additional credit is available for students writing a 45 page paper.  Students wishing to take this option should enroll in Law 527W Access to Medicines Writing Credit and must be enrolled no later than the 7th week of class.

                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.

                531

                In House Law Practice 2
                • JD - general credits
                • International LLM/Exchange/SJD - general credits
                • International LLM, Business Law Certificate
                1. Spring 17
                2. Spring 18
                3. Spring 19
                • Reflection Papers
                • Group project
                • Oral presentation

                This course explores the substantive and procedural aspects of inhouse law practice, and how they differ from law firm and governmental practices. The class sessions will present substantive legal topics discussed with legal practitioners. Course materials will be drawn from statutory, regulatory, and policy-driven materials, as well as case studies. Students will have team-based interdisciplinary project assignments that will draw from topics discussed in the class, reflecting real-world scenarios.

                The course is intended to provide law school students with an understanding of and practical skills for inhouse practice, legal issues unique to that practice, and practical issues that face inhouse lawyers. It is designed for any student interested in inhouse practice – those who wish to work in a law firm or governmental role and interact with inhouse counsel, those who would like to practice inhouse, and those who are interested in exploring different career paths.

                40%: Memos
                Each student will prepare two memos, of five pages each, on substantive legal issues presented during class; these memos will provide students an opportunity to demonstrate practical approaches to those legal issues.

                20%: Presentation
                Each student will make a 5 -8 minute individual presentation to the class, ostensibly to the general counsel of a corporation, in which students will provide an overview of recent developments in a given legal area and how it applies to the corporation. All students will receive a common fact pattern for the fictitious corporation, and each will be assigned a different legal area to which the fact pattern relates. Students will be videoed for their presentation and have the opportunity to review the same.

                40%: Project
                Halfway through the semester, students will be divided into teams of 4 persons. Each team will receive a fact pattern for a significant business-level-event problem which they are to analyze and present their findings, legal analysis and recommendation to the CEO and board of directors for said company.

                The project will include an individual written component of 10 pages, a group written component of five pages, and a 30-minute team presentation.

                No prerequisites are contemplated as necessary.

                533

                Government Enforcement and Global Corporate Compliance 2
                • JD - general credits
                • JD - experiential learning
                • LLM-ICL - general credits
                • International LLM/Exchange/SJD - general credits
                1. Fall 18
                • Practical exercises
                • In-class exercise
                • Class participation

                Students will learn about white collar criminal law principles, today’s climate of government enforcement against corporate wrongdoing and the important role that compliance programs can play in preventing, detecting and resolving those compliance issues.  The course will involve substantive lectures and classroom exercises.  The Foreign Corruption Practices Act (FCPA) will be utilized as the substantive basis to discuss the various principles and conduct the practice simulations. The FCPA will also help demonstrate the global nature of white collar and compliance and the legal issues multi-national corporations face. 

                Students will engage in classroom exercises to develop skills frequently used in practice – analysis, drafting materials, preparing for and conducting interviews, and developing a work plan.  Students will learn to advise a client on dealing with a government enforcement action, conduct a global internal investigation, and build a corporate compliance program.  This learning combination of substantive lectures and doing simulation exercises regarding “real world” issues will provide students with practical skills in an area that is in high demand for lawyers.

                535

                Comparative Corporate Law 2
                • JD - general credits
                • LLM-ICL - general credits
                • International LLM/Exchange/SJD - general credits
                • International LLM, Business Law Certificate
                1. Fall 17
                • Reflection Papers
                • Final paper (10+ pages in length)
                • Class participation

                This is a reading seminar, which will be conducted by interactive class discussions, which will utilize heavily comparative approaches. We will start with the U.S. style corporate law theories and practices, and then discuss on how they are actually applied or rejected throughout the world, particularly in the United Kingdom, Continental Europe, and East Asia. The goal of this course is not merely to compare legal institutions of different legal origins. Rather, this course intends to consider several core problems with modern business association, and ask why and how different rules have been developed across the countries. There would be no clear answers, but such discussions will enhance our understanding of corporate law as well as capitalism in general. For these purpose, readings are carefully edited from three articles: roughly, one is associated with the United States, another with the Continental Europe (including the United Kingdom, if any), and the other with the East Asia (mostly Japan and Korea). Due to the time constraint, however, only a handful of core issues and selected papers will be assigned and discussed in class. More advanced theoretical issues on corporate governance will be covered by another corporate governance course. Instead, we will focus on controlling families and corporate group, different schemes of corporate monitoring (directors and institutional shareholders) across the countries, flexibility of corporate finance rules in terms of creditor protection, and finally, dramatic differences of takeover markets. Although the readings sometimes employed economic reasoning, the course requires only a basic understanding of microeconomics.

                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.

                539

                Ethics in Action 2
                • JD - general credits
                • JD - ethics
                • JD - experiential learning
                • International LLM - New York Bar Exam
                • International LLM/Exchange/SJD - general credits
                1. Spring 17
                2. Fall 17
                3. Spring 19

                The class will function as an ethics committee considering current issues and ethics inquiries based upon actual disputes. The participants, working in small groups, will draft detailed ethics opinions that the full class will consider, revise, and the like.

                544

                Advanced Topics in International Trade 2
                • JD - general credits
                • JD - Substantial Research and Writing Project requirement (SRWP)
                • International LLM/Exchange/SJD - general credits

                  This seminar will explore recent scholarship related to international economics and international trade institutions (such as the WTO, the EU, and NAFTA).  Topics will include the domestic political economy of trade liberalization, trade remedy law, institutional design, and compliance with dispute resolution systems.  The seminar is designed to be highly participatory with students taking the lead in class discussions.  Some knowledge of international law is helpful but not required.  Grades are based on a series of papers written during the semester and class participation.

                  Grade Basis:  Grades are based on the six short papers, your leadership of class discussion, and class participation.  There is no final exam and no final paper.  This course can be taken together with a 2 or 3 credit independent study to fulfill a writing requirement.

                  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.

                  549

                  Corporate Counseling and Communication 2
                  • JD - general credits
                  • JD - experiential learning
                  • JD-LLM-LE - general credits
                  • LLM-LE (1 year) - general credits
                  • International LLM/Exchange/SJD - general credits
                  • International LLM, Business Law Certificate
                  1. Spring 17
                  2. Spring 18
                  3. Spring 19
                  • Final Exam
                  • Practical exercises
                  • In-class exercise
                  • Class participation

                  The goal of this class is for students to develop skills working with sophisticated clients on complex issues that lack easy answers and to simulate the practice of law in a way that a young associate is likely to experience it whether at a large law firm or in a small legal office. The primary focus is interviewing and counseling business clients and drafting client-related communications.

                  The first part of the class is split into five two-week segments. In the first week of each segment, the class will study a legal issue and prepare to interview the client. Then, one student interviews the client about a simulated scenario in a conference call as the rest of the class observes.  After the call, the class assesses the legal issues and strategies for responding. Students must then decide what advice to give.

                  In the second week of each segment, the class evaluates potential responses and prepares to advise the client. Another student counsels the client as the class observes. The focus of the class is on client communications, legal strategy, and developing professional skills, and students will gain exposure to the types of issues commonly faced by corporate counsel, including contract negotiations and potential claims.

                  Students will also practice working in a law office environment by sending emails to the professor that simulate reports to a supervising attorney and by submitting timesheets showing work they have completed. The final three weeks focus on a 15-page paper that will require independent research on a complex legal topic assigned by the professor. Through these exercises, students will learn to speak confidently with experienced business executives, collect information efficiently from busy professionals, and deliver practical, business-oriented legal advice orally and in writing.

                  550

                  Legal Issues of Cybersecurity and Data Breach Response 2
                  • 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 paper (10+ pages in length)
                  • Practical exercises
                  • Class participation

                  This course will cover the dynamic and rapidly evolving legal field of cybersecurity and data breach response.  The course will focus on the workflow during the aftermath of any sort of data security incident, a rapidly growing legal practice area, where legal professionals have emerged as critical decision-makers. Every class will begin with a 15-20 minute discussion of current events.  The course will be broken up into two parts.   The first part of the course will cover the foundation of the legal aspects of data breach response, in the form of traditional discussion.  The second part of the course will involve a fictional fact pattern/simulation of a data security incident at a financial firm, with student teams conducting various tasks, with “real-life” outside legal experts playing various roles.  The tasks will include: intake; board briefing; law enforcement liaison; federal/state regulatory interphase; insurance company updates; and vendor/third party/employee briefings.

                  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.

                    554

                    Deceit and Betrayal: Perspectives on Fraud and Breach of Fiduciary Obligation 2
                    • JD - general credits
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • International LLM/Exchange/SJD - general credits
                    • International LLM, Business Law Certificate
                    1. Spring 17
                    • Final research paper (25+ pages in length)

                    This seminar focuses on contemporary applications of the law of fraud and fiduciary obligation, including situations in which an actor deceives the beneficiary of a fiduciary obligations owed by the actor. The seminar will begin with two sessions that cover the historical origins of fraud and fiduciary obligation and their subsequent evolution. The remainder of sessions will focus on specific situations and issues of contemporary interest. These may include, among other topics: (1) remedies for breach of fiduciary obligation, including forfeiture of compensation; (2) criminalization of fiduciary breach, including "honest services fraud;" (3) frauds directed at members of groups with which the fraudfeasor shares an ethnic, political, or other affinity; (4) aiding and abetting or lending knowing assistance to another actor's fraud or breach of fiduciary obligation; (5) the liabilities of auditors and other gatekeepers in the event of fraud within the gatekeeper's client; (6) the individual liability of employees and other agents for fraud and other torts committed within the scope of employment or authority; (7) the role of victim consent to wrongful conduct, including the validity of exculpatory provisions in the parties' agreement; (8) standards of conduct applicable to broker/dealers and others who furnish investment advice; (9) duties owed to employees who own equity in a professional-services or business firm, in particular in connection with the sale of control of the firm. The reading material for the seminar will include a selection of cases and other primary legal materials, plus scholarly publications. Each student must write a research paper on a topic approved in advance by the instructor.

                    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
                    • LLM-ICL - 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.*

                    560

                    Sales and Value Added Tax Law 2
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • International LLM, Business Law Certificate
                    1. Fall 16
                    2. Fall 17
                    3. Fall 18
                    • Final Exam

                    SALES AND VALUE-ADDED TAX LAW covers the policy issues, legal frameworks and detailed technical issues related to VAT and retail sales tax systems. Comparisons are drawn between the VAT (a multi-stage consumption tax system used by most countries -- but not the US) and retail sales taxes (the consumption tax adopted by most US states). The class explores variations between the VAT systems and retail sales tax systems in different jurisdictions, in order to highlight key policy issues. The course also highlights innovations in consumption taxes (especially to deal with the digital economy) and the treatment of special sectors such as the real property, financial, agriculture and public interest sectors. Approaches for dealing with the application of VATs and sales taxes in the context of federations and common markets are also considered.

                    The principal focus is on VAT, because retail sales taxes can be viewed as a single-stage VAT. The aim of the course is to enable you to think about VAT (or sales tax), whether from the perspective of what the law is, what it should be, or how it might be administered. More generally, the course is designed to sharpen your skills to think like a lawyer, like a policymaker, and like a tax administrator.

                    After taking the course, you should understand how the VAT and retail sales taxes work in practice, and you will have a clear understanding of how consumption taxes differ from income taxes. We will discuss the definition of key legal elements of the VAT (taxpayer, taxable event, tax base, rates, tax period) and how the tax is collected. This analysis should equip you with the ability to address consumption tax issues in the future, or indeed to deal with any tax, since all taxes have these basic common elements.

                    562

                    Sentencing & Punishment 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)
                    • Class participation

                    This new seminar will focus on the process of imposing sentences in criminal cases, administering punishment, and attempting rehabilitation of convicted criminals. The course will first provide background regarding the purposes of punishment and the history of mandatory sentences, presumptive sentences, and sentencing guidelines, and focus on some of these issues in more detail through the use of a expert guest lecturers and a tour of the Federal Correctional Facility in Butner, NC. Students will be expected to participate meaningfully in the lectures, guest speakers and field trip, and produce a research paper on a related topic.

                    563

                    Economic Growth and Development in Africa 2
                    • JD - general credits
                    • LLM-ICL - general credits
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 17
                    • Final paper (10+ pages in length)
                    • Reflection Papers
                    • Practical exercises
                    • Class participation

                    This course explores the legal issues implicated in sub-Saharan Africa’s economic and political development from the perspective of host-country and foreign governments, businesses, and legal practitioners. Sub-Saharan Africa is considered to be the new frontier in the global economy, as many of the world’s fastest growing economies are in sub-Saharan Africa. The economic performance of many sub-Saharan African countries is projected to continue to improve because of the continent’s changing economic, political, and social landscape. Consequently, U.S. businesses are starting to eye opportunities and to invest heavily in sub-Saharan Africa and U.S. policy toward Africa is also shifting from aiding Africa to investing more in Africa. As U.S. businesses, law firms, and even government agencies are showing an increased interest in sub-Saharan Africa, more private law firms have begun to counsel clients that are looking to expand their businesses or invest in Africa on the various opportunities and unique challenges of doing business in Africa.

                    We will examine key trends that either promote or hinder growth in the region and present challenges to economic, legal, and political development. Students will gain practical experience by, identifying and solving hypothetical legal and business issues confronted by those seeking to do business in Africa.

                    Students will be assessed on class participation, weekly response papers for the assigned reading, a 20-page paper identifying and analyzing a legal issue related to economic development, and two problem-based workshops.

                     

                    564

                    Combatants & Civilians: The History of Status in the Law of War From Medieval Europe to Guantanamo Bay 2
                    • JD - general credits
                    • LLM-ICL - general credits
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 18
                    • Final Exam
                    • Class participation

                    The central organizing principle of the jus in bello (the law of war governing the conduct of hostilities) is the distinction between combatants and non-combatants.  Combatants and Civilians: The History of Status in the Law of War From Medieval Europe to Guantanamo Bay will trace the historical development of combatant and non-combatant status in the law of war, examining in particular the constellations of (mutual and conflicting) state interests that produced that body of law.  Informed by that historical analysis, the course will then consider the meaning of the current debate on the status of “unlawful combatants” (or “unprivileged belligerents,” as restyled by the Obama administration) in the counterterrorism context and the contemporary implications of that debate

                    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.

                      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.

                      570

                      Criminology and Criminal Procedure 2
                      1. Spring 18
                      2. Spring 19
                      • Class participation

                      In this seminar, we will read social science research to examine the empirical assumptions of rules, systems, and practices of criminal law and procedure. We will cover a series of empirical questions, which may include: (1) Does stop and frisk policing reduce crime? (2) Can body cameras change police behavior? (3) Does the death penalty deter? (4) Are there alternatives to incarceration that can keep us safe? (5) Is there racial disparity in sentencing, and if there is, what can we do about it? (6) What is the right age of majority to separate the juvenile and adult justice systems?

                      While some background in social science and statistics may be helpful, it is not a requirement for the course. Students will be evaluated based on class participation and a series of reaction papers. Students will also be asked to lead discussion of some of the readings.

                      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.

                      572

                      International Forum Shopping: Theory and Practice 2
                      • LLM-ICL - required courses
                      1. Spring 17

                      This seminar, open to students pursuing a JD-LLM in international and comparative law, analyzes institutional design, regime complexity, and forum shopping in the international legal system.  The seminar explores the theoretical, strategic, and practical issues relating to these topics.  Key concepts are illustrated via a series of recent case studies in international trade, investment, human rights, criminal law, and other area of international law.  Reading for the course will include both theoretical reading and materials specifically related to the four case studies presented.  Readings associated with the case studies may include briefs, legal decisions, newspaper and other accounts of the situation, and possibly guest lectures.

                      Course grades will be based 60% on response papers (6 papers of 1500 words), and 40% on class participation, including helping to lead discussion of classes for which they write response papers.

                      Students interested in satisfying either the JD or JD/LLM writing requirements through this seminar may separately enroll in an Independent Study (Law 460) of 1 or 2 credits.  Research papers completed through these Independent Studies will be in addition to, and not in lieu of, the required seminar response papers, and will be graded separately from the seminar work. 

                      575

                      Securities Litigation and Enforcement in Practice 2
                      • JD - general credits
                      • JD - experiential learning
                      • International LLM/Exchange/SJD - general credits
                      • International LLM, Business Law Certificate
                      1. Spring 19
                      • Practical exercises
                      • In-class exercise
                      • Class participation

                      This two-credit experiential course will focus on the analytical, writing and presentation, and interview skills frequently used in practice while also introducing students to the general statutory and regulatory frameworks governing securities litigation and enforcement.  Litigating private securities claims and defending SEC enforcement actions are an important component of most sophisticated litigation practice; these actions have high stakes, and are almost inevitable for many corporate clients.  Writing assignments and presentations will be drawn from one hypothetical class action problem, and one hypothetical enforcement action problem.

                      576

                      Agency Law in a Changing Economy 2
                      • JD - Substantial Research and Writing Project requirement (SRWP), option
                      • JD - general credits
                      • International LLM - New York Bar Exam
                      • International LLM/Exchange/SJD - general credits
                      • International LLM, Business Law Certificate
                      1. Spring 19
                      • Final research paper (25+ pages in length)
                      • Oral presentation
                      • Class participation

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

                      577

                      Emerging Issues in Sports and the Law 2
                      • JD - general credits
                      • International LLM/Exchange/SJD - general credits
                      • International LLM, Business Law Certificate
                      1. Spring 18
                      2. Spring 19
                      • Reflection Papers
                      • Final paper (10+ pages in length)
                      • Class participation

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

                      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.*

                        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.

                        583

                        Globalization of the Family 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
                          • Final research paper (25+ pages in length)
                          • Class participation

                          This course will address a number of issues in which globalization plays a role in family life, such as the definition of marriage and family, property rights, the requirements for divorce, same-sex relationships, marriage tourism, fertility tourism, adoption, and intercountry child custody disputes. In most instances, the seminar will examine a particular topic through the lens of the law of a given culture or country, so that students can focus closely on the substantive issues. In addition, the seminar will explore questions of comparative law and conflict of laws as students consider whether and how one nation should honor the family law of another. Issues of international law, including treaty obligations and human rights laws, will be considered where appropriate.

                          There are no prerequisites for the course. Students enrolling in this course may not have taken the version of the course taught by Professor Michaels in the Asia-America Institute in Transnational Law during summer of 2012, nor may they take the similar course to be taught by Professor Bradley in the Duke-Geneva Institute in Transnational Law during the summer of 2013.

                          Students will be required to attend and actively participate in the seminar discussion, lead class discussion for one class meeting, and complete a 30-page research paper. Students may use this research paper to fulfill the upper-level or the LLM writing requirement, and the special writing requirement for JD/LLMs

                          584

                          Forensic Science Colloquium 2
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          • Public Interest Certificate: General Elective
                          1. Spring 19
                          • Reflection Papers
                          • Class participation

                          Science has never been more important to crime solving in the United States, with expanding crime labs, DNA databanks, and new crime scene technology. Yet never has the use of forensics been more controversial in the legal and scientific communities, with scientific reports critical of the research foundations of many forensic techniques and new Sixth Amendment and evidentiary challenges in the courts. This seminar will examine the legal, scientific, and the practical questions raised by the use of forensic evidence in our legal system, by bringing in a series of leading scholars, lawyers, and researchers to present cutting edge work (we may also visit a crime lab and meet with its general counsel). During the semester, speakers will present their research to the seminar. The students will have written papers evaluating and critiquing the work in class the week before each speaker presents. We will discuss current legal challenges to the admissibility of forensic evidence, the constitutional regulation of forensics in the courtroom, philosophy of science, privacy issues, and research seeking to improve the uses of forensics in the lab and in the courtroom. Interested faculty from the law school, as well as statistics, psychology, and other disciplines will also attend given sessions. Students do not need a background in science and there are no prerequisites.

                          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.

                          588

                          Investigating and Prosecuting National Security Cases 2
                          • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
                          • JD - general credits
                          • LLM-ICL - general credits
                          • LLM-ICL - writing requirement, option
                          • International LLM/Exchange/SJD - general credits
                          • International LLM - writing requirement, option
                          • Public Interest Certificate: General Elective
                          1. Spring 18
                          2. Spring 19
                          • Reflection Papers
                          • Final paper (10+ pages in length)
                          • Class participation

                          National security cases present unique challenges to prosecutors and defense attorneys. From the outset of an investigation, and before charges are brought, prosecutors and investigators must take into account a number of considerations, including coordination with the intelligence community and potential conflicts that may arise between law enforcement and intelligence gathering. After a case is charged, such cases frequently present other challenges, such as complying with discovery obligations while protecting classified information and obtaining testimony from foreign witnesses who may be beyond the reach of the U.S. government. This course will provide an in-depth examination of the unique issues that lawyers face in national security prosecutions and the substantive and procedural tools used to navigate those issues.  We will also examine the advantages and limitations of civilian prosecutions and consider the effectiveness of current procedures and criminal statutes in addressing modern national security threats, particularly cyberattacks.  An emphasis will be placed on case-specific examples and hypotheticals, drawing in part on the instructor’s experience and pending public cases.  The course will culminate in a simulation in which students are presented with a rapidly unfolding national security incident in which they are asked to address various hypotheticals at different stages of the case from the perspective of prosecutors, defense attorneys, and judges. 

                          Students will be expected to complete a final paper of 10-15 pages in length on a topic approved by the instructor.  Students who wish to use the paper to satisfy the JD ULWR should enroll in a 1 credit Independent Study with Professor Stansbury and will be expected to write a final paper of 25-30 pages in length.  The Independent Study will be graded on a credit/no-credit basis.

                          589

                          Japanese Law in a Business Context 2
                          • JD - general credits
                          • JD - Substantial Research and Writing Project requirement (SRWP)
                          • International LLM/Exchange/SJD - general credits
                          • International LLM, Business Law Certificate
                          1. Spring 17

                          An overview of the Japanese legal system with a particular focus on the business and regulatory environment as well as on the differences that a U.S.-trained lawyer must be aware of when handling Japan-related matters. This class will qualify for the Duke LL.M Business Law Certificate.

                          The class will be conducted as an interactive seminar. Student grades will be based in part on participation and presentation, but with the largest component being based on a 25+ page seminar paper. Several of the latter class sessions will be devoted to student presentations on their paper topics and preliminary findings. However final papers will not need to be submitted until the end of the semester. The seminar paper for this class can be used to satisfy the LL.M. Business Certificate paper requirement.

                          590

                          Risk Regulation in the US, Europe and Beyond 2
                          • JD - Substantial Research and Writing Project requirement (SRWP)
                          • JD - general credits
                          • LLM-ICL - general credits
                          • International LLM/Exchange/SJD - general credits
                          • International LLM, Environmental Law Certificate
                          1. Spring 17
                          2. Spring 18
                          • Final research paper (25+ pages in length)
                          • Class participation

                          This seminar pursues an advanced, integrated analysis of the law, science and economics of societies' efforts to assess and manage risks of harm to human health, safety, environment and security. The course will examine the regulation of a wide array of risks, such as those from food, drugs, medical care, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, terrorism, emerging technologies, and extreme catastrophic risks (students may propose to research other risks as well). Across these diverse contexts, the course will explore the components of regulatory analysis: risk assessment, risk management (including the debate over "precaution" versus benefit-cost analysis), risk evaluations by experts vs. the public, and risk-risk tradeoffs.  And it will explore options for institutional design and structure, including the interrelated roles of legislative, executive, and judicial functions; delegation and oversight; fragmentation and integration; and international cooperation.

                          The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and other countries.  These comparisons address topics including the choice of policy instruments, the selection of which risks to regulate, "precautionary" regulation, "better regulation" initiatives, regulatory impact assessment and regulatory oversight bodies, and others.   It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and what regulatory systems can learn from each other.

                          Students' research papers in this seminar may analyze specific risk regulations; compare regulations, institutions or tools across countries; formulate and advocate original proposals to improve the regulatory state; or other related topics.

                          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.

                          594

                          Sex Equality’s Past and Future 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)
                          • Class participation

                          This seminar examines the relationships between pregnancy discrimination and sex discrimination, and between sex discrimination and restrictions on access to contraception and abortion. 

                          Through reading a combination of Supreme Court merits briefs, law review articles, and book excerpts, students will study how Ruth Bader Ginsburg and other advocates for women’s rights during the early 1970s viewed discrimination against pregnant women as a paradigmatic form of unconstitutional sex discrimination, and also viewed restrictions on access to contraception and abortion as implicating constitutional equality values in addition to liberty concerns. 

                          Students will also read such Supreme Court opinions as Griswold v. Connecticut (1965), Reed v. Reed (1971), Eisenstadt v. Baird (1972), Frontiero v. Richardson (1973), Roe v. Wade (1973), Geduldig v. Aiello (1974), and Craig v. Boren (1976), and learn how the Court during the 1970s did not seriously consider the equality claims of the women’s movement outside the context of express sex-based classifications.  

                          Finally, we will read and discuss more recent Supreme Court decisions and opinions by individual Justices, which have increasingly—although not yet entirely—come to take seriously the submissions that pregnancy discrimination implicates equal protection, and that access to contraception and abortion are equality rights as well as liberty rights.  Those opinions include Planned Parenthood v. Casey (1992), Nevada Department of Human Resources v. Hibbs (2003), Gonzales v. Carhart (2007) (Ginsburg, J., joined by Stevens, Souter, and Breyer, JJ., dissenting), Burwell v. Hobby Lobby Stores, Inc. (2014), Whole Woman’s Health v. Hellerstedt (2016), and seminal gay rights cases, Lawrence v. Texas (2003) and Obergefell v. Hodges (2015).

                          598

                          Family Creation: A Non-Judicial Perspective 2
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          • Public Interest Certificate: General Elective
                          1. Spring 17
                          2. Spring 19
                          • Reflection Papers
                          • In-class exercise
                          • Class participation

                          This course will focus on the role of the legislative and administrative process in intercountry adoption, wherein a child born in one country becomes part of a family in another.  Intercountry adoption raises complex issues of law and policy, including those relating to the definition of family, state sovereignty, immigration and citizenship, human rights, and ethics and transparency.  Not all countries participating in intercountry adoption are subject to international treaties regarding adoption and related issues.  In nations where the treaties are in effect, implementation through the legislative and administrative process has been characterized by conflict and delay.  At the local level, regulation of intercountry adoption through oversight of adoption agencies and adoptive families, has been uneven.

                          This seminar aims to give students the opportunity to understand the policymaking process by closely examining what has transpired in the field of intercountry adoption in the last 15-20 years, and considering what the future may hold, both within the U.S. and abroad.  Students will be expected to explore and understand the intersection between policy, treaty, and national law, as well as the interrelationship between the legislative and administrative processes.  Because the seminar will examine not only the law within the U.S. but that in other countries, students will be able to explore the differences in culture and policy that exist nation to nation and consider how those differences affect an inherently international issue such as intercountry adoption.

                          Readings will draw from the United States and international sources and will include existing and proposed legislation, existing and proposed administrative regulations, treaty provisions, court decisions interpreting these sources, academic and journalistic writings, and audiovisual materials.

                          599

                          The Federal Prosecutor: A View from the Trenches 2
                          • JD - general credits
                          • International LLM/Exchange/SJD - general credits
                          1. Spring 17
                          • Final Exam

                          This course is designed to put each student into the shoes of an actual criminal prosecutor faced with making split-second judgments pertaining to ethical issues which arise during a prosecution. In addition to an examination of pertinent ethical rules and recent news coverage of prosecutorial misconduct, students will apply ethical rules in the context of three semester-long hypotheticals drawn from actual cases previously prosecuted by the instructors. The goal of this class is to provide students with both a knowledge of the ethics rules and an understanding of how the rules are actually applied in real life. In other words, students will be provided with the opportunity to go behind the headlines and understand how seemingly innocent shortcuts taken during a criminal prosecution often result in a prosecutor's commission of prosecutorial misconduct.

                          Each student will be assigned to one of the three criminal cases and then work the case from the undercover investigation stage through to the trial and sentencing. In addition to advising law enforcement agents (who will appear as guests during the semester) regarding investigative strategy in the hypothetical cases, students will role-play in a mock grand jury setting (conducted at the Federal Courthouse in Raleigh), witness preparation sessions, and in plea negotiations. Guest speakers will also include a victim/witness expert and a criminal defense attorney. The course will culminate with mock trial exercises at the Federal Courthouse in Raleigh, during which time students will be required to handle unexpected ethical dilemmas arising during the course of the mock trial.

                          633

                          Interrogations and Testimony Seminar 2
                          • JD - general credits
                            • Reflection Papers
                            • Final research paper (25+ pages in length)
                            • Class participation

                            This seminar will address the law of questioning in the criminal justice process. We will consider the obligations of suspects, witnesses, law enforcement, prosecutors, and defense counsel when evidence is developed through investigation and testimony. Topics include the protections that arise from the Fifth and Sixth Amendments and their role in police interrogations and trials; the nature and purpose of "confession" in the criminal justice process; the impact of advances in lie detection on criminal procedure; liability for false statements; credibility, impeachment, and the role of cross examination; eyewitness identifications; the use of informants; grants of immunity; and prosecutorial discovery obligations. Course evaluation will be based on written work and class participation. Each student will be responsible for leading one of our weekly discussions. The writing component is designed to accommodate both students with a general interest in the subject area and students who are developing a research agenda in criminal law and procedure. Accordingly, students may elect to write five short papers based on the assigned readings or to complete a sustained research project.

                            636

                            Food, Agriculture and the Environment: Law & 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. Fall 16
                            2. Fall 17
                            3. Fall 18
                            • Reflection Papers
                            • Final paper (10+ pages in length)
                            • Oral presentation
                            • Class participation

                            In many areas of the country, and especially in North Carolina, sustainable, local food markets represent one of the most exciting opportunities for environmental stewardship, economic growth, value-added agricultural niches, job creation, and community building. However, these opportunities require careful and sustained attention to the legal and regulatory requirements at the international, national, state, and local levels, many of which inhibit the development of sustainable, local food systems.

                            The course will focus on (1) the interrelationship of food and agricultural production and environmental sustainability and (2) the ways in which the law influences, and can be used to overcome impediments to, the development of sustainable, local foods-based markets. Students will explore readings from a variety of sources, hear directly from guest speakers from North Carolina's strong network of organizations involved in the local foods movement, and delve into a research project of their own choosing.* Through the semester, students will gain an understanding of how legal rules interact with food safety research, physical infrastructure, personal consumption habits, patterns of private sector investment, race-based and other structural inequalities, to notions of community, underlying cultural and religious values, etc.

                            *This project will allow students to explore an issue of interest and contribute their knowledge to this developing field. Papers may be scholarly in nature, but students are encouraged to shape their projects as practical case studies that directly engage the issues and players in the local foods community.

                            640

                            Independent Study 2
                            • JD - Substantial Research and Writing Project requirement (SRWP)
                            • JD - general credits
                            • International LLM/Exchange/SJD - general credits
                            • International LLM - writing requirement
                            1. Fall 16
                            2. Spring 17
                            3. Spring 18
                            • Final research paper (25+ pages in length)

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

                             

                            645

                            Second Amendment Research Tutorial 2
                            • JD - general credits
                            1. Spring 17
                            • Reflection Papers
                            • Class participation

                            Research Tutorials give students an opportunity to engage with the production of legal scholarship in a substantive and sustained way.  This Tutorial will explore the history of gun rights and regulation in the United States, analyze the Supreme Court’s decision in District of Columbia v. Heller, and suggest doctrinal and theoretical tools with which to implement the new “individual” right to keep and bear arms.  Students will be asked to review and evaluate chapters of a forthcoming manuscript, participate in weekly discussions, and produce research memos in response to class discussions.    Students should expect to generate roughly 20 pages of written work product throughout the semester.

                            Enrollment in the Second Amendment Research Tutorial is limited to 8 students and there is a selection process for students to be enrolled in the course.  Interested students must apply with a statement of interest as follows: 

                            In no more than a page, please explain why you would like to participate in this Research Tutorial, and what you hope to contribute.  Factors could include curiosity or strong views about the Second Amendment, interest in legal scholarship, commitment to research and writing, or other interests and qualifications.

                            Statements of interest must be submitted to Marlyn Dail by the close of business on Tuesday, November 8.  The Registrar's Office will manually enroll the selected students in this course during the drop/add period. 

                             

                            655

                            Spanish for Legal Studies 2
                            • JD - general credits
                            1. Fall 16
                            2. Fall 17
                            3. Fall 18

                            The purpose of the course is to introduce the students to the Spanish legal concepts and technical language used in the civil law tradition as applied in Latin America. The course will focus on Argentinean law. The course seeks to improve the Spanish oral and written communication skills of the students.
                            The course seeks also to expose the students to some of the main issues that may arise in the practice of law dealing with Latin America. Thus, there will be discussion of cultural, historical and political traits of the region in order to provide students with better tools as facilitators of human international relations between English and Spanish speakers, in the context of transnational legal transactions. The overall objective of the course is to enrich the possibilities that Spanish as a second language may bring to the profession.
                            Prerequisite: Spanish language skills sufficient to follow a class, participate and understand the written materials. If you have doubts about the degree of Spanish required please talk with the instructor before registration.

                            El objetivo del curso es familiarizar al estudiante con los principales conceptos juridicos y lenguaje tecnico que se utiliza en la tradicion del derecho civil en la America de habla castellana. El curso hara enfasis en el derecho argentino. Se busca mejorar las habilidades de comunicacion oral y escrita en el idioma castellano.
                            El curso busca tambien explorar algunas de las cuestiones principales que se le pueden presentar a un abogado extranjero en su practica con America Latina. Dentro de este proposito, se discutiran cuestiones culturales, historicas y politicas de America Latina para dotar de mayores herramientas al estudiante como futuro facilitador de la comunicacion humana, incluyendo las transacciones juridicas internacionales, para la utilizacion mas enriquecedora de las posibilidades que brinda un segundo idioma.
                            Pre-requisito: Dominio suficiente del idioma castellano para poder seguir una clase, intercambiar opiniones y comprender los materiales. Si se tiene dudas sobre el nivel de dominio del lenguaje necesario, por favor consulte al instructor antes de registrarse.

                            683

                            Patent Litigation 2
                            • JD - general credits
                            • International LLM/Exchange/SJD - general credits
                            • International LLM, Intellectual Property Certificate
                            1. Spring 18
                            • Reflection Papers
                            • Oral presentation

                            This course will cover the basic aspects of patent infringement litigation, beginning with the pre-suit investigation and covering basic phases of the process through trial, including the initial pleadings, discovery, the Markman claim construction phase, pretrial and trial. The main focus will be on the practical aspects of this growing form of commercial litigation. Students would need to have completed, or be concurrently enrolled in, Patent Law to enroll in this course. Students will be assessed on the basis of two writing assignments, a Markman/claim construction brief and a summary judgment motion, and on an oral argument on their brief.

                            2 credits.

                            704

                            Elder Law 2
                            • JD - general credits
                            • International LLM/Exchange/SJD - general credits
                            • Public Interest Certificate: General Elective
                            • Final Exam

                            This course focuses on the fundamental issues in elder law. The topics range from broad ethical issues (representation, capacity) to an examination of specific laws and practices to assist clients in planning for retirement, possible incapacity, and death. Tax rules governing trusts and estates play important roles in such planning; we will draw on relevant tax laws as needed. Specific topics covered include: special needs trusts and other planning tools for incapacity; guardianships; wills and trusts; Medicare and Medicaid; health care decision-making; long-term care; and social security/income support.

                            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.

                            714

                            Coastal Resilience in the Face of Climate Change 2
                            • JD - general credits
                            • LLM-ICL - general credits
                            • International LLM/Exchange/SJD - general credits
                            • International LLM, Environmental Law Certificate
                            • Public Interest Certificate: General Elective
                            1. Spring 19
                            • Final research paper (25+ pages in length)
                            • Group project
                            • Class participation

                            This seminar will provide students an opportunity to engage closely with emerging law and policy issues associated with the need to increase coastal resilience in the face of climate change.  The recent experiences of both North and South Carolina with Hurricane Florence have highlighted the need for coastal communities to address a wide range of issues associated with climate change.  In addition to designing approaches to increase resilience when faced with storms and rising sea levels, these issues include: (1) information-gathering (via maps, drones, and scientific research about coastal/ocean processes); (2) law and policy refinements (via statutes, regulations, and guidance); and (3) possible litigation to develop useful common law doctrines relevant to the tidelands and the public trust.  Through the use of current cases and policy issues under debate in coastal communities, students will work together to research the most salient questions presented by these issues.  They will analyze relevant facts, laws, policies, socio-economic considerations, and local ordinances, and prepare proposed solutions to these questions in the form of advisory memos and recommendations.  

                            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.

                            720

                            Advanced Copyright: Digital Technologies 2
                            • JD - Substantial Research and Writing Project requirement (SRWP)
                            • JD - general credits
                            • LLM-LE (1 year) - general credits
                            • International LLM/Exchange/SJD - general credits
                            • International LLM, Intellectual Property Certificate
                            1. Spring 17
                            2. Spring 18
                            3. Spring 19
                            • Final research paper (25+ pages in length)
                            • Class participation

                            This advanced copyright course will explore the legal and policy issues arising from the application of copyright law in the digital, networked environment. We will examine how the Copyright Act and traditional copyright doctrines have been adapted and applied by courts in an environment of rapid technological change, and what this means both for creators and users of creative works. The course will give particular attention to the scope and application of the author's various exclusive rights in a digital environment, doctrines of direct infringement and secondary liability as applied to Internet-based businesses and technologies, and questions relating to fair use, first sale, statutory licenses, and other defenses to infringement. We will explore in detail the Digital Millennium Copyright Act, including both the legal framework for the protection of technological protection measures and the safe harbor provisions protecting Internet Service Providers. Exploration of these and other issues will include detailed discussion of current legislative and related policy issues, major recent and ongoing litigation in the areas of Internet file sharing, cloud computing, and online video distribution, and new and emerging issues in the music, movie and interactive gaming sectors. This advanced course assumes a basic understanding of U.S. copyright law. Students should have completed the basic copyright or intellectual property course prior to taking this course.

                            734

                            Evidence in Practice 2
                            • JD - general credits
                            • JD - experiential learning
                            • International LLM/Exchange/SJD - general credits
                            1. Spring 17
                            2. Spring 18
                            • Reflection Papers
                            • Class participation

                            In seminar format, this advanced writing course will give students practical experience in dealing with evidentiary issues in a broad range of hypothetical legal situations based upon real cases. Students should either have previously completed Evidence, Law 245, or be taking it at the same time. Assignments and class discussions will focus on identifying and researching issues that arise in different procedural settings, analyzing them in writing, and presenting analysis orally. Issues relating to evidence and proof do not arise only in trials. They are relevant to attorneys' performance in many other procedural settings; ranging, for example, from mediations and contract drafting to appeals, motion hearings, deposition preparation, and witness preparation for trial and discovery. Instruction and writing assignments will survey burdens of proof and standards of review, the practical aspects and attendant difficulties when a lawyer must use different types of evidence to prove a fact or has no evidence, and ethical and strategic decision-making required in varying evidentiary scenarios.

                            735

                            Advanced Criminal 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. Spring 17
                            • Reflection Papers
                            • Final research paper (25+ pages in length)
                            • Class participation

                            As studied in American law schools, criminal law is not only abstracted from criminal procedure but also centered around core principles (e.g., actus reus and mens rea, justification and excuse) and categories of offense (e.g., homicide, rape, inchoate crimes, and group criminality). Many substantive issues confined to the periphery of a standard criminal law course are of central importance to criminal law in real world practice. Moreover, one of the best ways to refine our understanding of the theoretical core of any subject matter is precisely to probe its periphery. In this seminar we will study important issues around the periphery of criminal law (or at least the periphery of the standard criminal law course), both for their intrinsic significance and for the perspective they may give us on the core of criminal law.

                            This seminar will unfold in three parts dedicated, respectively, to the limits of (a) crime, (b) criminal responsibility, and (c) punishment. In Part I, we will consider the boundaries of crime by reflecting upon several categories of offense that are under-studied in the standard criminal law course and test the limits of the substantive forms of conduct that it is legitimate and necessary to criminalize: possessory offenses (and pretextual crimes), misdemeanors, and theft offenses. In Part II, we will examine the margins of criminal responsibility by considering whether, why, and to what extent the criminal law ought to broaden its focus beyond offenders’ culpability for specific acts to concern itself with their unfair social and economic disadvantages and their criminal histories or lack thereof. In Part III, we will seek a better understanding of the nature and bounds of punishment by thinking about punishment as contrasted with such closely-related phenomena as criminal restitution, collateral consequences of punishment, and preventive detention.

                            737

                            Environmental Litigation 2
                            • 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. Spring 19
                            • Final paper (10+ pages in length)
                            • Practical exercises
                            • Class participation

                            During the past 40 years, environmental litigation in the federal courts of the United States has played an important role in shaping our quality of life.  Federal statutes designed to improve air and water quality, manage waste, protect species, and establish rules for the management of ocean resources have spawned numerous federal cases – some filed by affected industry, some by the government, and others filed by conservation groups and private citizens.  The resulting precedents affect many aspects of the environment in which we live.

                            This course introduces students to the progression of a hypothetical environmental case in United States federal courts.  The course begins with the appearance of a potential client, addresses several considerations relevant to a decision whether to file a complaint, examines discovery planning and execution, studies the preparation of dispositive motions, and concludes with an overview of the appeal process.  The course assumes that the hypothetical case will be decided on motions for summary judgment or for injunctive relief.  Therefore, class discussions focus on the manner in which such a case unfolds, with particular attention to developing both the facts and the theory of the case, framing pleadings, and designing and managing discovery.  The course explores these subjects from the perspective of counsel for defendants as well as for plaintiffs.  Students should emerge from the course better equipped to handle various practical aspects of litigation.

                            738

                            Financial Law and Regulation: Practitioner's Perspective 2
                            • JD - general credits
                            • International LLM/Exchange/SJD - general credits
                            • International LLM, Business Law Certificate
                            1. Spring 17
                            2. Spring 18
                            3. Spring 19
                            • Reflection Papers
                            • Class participation

                            Every aspect of financial law and regulation depends heavily on its daily practice.  The environment changes all the time, and the scope of regulatory discretion, at every level of government (state, federal and international) is so large that successful practitioners must understand the current trends in regulatory thinking and practice.  This course will allow students to dive deep into a different aspect of modern financial regulation every week by bringing in prominent alumni practitioners who are experts in specific areas of the field.

                            The course will be structured as follows:

                            1. Six 4 hour components, focusing on specific aspects of financial practice according to the expertise of the teacher. Lee Reiners will hold an opening 2 hour class session.
                            2. Taught by a series of expert practitioners, who will spend two days at the school. Classes will be held on Thursday and Friday.
                            3. The course is a seminar based on a compilation of readings provided during the course.
                            4. Students will be graded based upon class participation and six, 1,500-word, writing assignments pertaining to each of the six topics discussed by our guest lecturers.

                            Likely topics to be covered include:

                            • Derivatives regulation
                            • High frequency trading
                            • FDIC resolution and the insurance fund
                            • Volcker Rule and Regulation W
                            • Bank capital requirements

                             

                            Class will run from Feb 15th to April 5th and will consist of 13 class sessions that are 2 hours long. Seven class sessions will be on a Friday morning from 9-11am and 6 class sessions will be on Thursday afternoon from 4:00pm to 6:00pm.

                            739

                            Religious Laws 2
                            • JD - Substantial Research and Writing Project requirement (SRWP)
                            • LLM-ICL - writing requirement
                            • International LLM - writing requirement
                            • Public Interest Certificate: General Elective
                            1. Spring 17
                            2. Spring 18
                            • Final research paper (25+ pages in length)

                            Not all law is state law. Among the most important, and challenging, non-state law we confront today are religious laws. Among those is first and foremost Islamic law, but also Jewish law, as well as the laws of other religions like Buddhism and Hinduism. The seminar will serve as an introduction to these laws and their role in the global legal world. We will learn about the nature and structure of different religious laws. We will discuss to what extent we can call such laws laws, and whether we can compare them to each other and to state law. We will ask to what extent state law is also religious. And we will discuss the role that religious law plays for state law today.

                             

                            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.

                            754

                            IP Transactions 2
                            • 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
                            • International LLM, Intellectual Property Certificate
                            1. Spring 17
                            2. Spring 18
                            3. Spring 19
                            • Final Exam
                            • Class participation

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

                            757

                            Artificial Intelligence and Legal Strategy 2
                            • JD - general credits
                            • International LLM/Exchange/SJD - general credits
                            1. Fall 18
                            • Reflection Papers
                            • Final paper (10+ pages in length)
                            • Class participation

                            The purpose of this course is to introduce law students to the use of artificial intelligence in the legal space and to enhance their ability to conceptualize and strategize legal issues and matters more effectively by using AI.  There are classes on the fundamentals of big data and machine learning as well as the ethical, legal, and behavioral issues raised by AI.  Students will be exposed to the latest legal robots involving ediscovery and legal analytics including Everlaw, Lex Machina, Ravel, Ross, and Watson Legal. 

                            Grading will be based on papers addressing a series of legal problems and requesting the students to develop concepts and strategies for their resolution.  There will also be a paper for each student to present their perspectives on the future use of AI in the professional world.

                            760

                            A Practitioner's Guide to Labor Law and Employment 2
                            • JD - general credits
                            • JD - experiential learning
                            • International LLM/Exchange/SJD - general credits
                            • Public Interest Certificate: General Elective
                            1. Spring 17
                            2. Spring 18
                            3. Spring 19
                            • Reflection Papers
                            • Practical exercises
                            • Class participation

                            This course is designed to provide a practical overview of the main labor and employment law issues that arise in the U.S. workplace. Using a variety of approaches to instruction including mock exercises, outside speakers, writing exercises (such as drafting communications to government agencies or corporate clients), and drawing from current developments in the law, instructors familiarize students with the basic concepts underlying the broad range of labor and employment law. Students will explore issues from multiple perspectives including the employee, the employer, the union, and compliance enforcers. As a result of this course, students will attain an advanced, yet practical familiarity with such issues that can be applied in any business context. The course will be co-taught by practicing attorneys who have experience both as private practitioners with large firms and as corporate officers for a Fortune 125 company (former partner in private practice and Senior VP of Human Resources for a Fortune 125 company; General Counsel of a $1 billion privately-held company, formerly Deputy General Counsel with a Fortune 125 company). Students should have taken the basic labor law course or have a familiarity with the National Labor Relations Act and Title VII of the Civil Rights Act. A Liberal Arts background (knowledge of history, sociology, and/or political science) is a plus.

                            Please note that class attendance and active class participation count heavily toward the final grade. Participants should expect several shorter (2-3 pages), practice-oriented writing assignments.

                            765

                            Introduction to Technology in the Law Office 2
                            • JD - general credits
                            • JD - experiential learning
                            • International LLM/Exchange/SJD - general credits
                            1. Spring 17
                            2. Spring 18
                            3. Spring 19
                            • Final paper (10+ pages in length)
                            • Group project
                            • Oral presentation
                            • Practical exercises
                            • Class participation

                            Technology is changing the practice of law in all fields and venues. This course will provide you with the theoretical and practical foundation to understand these changes and to positively impact your firm's or organization's responses to such challenges. Areas of focus include ethical obligations surrounding technology use; privacy and security; practice management; electronic discovery; information literacy (including advanced research techniques) and media literacy; and presentation and courtroom technology. Readings and guest speakers will address both general technological issues as well as specific legal and ethical ramifications. Students will be graded on participation, exercises and a final project that is presented both in class and in writing.

                            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.

                            776

                            Supreme Court Litigation 2
                            • JD - general credits
                            • JD - Substantial Research and Writing Project requirement (SRWP)
                            • International LLM/Exchange/SJD - general credits
                            1. Fall 16
                            2. Fall 17

                            This course has three objectives:  

                            1. To gain a working knowledge of the unique role the Supreme Court plays in our legal system—identifying and resolving important disputed recurring issues of federal law—and of the demands thus placed on lawyers who practice before it;
                            2. To provide a very intense experience in honing your legal writing skills, by the preparation of two short (10-12 page double spaced) briefs reflecting different phases of Supreme Court litigation, each to be prepared over a separate four week period, with on-going one-on-one interaction with the professor and detailed comments on the final brief;
                            3. To study the oral argument process as now practiced in the Court, including moot court arguments be each student in a current case, study of actual arguments from the present Court Term and, if possible, attendance at one or more moot courts by arguing lawyers and discussions with those lawyers.  

                              The uniqueness of practice in the Supreme Court stems primarily from the certiorari process, by which the Court identifies the 1% of petitioning cases it will hear on the merits. Lawyers on both sides must convince the Court that the case at hand does or does not present a legal issue of sufficient moment and controversy as to presently demand the Court's attention. We will discuss in detail the features of a case that enhance or detract from its chances for certiorari.  After a case is granted and goes forward on the merits, the selective nature of the Court's jurisdiction—and its focus on resolving recurring legal issues rather than simply deciding cases—shapes the lawyer's approach to the case in important ways, which will be considered in class sessions dealing with the drafting of merits briefs and the role that amicus briefs play in the Court's work.

                              All of these goals will be pursued through the study of three or four actual cases from the present Term.  The greatest amount of effort, by both the students and the professor, will be invested in the two short brief writing assignments.  These assignments, an Opposition to Certiorari and a Reply Brief on the merits, will demand both an understanding of the nature of the Supreme Court's process and a firm grasp on the law and facts of the particular case.  In both instances you will prepare an outline, meet with the professor to discuss your approach, and then prepare the final brief.  Neither brief will require extensive research beyond the materials cited in the case filings you will be provided with.  Both briefs will demand an ability to think and write in clear simple English, and self-critically evaluate and revise what you have written—with feedback from the instructor - to make it as coherent and persuasive as possible to the Justices and their clerks.    A limited number of students may satisfy the upper-level writing requirement through an additional credit of work and with the permission of the instructor.  

                            778

                            Law & Entrepreneurship 2
                            • JD-LLM-LE - required courses
                            • LLM-LE (1 year program) - required courses
                            1. Fall 16
                            2. Fall 17
                            3. Fall 18

                            This perspectives course serves as an anchor for the E-LLM program. In addition to giving students a theoretical framework through which to understand the relationship of entrepreneurship and law, the course will feature regular opportunities to learn directly from entrepreneurs and entrepreneurial lawyers.

                            785

                            Legal Writing in Civil Practice 2
                            • JD - general credits
                            • JD - experiential learning
                            • International LLM/Exchange/SJD - general credits
                            1. Fall 16
                            2. Fall 17
                            3. Fall 18
                            • Practical exercises
                            • In-class exercise
                            • Class participation
                            • Other

                            Writing is integral to most aspects of state and federal civil law practice including communicating effectively with clients, asserting clients' rights, and advocating for clients in litigation. This two-credit hour advanced writing course helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs. Assignments will be based on a number of substantive issues of statutory and common law including property, contracts, torts and civil procedure. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions with students building a portfolio of their work during the course of the semester. Research skills will be reviewed and practiced. In addition to content analysis and structure, emphasis will be placed on the ethical and professional considerations involved with each assignment. The semester will culminate in oral arguments on motions before members of the bench and bar.

                            787

                            Writing: Electronic Discovery 2
                            • JD - general credits
                            • JD - experiential learning
                            • International LLM/Exchange/SJD - general credits
                            1. Spring 17
                            • Final paper (10+ pages in length)
                            • Practical exercises
                            • In-class exercise
                            • Class participation
                            • Variable by section
                            • Other

                            This two-credit-hour advanced writing course will help prepare students for the types of writing that are common to complex civil litigation, while introducing them to electronic discovery, with a focus on practice in a large law firm. Because most complex civil litigation and federal white collar investigations now involve e-discovery, understanding the financial, organizational, and ethical challenges it poses is critical to today's practitioners. Writing assignments will all surround one hypothetical federal lawsuit that raises common e-discovery issues. Students will be associates in a hypothetical law firm and will handle the e-discovery aspects of the firm's defense of the lawsuit.

                            Priority in registering for this course is given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LLM students are allowed to enroll if fewer than fourteen J.D. students enroll.

                            789

                            Writing: Federal Litigation 2
                            • JD - general credits
                            • JD - experiential learning
                            • International LLM/Exchange/SJD - general credits
                            1. Spring 17
                            2. Spring 18
                            • Reflection Papers
                            • Final paper (10+ pages in length)
                            • Oral presentation
                            • Practical exercises
                            • In-class exercise
                            • Class participation

                            This course will provide students with the opportunity to learn several different types of persuasive writing used in federal litigation. The course will focus on one hypothetical matter involving federal law.

                            Priority in registering for this course is given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LLM students are allowed to enroll if fewer than fourteen J.D. students enroll.

                            791

                            Judicial Writing 2
                            • 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. 

                            796

                            Writing in Civil Practice: Sport Arbitration 2
                            • JD - general credits
                            • JD - experiential learning
                            • International LLM/Exchange/SJD - general credits
                            1. Fall 16
                            2. Spring 18
                            • Final paper (10+ pages in length)
                            • Practical exercises
                            • Class participation

                            This advanced writing seminar will help prepare students for the types of writing that are common to all civil litigation, while introducing them to oral and written advocacy in an arbitral setting. As access to courts becomes increasingly difficult due to overcrowding and budgetary constraints, and given the limited number of cases that make it to trial due to the cost of litigation, familiarity with the process of litigating in an alternative forum is critical for today's practitioners. Assignments will arise from a hypothetical arbitration over the proper interpretation of a provision in a collective bargaining agreement between a sports organization and its players' union. .