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 filters92 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

101

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

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

110

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

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

120

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

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

130

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

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

140

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

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

170

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

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

180

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

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

190

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

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

200

Administrative Law 3
  • JD - general credits
  • International LLM - New York Bar Exam
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Final Exam

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

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.

203

Business Strategy for Lawyers 3
  • JD - general credits
  • JD-LLM-LE - required courses
  • LLM-LE (1 year program) - required courses
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Midterm
  • Group project
  • Class participation

This course presents the fundamentals of business strategy to a legal audience. The class sessions include traditional lectures and business-school case discussions. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected for both their business strategy content and their legal interest.

The course is designed to introduce a wide variety of modern strategy frameworks and methodologies, including methods for assessing the strength of competition, for understanding
relative bargaining power, for anticipating competitors' actions, for analyzing cost and value structures and their relevance to competition, and for assessing potential changes in the scope of the firm (diversification and vertical integration). Basic mastery of these tools has relevance to everyone seeking a career in business or those advising business managers or executives.

Students taking this course should have completed a course (or its equivalent) in introduction to microeconomics as an undergraduate and be comfortable with use of graphs.

Students enrolled in Business Strategy must (a)have previously taken or be concurrently enrolled in Analytical Methods OR (b) have taken an undergraduate course in economics. Students that currently hold an MBA or enrolled in the JD-MBA program may not take this course. THIS IS A FAST TRACK COURSE.

205

Antitrust 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • International LLM, Intellectual Property Certificate
  1. Spring 17
  2. Fall 17
  3. Fall 18
  • Final Exam

This course covers the fundamentals of United States antitrust law as well as the underlying legal and economic theory. Topics include (i) horizontal restraints of trade such as cartels, oligopolies, and joint ventures; (ii) monopolization and the conduct of dominant firms; (iii) vertical restraints of trade between suppliers and customers such as resale price maintenance, territorial and customer restrictions, tying arrangements, exclusive dealing contracts, bundled and loyalty pricing; (iv) mergers; and (v) the intersection between antitrust and other areas of law, such as procedure, intellectual property, and the First Amendment.

A final exam will be offered.

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.

207

Sports and the Law 3
  • 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 18
  3. Spring 19
  • Final Exam

Sports occupies a central place in modern society. It constitutes a significant sector in the economy and an important form of cultural expression. This course examines the legal relations among the various parties in sports at both the professional and amateur levels. Particular attention will be given to the importance given to the maintenance of competitive balance and its impact on traditional notions of competition that apply in other business settings. Contracts law, antitrust law, and labor law provide the essential core for the investigation of issues in this course. In addition, this course seeks to provide an informed perspective on the financial and business structures that define the industry.

210

Business Associations 4
  • JD - general credits
  • JD-LLM-LE - required courses
  • International LLM - New York Bar Exam
  • International LLM, Business Law Certificate
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Final Exam

This course surveys the law providing ground rules for the organization, internal governance, and financing of corporations and other forms of business associations such as partnerships and limited liability companies. Topics include limited liability, fiduciary duties, shareholder voting, derivative suits, control transactions, mergers and acquisitions, public contests, and trading. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on business associations, among others.

215

Commercial Transactions 4
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Spring 17
  2. Spring 19
  • Final Exam

A study of basic policy choices made in the structuring of the law governing consumer and commercial transactions. The course serves as an overview of the role of debt in US society, especially consumer debt. This course looks at common debt arrangements, bankruptcy, and secured lending, both for personal property and for real property (mortgages). Particular attention is given to the lessons learned, and not learned, in the recent mortgage crisis. The course weaves discussions of major policy issues on excessive consumer and student debt with the substantive rules that define how debt arrangements are structured and then resolved, as in bankruptcy. Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law.

218

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

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

220

Conflict of Laws 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM - New York Bar Exam
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final Exam
  • Class participation

A study of the special problems that arise when a case is connected with more than one state or nation. Topics include the applicable law (choice of law), personal jurisdiction, and the recognition and effect of foreign judgments.

225

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

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

226

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

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

229

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

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

232

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

A study of the law of employment discrimination, focusing mainly on the federal law that prohibits discrimination based on race, sex, age, religion, and disability. Issues of both practice and theory are discussed.

235

Environmental Law 3
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Spring 18
  3. Fall 18
  • Final Exam
  • Group project
  • Class participation

This course examines the large and growing body of law addressing relationships between human activities and the environment, including the legal regimes governing air, water, toxic chemicals, hazardous waste, resource use, biodiversity and ecosystems, and climate change. The course assesses key features of these legal regimes, including the array of rationales for environmental protection (ethical, economic); the choice of policy instruments (e.g. standards, taxes, trading, information disclosure); the roles of different branches of government (legislative, executive, judicial) and levels of government (local, state, national, international), and of non-governmental actors; and the skills of policy analysis, policy design, and regulatory and statutory construction. Throughout the course, we will study how each component of this body of law handles four key questions: How serious a problem (risk assessment and priority-setting)? How much protection is desirable (risk management and tradeoffs)? How to achieve this protection (instrument choice)? Who decides and acts upon these questions (federalism, branches and levels of government, and institutions)? The focus is on the U.S. legal system, with some comparative analysis of the law in other countries and international regimes.

This course, Law 235, is intended for professional and graduate students, and is also cross-listed as Environ 835 in the Nicholas School of the Environment. Professional and graduate students in the Nicholas School who would like to enroll in this course under Environ 835 should contact the NSOE Office of Academic & Enrollment Services, Erika Lovelace, e-mail or telephone 919-613-7459. (The Law School and the law professor teaching this course do not have "permission numbers.") (Professional and graduate students in the Sanford School of Public Policy, or other schools outside the Law School, should also contact the Nicholas School's office of Enrollment Services to enroll in Environ 835.) For undergraduate students, the Nicholas School offers a different course, Environ 265.

236

International Human Rights 3
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
    • 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 also engages with the controversies that arise at the intersection of human dignity, state sovereignty, and efforts to use international law to promote world order. It emphasizes (1) specific "hot button" topics within human rights law, such as extraordinary renditions, the death penalty, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies in international and domestic legal systems that interpret and implement legal rules relating to these and other human rights topics; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated.

    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.

    245

    Evidence 4
    • JD - general credits
    • International LLM - New York Bar Exam
    • Public Interest Certificate: General Elective
    1. Fall 16
    2. Spring 17
    3. Fall 17
    4. Spring 18
    5. Fall 18
    6. Spring 19
    • Final Exam

    This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases.

    250

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

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

    252

    Foreign Relations Law 3
    • JD - general credits
    • LLM-ICL - general credits
    • International LLM/Exchange/SJD - general credits
    1. Fall 16
    2. Fall 17
    • Final Exam

    This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.

    255

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

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

    260

    Financial Accounting 3
    • JD - general credits
    • 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
    • Final Exam

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

    265

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

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

    270

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

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

    275

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

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

    285

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

    The course examines the basic principles of labor law: a body of rulings, regulations, and legislative acts governing the rights of workers to form a union and collectively bargain over workplace terms and conditions. It focuses on the major federal legislation in this area - the National Labor Relations Act - as opposed to other laws governing workplace conduct (wage-hour, anti-discrimination, etc.), state laws, or those pertaining to public sector employees. The class covers the history of the Act, who is covered under its provisions, the jurisdiction of the National Labor Relations Board and judicial review of its actions, how unions are formed, collective bargaining, unfair labor practices and the procedures to remedy same, and economic weapons used in labor disputes (strikes, boycotts, lock-outs, etc.).  The class also analyzes labor law from a multi-disciplinary perspective, with attention given to psychology, economic history, politics, and emerging cultural trends (the rise of social media as a means of union organizing, for example). It is taught using a combination of lecture, case analysis, and classroom simulations. It is the goal of this course to provide the student a firm grounding in the basics of labor law, with a practical appreciation of the passions labor conflict generates.

    287

    Principles of Commercial and Bankruptcy Law 4
    • JD - general credits
    • JD-LLM-LE - general credits
    • LLM-LE (1 year) - general credits
    • International LLM - New York Bar Exam
    • International LLM/Exchange/SJD - general credits
    • International LLM, Business Law Certificate
    1. Fall 16
    2. Fall 17
    3. Fall 18
    • Final Exam

    This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. The course will start with a brief overview of the more innovative aspects of sales law, and then will introduce such basic commercial law concepts as letters of credit, documents of title, and negotiable instruments.

    The course then will focus on secured transactions under Article 9 of the Uniform Commercial Code, including the concepts of security interests, collateral, perfection and priority, and foreclosure. That will bring in the natural interplay with such bankruptcy law concepts as property of a bankrupt debtor's estate, automatic stay of a foreclosure action, use by a debtor of property subject to a security interest, adequate protection of the secured party's interest, rejection of executory contracts, bankruptcy trustee's avoiding powers, preferences, fraudulent conveyances, postpetition effect of a security interest, set-offs, and subordination. The course also introduces principles of international insolvency and bankruptcy.

    Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law. This course (Principles) is intended to give a solid, conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice.

    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.

      295

      Trusts and Estates 3
      • JD - general credits
      • International LLM - New York Bar Exam
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Spring 19
      • Final Exam
      • Class participation

      An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

      304

      Big Bank Regulation 4
      • JD - general credits
      • 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
      • Final Exam

      Banking has evolved rapidly in just a few years. Global trade and investment has been supported and promoted by an emerging global financial system. This has in turn encouraged the growth of giant universal banks, based in the United States, the United Kingdom, mainland Europe, and in China and Japan. Most modern banks of any significant size (greater than $100 billion in total assets) have transnational and often truly global operations, but they also create major new risks and regulatory challenges. The debate over big banks and "too big to fail" concerns continued to be an important public policy concern in the 2016 Presidential election campaign. Since the Global Financial Crisis of 2008, the largest in a long run of domestic and international crises since the Great Depression of the 1930s, a new “Dodd-Frank” and “Basel III” framework has been emerging.  This framework has fundamentally changed the way in which such financial institutions are regulated.  After nearly a decade of reform, however, the framework remains fundamentally controversial, at least in the United States, and executive and congressional efforts to reverse the Dodd-Frank and Basel models are currently on the main national political agenda. 

      The walls between the three main sectors of finance - banking, securities and insurance - have broken down, yet at their core banks continue to be somewhat unique in their functions and the challenges they present for financial stability. This course will review all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and  future challenges and prospects for global and domestic financial reform.

       

      306

      Corporate Crime 4
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Business Law Certificate
      1. Fall 16
      2. Fall 17
      3. Spring 18
      • Final Exam
      • Class participation

      This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice. The course will give students a first exposure to: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers involved in potential criminal violations (and certain civil analogues); and (2) the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context.

      This field is large, complex, and developing rapidly. This course therefore can cover only a selection of topics, and will emphasize policy and the need to confront gaps and uncertainty in doctrine. As there is no unitary body of black letter law in this field, this is not that kind of course. Coverage is likely to include mail and wire fraud, perjury and obstruction of justice, securities fraud (including insider trading and accounting fraud), the Foreign Corrupt Practices Act, corporate criminal liability, grand jury powers and procedure, representation of entities and individuals, the Fifth and Sixth Amendments in the corporate context, plea and settlement agreements, and sentencing.

      The materials consist of a course pack and occasional handouts. Assigned reading averages about 80 pages per week. The grade will be based primarily on a take home exam, with some weight given to class participation. Use of laptops, smartphones, tablets, and the like will be prohibited during class meetings.

      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.

        313

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

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

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

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

         

        315

        Complex Civil Litigation 3
        • JD - general credits
        • JD - experiential learning
        • International LLM/Exchange/SJD - general credits
        1. Spring 17
        2. Spring 18
        3. Spring 19
        • Final Exam
        • Oral presentation
        • In-class exercise

        This is an advanced civil procedure class taught in the Moot Courtroom for those interested in large scale litigation, with an emphasis on practical application and stand-up courtroom 3-minute "mini- oral arguments" on many of the key cases. The course will focus on the problems of large multi-party and multi-forum civil cases and how courts and litigants deal with them. Coverage will include the practical steps litigators need to take as well as decision points at the outset of litigation, joinder devices, especially (but not only) class actions; federal multi-district transfer and consolidation; litigation over the appropriate federal or state forum, coordination among counsel in multi-party cases, ethical issues, big-case discovery problems; ad hoc federal-state litigation coordination; judicial case management techniques and issues; and ways of accelerating or terminating potentially or actually protracted cases, including settlement, alternative dispute resolution, representative trials, mini-trials and claims processing facilities.

        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.

        322

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

        A comprehensive course on the law of literary and artistic property, with emphasis on mastering the technical intricacies of the 1976 Copyright Act and its many complex recent amendments, including the cyberspace rules introduced by the Digital Millennium Copyright Act. Subject matter treated will include literary characters; musical works; pictorial, graphic, and sculptural works; industrial designs; motion pictures and plays; sound recordings; computer programs and databases. Throughout the course effort is made to clarify the relations between artistic property and industrial property (especially trademarks and unfair competition law) in the United States and at the international level. Students are encouraged to think critically about the unresolved economic and policy issues facing creators and innovators in an Information Age, issues that often reflect a larger, ongoing debate within the framework of the world's intellectual property system, and the course will prepare them for the practice of copyright law at any level.

        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.

        325

        Corporate Finance 3
        • 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
        • Practical exercises

        This course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has blurred. Whether negotiating a merger agreement, acquisition, or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side-by-side. Lawyers without an appreciation of the basics of corporate finance are at a distinct disadvantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages. Even students who do not plan to venture into the corporate world will benefit from this course. The financial principles covered are essential for lawyers intending to do estate or tax planning, litigate divorces, or draft the compensation agreements for business entities of all types.
        Topics include: the time value of money; the relation between risk and return; the workings and efficiency of capital markets; behavioral finance; valuing perpetuities and annuities; valuing corporate securities (stock, bonds, and options); valuing businesses as a going concern; optimal capital structure and dividend policies; debt covenants and other lender protections; basic financial accounting; derivatives; and the application of these principles to legal practice.

        326

        Corporate Taxation 3
        • 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
        • Class participation

        A study of the provisions of the Internal Revenue code governing the tax effects of the major events that occur in the life span of a corporation, including the taxation of distributions to shareholders and the formation, reorganization, and liquidation of corporations.

        No papers are required, but class participation is expected. Students interested in taxation should take this course; it also has application to general corporate practice (mergers and acquisitions).

        It is strongly recommended that students take Business Associations before taking Corporate Taxation.

        327

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

        The course will examine the legal framework governing energy production and consumption in the United States, and policy approaches for balancing energy needs with other societal goals. The course will include three main modules: (1) electricity sector regulation; (2) energy resources for electricity generation; and (3) oil and gas law. Key themes will include:

        (1) The historic origins of public utility regulation;
        (2) The major U.S. laws that govern energy production and use;
        (3) The distinct roles of the federal and state governments; and
        (4) Efforts to manage competing societal interests.

        333

        Science Law & Policy 3
        • JD - general credits
        • LLM-LE (1 year) - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Environmental Law Certificate
        • International LLM, Intellectual Property Certificate
        1. Fall 16
        2. Fall 17
        3. Fall 18
        • Final Exam
        • Reflection Papers
        • Practical exercises
        • In-class exercise
        • Class participation

        What are the government policies that support science? How is science regulated and controlled? What can science contribute to law and policy? How do the states, the federal government and international agencies interact to set science policy? How do disparate regulations and law impact research and translation? How is scientific research funded? These questions and more will be explored by looking at the interaction of law, science, and policy. The class is a mix of law, ethics and science students, and learning how to talk to one another in a common language is an important element of the course. Classes will include consideration and analysis of cases studies. There are no prerequisites for the course, and there is no requirement that students have either graduate or upper-level undergraduate training in the sciences. Course evaluation will be based on class participation, student presentation, weekly discussion questions, a short paper, and a final exam.

        334

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

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

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

        335

        Private Equity and Hedge Funds 3
        • 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 18
        3. Spring 19
        • Final Exam
        • Practical exercises

        Course Description:  The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention, particularly since the global financial crisis.  Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality.  This course introduces private equity and hedge funds from the perspectives of finance, regulation, and legal practice, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise.  Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform.  Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.

        Grading:  Grades will be based solely on a closed-book final examination.

        Prerequisites:  Students must have completed or be concurrently enrolled in Business Associations or a similar introductory course on business organizational law/company law taken at another law school (whether in the U.S. or abroad).  Prior coursework in securities regulation and taxation may be useful, but is not required.

         

        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.

        341

        FDA Law & Policy 3
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Intellectual Property Certificate
        • Public Interest Certificate: General Elective
        1. Spring 17
        2. Spring 18
        3. Spring 19
        • Final Exam

        Introduction to basic principles of food and drug laws and examination of how significant doctrines of constitutional, administrative, and criminal law have been elaborated and applied in the food and drug context. The United States Food and Drug Administration has a pervasive role in American society: it is often said that the agency regulates products accounting for twenty-five cents of every dollar spent by consumers. Exploration of the complex interplay of legal, ethical, policy, scientific, and political considerations that underlie the FDA's regulatory authority, its policy-making, and its enforcement activity. 3 units.

        342

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

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

        343

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

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

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

        344

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

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

        Federal Courts I (Fall 2015) is not required.

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

        345

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

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

        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
        • Final Exam
        • Class participation

        This course opens – and may well close – with the Supreme Court’s impending consideration of the amended “travel ban” in Trump v. Int’l Refugee Assistance Project and Trump v. Hawaii. Discussion on that policy, lower court cases and Supreme Court briefs will serve as a primer on the federal constitutional powers and checks on immigration. We will then review historic constitutional precedents with emphasis on how they underpin and influence contemporary judicial interpretation.

        From there, the course surveys the essential elements of immigration and nationality law and attendant procedures: the law of citizenship and naturalization, admission and removal, alien detention, asylum and other relief, and purportedly non-derogable protections under international conventions as implemented by U.S. law. Each week’s discussion on these subject matters will commence with a recent, significant and often controversial dispute, and examine how statutes, regulations, and precedents have guided, for better or worse, an actual or likely resolution.  This course will require significant classroom participation. 

        There will be a comprehensive, final in-class exam. The course grade will be based on class participation and the final exam.

        359

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

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

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

        360

        International Taxation 3
        • 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
        • Final Exam

        The course explores both the existing tax rules and the widespread policy concerns under discussion in the US and globally about current international tax law.

        361

        International Trade Law 3
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Environmental Law Certificate
        • International LLM, Business Law Certificate
        1. Spring 17
        2. Spring 18
        3. Spring 19
        • Final Exam
        • Class participation

        International trade and the World Trade Organization attract a lot of attention and debate. Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians – even ones who purportedly support free markets – often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? In this course, we will examine why the WTO exists, how it developed from the GATT and how it fits in the international economic order (Part I). The course will offer you an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example on trade remedies (subsidies, anti-dumping and safeguards). From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases (Part II). It will conclude by examining U.S. trade law – particularly the widely-used trade remedies laws – and assessing not only the practice of international trade law in the United States, but also whether these laws actually achieve their supposed policy objectives (Part III). Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam.

        363

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

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

        368

        Natural Resources Law and Policy 2
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Environmental Law Certificate
        • Public Interest Certificate: General Elective
        1. Spring 17
        2. Spring 19
        • 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.

        369

        Patent Law and Policy 3
        • JD - general credits
        • JD-LLM-LE - general credits
        • LLM-LE (1 year) - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Intellectual Property Certificate
        1. Fall 16
        2. Fall 17
        3. Fall 18
        • Final Exam

        This course provides a comprehensive introduction to patent law and policy. No technical background is required. The course begins by addressing the history of patents as well as the policy arguments for and against using patents as a mechanism for inducing innovation. Following this introduction, students learn the basics of patent drafting and prosecution, patent claims, and claim construction. The class then addresses in depth the central patentability criteria of subject matter, utility, nonobviousness, and disclosure. Other topics of importance that are covered in the class include: the relationship between patents and other forms of intellectual property protection, particularly trade secrecy and copyright; the intersection of patent and antitrust law; the role of the two major institutions responsible for administering the patent system, the Patent and Trademark Office and the Court of Appeals for the Federal Circuit; and the role of patents in the two major industries of the knowledge-based economy, information technology and biotechnology.

        375

        International Intellectual Property 3
        • JD - general credits
        • LLM-ICL - 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 17
        2. Fall 17
        3. Spring 19
        • Final Exam

        This course surveys international intellectual property law as reconfigured by the new universal standards of protection embodied in the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which is a component of the Agreement Establishing the World Trade Organization of 1994. Although some contextual materials on trade policy will be read, the course will not focus on general principles of international trade law. Rather, it will focus on the legal and economic implications of the new international intellectual property standards in the light of prior Conventions, with particular regard to such topics as patents; copyrights and related rights (including software, databases, sound recordings); trademarks; integrated circuit designs; trade secrets; and industrial designs. The new WIPO treaties (Dec. 1996) governing copyright law in cyberspace will also be covered. Other topics will include the interface with antitrust law; the enforcement provisions (i.e., civil and criminal due process); dispute resolution (including all the new WTO decisions on intellectual property); and the overall implications for global competition between developed and developing countries in an integrated world market.

        376

        Combatants, Brigands, Rebels, and States: The Law of Transnational Terrorism 3
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        1. Spring 17
        2. Spring 18
        3. Fall 18
        • Final Exam
        • Class participation

        Since September 11, 2001, transnational terrorism has been treated as both crime and war.  Accordingly, the U.S. and other states have captured and held members of Al Qaeda and associated forces as law-of-war detainees, targeted such individuals in major military operations and surgical strikes on the territories of (certain) third-party states, and have prosecuted suspected members of those groups, for “terrorism” offenses and for “war crimes,” in civilian courts and military tribunals.  This course will explore the reasons for this novel development and consider its ramifications for public international law, the law of war, and U.S. constitutional law.  

        The reasons for the peculiar legal posture of transnational terrorism are best understood in the context of broader trends in the history of international law.  In 1880, a leading international law treatise stated as axiomatic that “[p]rima facie, a state is responsible for all acts . . . within its territory by which another state is injuriously affected.”  By 2007, the International Court of Justice, ruling on states’ duties under the Genocide Convention, stressed that the Court did not “purport to find whether . . . there is a general obligation on states to prevent the commission . . . of acts contrary to . . . norms of general international law.”  The intervening century had witnessed a diminution in the recognition and enforcement of interstate duties and an increase in states’ acting directly on alien individuals in foreign territories.  Those trends were reflected in claims to a “protective principle” of extraterritorial criminal jurisdiction over aliens in the nineteenth century, the addition of “targeted sanctions” against aliens abroad at the close of the twentieth century, and the emergence, most recently, of “targeted killing” of—or, more broadly, “armed conflict” against—private actors abroad in the twenty-first century.  
         
        The course will examine the implications of these developments for the interstate system itself, the law of war (in particular, the distinction between combatants and civilians that forms the core of the jus in bello), and the structures of the U.S. Constitution governing war, crime, and military jurisdiction.

        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.

        384

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

        A study of the federal and state securities laws and the industry they govern with emphasis on the regulation of the distribution process and trading in securities; subjects dealt with include the functions of the Securities and Exchange Commission, registration and disclosure requirements and related civil liabilities, "blue-sky" laws, proxy solicitation and reporting requirements, broker-dealer regulation, the self-regulatory functions of the exchanges, and the regulation of investment companies.

        390

        Structuring and Regulating Financial Transactions 2
        • JD - general credits
        • LLM-LE (1 year) - general credits
        • International LLM - New York Bar Exam
        • International LLM, Business Law Certificate
        1. Spring 17
        2. Spring 18
        3. Spring 19
        • Final Exam

        In this exciting, innovative, and important area of legal practice, companies domestically and worldwide raise money through an array of structures intended to separate “financial” assets—effectively rights to (or expectations of) payment—from the risks associated with the company.  The assets are then dedicated to repayment of capital market securities.  Sometimes referred to as structured finance or securitization, this approach creatively brings together many fundamental legal disciplines, including bankruptcy, securities law, corporation law, secured transactions, finance, and tax.  Using structured finance as an organizing principle, this course teaches the critical aspects of these disciplines that you are likely to encounter in practice.  In addition, the course introduces important commercial financing techniques and concepts, including guarantees, loan agreements, legal opinions, and letters of credit, as well as interest rate and currency swaps and other derivative products.  Furthermore, the course addresses how the capital markets work, including the role of rating agencies, and touches on the cross-border and transnational considerations that are essential to modern business transactions.  It also shows how structured finance principles can be applied broadly, such as to international project-finance transactions and to microfinance.  Finally, the course examines the ethics and efficiencies of “deconstructing” companies in this manner, including the use and possible abuse of special purpose entities and the potential to generate unanticipated consequences, as occurred in the 2007-09 financial crisis.

        There is no formal prerequisite.  The class will be challenged to identify problems and find real-life, creative solutions.  A student without any business-law background should still be able to master the course because the relevant legal principles will be learned and applied along the way, in the same manner that a good practitioner learns. 

        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.

        470

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

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

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

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

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

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

        501

        Civil Litigation in U.S. Federal Courts: Transnational Issues 3
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        1. Spring 17
        2. Fall 17
        • 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. The course focuses on the litigation of these topics in U.S. courts, but it also compares how similar issues are addressed in the European Union and Latin America.

        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.

        511

        International Criminal Law 3
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        1. Spring 17
        2. Spring 19
        • Final Exam

        "An international crime," wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law.  Such a branch of international law does not exist."  This course will begin by probing the concept of international criminal law.  What does it mean to say that certain conduct constitutes an "international crime"?

        What are the objectives of such a legal regime?  We will then examine the law of genocide, war crimes, crimes against humanity, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

        524

        Health and Medical Research for Lawyers 1
        • JD - general credits
        • Public Interest Certificate: General Elective
        1. Fall 16
        • Final Exam
        • Practical exercises
        • Class participation

        This one-credit advanced legal research seminar will introduce students to specific sources and strategies for researching health and medical legal topics, including the right to health care, pharmaceutical and medical device regulation, Stark and anti-trust laws as applied to the health care industry, medical malpractice and standards of care, and medical ethics and experimentation. This course will cover key primary and secondary sources for health and medical law research, including statutes, regulations, and agency materials. The research skills practiced in this course will also be useful for other topical legal areas. Grading will be based on class participation, short in-class or take-home exercises, and a final take-home exam.

        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.

        540

        Startup Law: Representing the Company 3
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        1. Fall 18
        • Final Exam
        • Class participation

        This course takes students through the legal issues likely to present themselves in the lifecycle of a high growth technology company from inception/incorporation through acquisition (the typical liquidity event). Startup Law exposes students to the types of issues, questions and documentation that they encounter as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations. While the content is similar to Law 534 Advising the Entrepreneurial Client, this does not satisfy the requirements for the JD/LLMLE nor the LLMLE. Business Associations highly recommended as a prerequisite but may be taken as a co-requisite. Final grade based on exam and in class participation.

        541

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

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

        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
        • 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.

        553

        Empirical Research Methods in Law 1
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        1. Fall 16
        2. Fall 18
        • Final Exam, option
        • Final paper (10+ pages in length), option
        • In-class exercise

        There are three major objectives for this course: (1) to provide you with a substantive understanding of empirical methods and an opportunity to learn the principals of these methods with hands-on experience with easy-to-use statistical software (e.g., Excel and Stata); (2) to develop skills to choose and work with experts, and the ability to develop and refute quantitative evidence; and (3) to develop the necessary skills for critical thinking and evaluation of empirical work in academic studies and expert witness reports.

        The course will be divided into three major components. The first section of the course will introduce a broad range of topics in methodology, from study design and hypothesis testing to descriptive statistics and multivariate regression techniques in the context of legal issues faced by practicing attorneys. The second section will include a series of lectures by judges and empirical scholars with a wealth of experience working with and as expert witnesses. The final section of the course will utilize this new knowledge and training to critically evaluate empirical scholarship and expert reports. Together, these course components will provide you with a comprehensive background in empirical methods and will prepare you for sophisticated and critical consumption of statistical analyses. The course also will equip those of you who are interested in pursuing academia with a foundation in quantitative research to produce empirical scholarship.

        Participation during class is strongly encouraged, and computers are allowed in the classroom. Course grades will be based on class participation (10%), hands-on exercises (10%), and a discussion paper (80%).  For the paper, you will be asked to evaluate an Expert Report and discuss the strengths and weaknesses of the study based on the research methods covered in this course. You have the option to take an in-class exam as a substitute for the paper.

         

        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.

        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
        2. Spring 19
        • 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

        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.

        639

        Structuring Venture Capital and Private Equity Transactions Course Plus Offering 1
        • JD - general credits
        • LLM-LE (1 year) - general credits
        • International LLM/Exchange/SJD - general credits
        • Final Exam

        This course-plus component to the Structuring Venture Capital and Private Equity Transactions class will provide students with an intense, practical skills course that will teach basic and advanced document drafting skills, transaction strategy and business analysis for these types of deals. The class will focus on the basics of structuring a target organization and strategizing, preparing and negotiating the documentation for a strategic acquisition. Students will be exposed to transaction documents relevant to a strategic acquisition, including, among other things, term sheets and charters. Skills acquired in this course-plus offering will be translatable to other areas of practice and types of transactions and will provide aspiring lawyers and business people with a legal and business foundation that is critical to excelling in the corporate world.

        In order to be enrolled in this course you must be concurrently enrolled in LAW 358 Structuring Venture Capital & Private Equity Transactions.

        702

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

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

        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.

        722

        International Business Law 3
        • JD - general credits
        • LLM-ICL - 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

        The goal of this course is to provide students with a broad overview of how international rules shape global commerce. It will serve as a foundation in international law for students who never plan to take another international law course but also serve as a roadmap of the possibilities for international law study (and careers) for students who want to do more with international law. The course begins with private, cross-border contracting, then moves on to public international law agreements as well. We start with conflict of law rules as well as international treaties designed to coordinate contract law (CISG). From there we dive into the world of private international arbitration, including questions of when state should not permit international arbitration. The course will also covers torts claims, particularly under the Alien Torts Claims Act. We will examine the Bhopal litigation before moving on to some of the cases that have been brought against major oil companies by citizens of developing countries. At that point, the course pivots towards more public law issues that govern international transactions. We look at the Foreign Corrupt Practices Act as well as the OCED Anti-bribery Convention. Finally, we turn to the major treaty regimes on economic subjects, including multilateral trade agreements and the network of bilateral investment treaties.

        GRADING: Grades are based on an exam.

        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
        • 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.