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 filters44 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

740

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

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

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.

242W

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

While enrolled in Law 242 Social Justice Lawyering, with prior professor approval, students may submit a 30-page research paper and earn an additional one credit for the course.  This paper is in addition to all the other course requirements, including the five written assignments, but may be related to your case study presentation. 

The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement.  You must meet with Professor Berlin or Gordon by September 1, 2017, which is the last day of the drop-add period, if you would like to seek an additional credit and if you plan to use your paper to satisfy one or more of these requirements.

288

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

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

311

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

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

320

Water Resources Law 2
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Final research paper (25+ pages in length)

This survey course studies the legal and policy issues governing water resource allocation in the United States. Students will be introduced to both the Prior Appropriation systems of the western United States and the Reasonable Use systems dominating the eastern states. We will study the law applied to groundwater use as well as issues of federalism. Examples from disputes around ACF basin and the Colorado River will be contrasted. We will examine the issues from the perspective of different user groups.

 

321

The Law and Policy of Innovation: the Life Sciences 3
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Intellectual Property Certificate
  1. Spring 17
  2. Spring 18
  3. Spring 19
  • Reflection Papers
  • Final research paper (25+ pages in length)
  • Class participation

This course analyzes the legal and policy regimes that shape the introduction of new products, processes, and services in the life science industries. Innovation in biopharmaceuticals, medical devices, health services, and health care delivery is central to the heavily regulated life sciences sector, and thus the sector offers a window into multiple intersections of scientific innovation, regulatory policy, and law.  Innovation in this sector is also shaped by multiple bodies of law (e.g. intellectual property law, FDA law, federal and state-based insurance and professional regulation, antitrust, tax), each with its own private and public constituencies, and therefore offers an opportunity to assess how different bodies of law approach the common issue of innovation.  Although this course focuses on innovation in the life science industries, this focus will produce lessons for innovation policy in other regulated and less-regulated industries. 

329

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

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

368

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

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

371W

Products Liability, Writing Credit 1
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Spring 18
  • Final research paper (25+ pages in length)

While enrolled in LAW 371 Products Liability, students may submit a 30+ page significant research paper which would be eligible for satisfaction of the JD-ULWR.

448

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

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


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


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


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


    Clinic Contact Information:
    Phone: 919.613.7049
    Fax: 919.613.7231

    448B

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

      Prerequisite: Guantanamo Defense Clinic.

      473

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

      In a workshop led by a faculty member, students will produce an original analytic paper of substantial length (ordinarily at least 30 pages). Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. Papers produced in the workshop are expected to satisfy the JD or LLM substanial research and writing project requirement.

      In the workshop, participants will learn about the conventional features of academic legal writing, conduct research into and hone their topics, write and give each other feedback on first and second drafts, and complete a final draft of their paper. The faculty member leading the workshop will also provide feedback and will, as appropriate to each participant's paper topic, facilitate introductions to other faculty who may be of assistance.

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

      517W

      Advanced Contracts, Writing Credit 1
      • JD - Substantial Research and Writing Project requirement (SRWP)
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Business Law Certificate
      1. Spring 17
      2. Spring 18
      3. Spring 19
      • Final research paper (25+ pages in length)

      While enrolled in LAW 517 Advanced Contracts, students may submit a significant research paper which would be eligible for satisfaction of the JD-ULWR.  LAW 517W must be added no later than the 7th week of class.

      518

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

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

      523W

      Finance in Asia: Institutions, Regulations and Policy / Writing Credit 1
      • JD - Substantial Research and Writing Project requirement (SRWP)
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      1. Spring 17
      • Final research paper (25+ pages in length)

      Students enrolled in Law 523 Finance in Asia: Institutions, Regulations, and Policy, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 523W must be added no later than 7th week of class.*

      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.

      529

      Corporate Governance 3
      • JD - Substantial Research and Writing Project requirement (SRWP)
      • 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
      • Reflection Papers
      • Final research paper (25+ pages in length)

      With the spate of corporate scandals in recent years undermining investor confidence in public corporations, corporate governance is increasingly a major policy issue in business regulation and a key element in business strategy and corporate litigation. This course will discuss the major debates in corporate governance, the challenges for designing an optimal system for governing corporations, and the increasingly important role of lawyers in these policy debates. The course will focus on a range of issues. For example, is shareholder activism by hedge funds and other institutional shareholders good for shareholder value, or does it promote short-termism? Do anti-takeover devices entrench managers or promote long-term strategic growth? Are CEOs paid too much, and should their compensation be regulated? Does state competition for corporate charters lead to a race to the top or the bottom? How can for-profit firms be designed pursue social missions and avoid green-washing? In discussing each of these topics, this course will consider whether corporations are best regulated by the government or market discipline. To fulfill the requirements for this course, students will have the option to write short reaction papers or the opportunity to work on a substantial research paper.

      536W

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

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

      545

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

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

      546

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

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

      554

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

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

      555

      International Environmental Law 3
      • JD - Substantial Research and Writing Project requirement (SRWP)
      • JD - general credits
      • LLM-ICL - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Environmental Law Certificate
      • Public Interest Certificate: General Elective
        • Final research paper (25+ pages in length)
        • Class participation

        This course provides a general introduction to international environmental law and policy. We will begin by exploring the economic, political, and legal concepts relevant to international environmental treaty regimes. We will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as transboundary air pollution, atmospheric pollution, marine pollution, fisheries depletion, and biodiversity and habitat loss. The course focuses principally on the dynamic of treaties, negotiations, and state and non-state actors on the international plane, and much less on domestic legislation.

        Grades will be awarded on the basis of class participation and a final paper. 

        562

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

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

        576

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

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

        581

        FinTech Law and Policy 3
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD - general credits
        • LLM-LE (1 year) - general credits
        • International LLM/Exchange/SJD - general credits
        • International LLM, Business Law Certificate
        1. Spring 17
        2. Fall 17
        3. Fall 18
        • Final research paper (25+ pages in length)
        • Oral presentation
        • Class participation

        In 2016, few people had ever heard of Bitcoin or blockchain, initial coin offerings were non-existent, and U.S. financial regulatory agencies had yet to react to the emergence of non-bank financial services providers. The FinTech industry has changed dramatically since then: Bitcoin has captured the public imagination and spawned new derivatives products, you can now apply for a mortgage on your smartphone, initial coin offerings are now a viable alternative to venture capital funding, and the Office of the Comptroller of the Currency has proposed a new kind of bank charter specifically for FinTech firms.While many have focused on the technologies underpinning the FinTech revolution, less attention has been placed on how these technologies fit within the current financial regulatory framework. Understanding this framework is critical to the long-term success of any FinTech startup. While technology startups in other sectors may predicate their business on breaking rules and ignoring regulations, such a strategy is sure to fail if deployed by a FinTech firm. This is because the financial industry is heavily regulated by multiple state and federal agencies that often have overlapping authority. Being a successful FinTech firm requires more than just great technology; it also requires an understanding of the laws and regulations applicable to your business.

        This course aims to provide you with that understanding. You will learn about the critical legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments and wealth management technologies, and financial account aggregators. In addition, you will learn how regulatory agencies in the U.S. are continually adjusting to the emergence of new financial technologies and how one specific agency, the Office of the Comptroller of the Currency, has proposed a path for FinTech firms to become regulated banks. You will also learn the basics of how banks are regulated in the U.S.

        If you are unfamiliar with how these new financial technologies work, fear not. We will begin each new course section with a high-level overview of the underlying technology.

        582

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

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

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

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

         

        583

        Globalization of the Family 2
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
          • Final research paper (25+ pages in length)
          • Class participation

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

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

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

          587

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

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

          590

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

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

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

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

          594

          Sex Equality’s Past and Future 2
          • JD - general credits
          • JD - Substantial Research and Writing Project requirement (SRWP)
          • International LLM/Exchange/SJD - general credits
          • Public Interest Certificate: General Elective
          1. Spring 17
          • Final research paper (25+ pages in length)
          • Class participation

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

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

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

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

          617

          Environmental Law Readings Workshop 0.5
          • International LLM/Exchange/SJD - general credits
          • International LLM, Environmental Law Certificate
          1. Fall 16
          2. Spring 17
          3. Fall 17
          4. Spring 18
          5. Fall 18
          6. Spring 19
          • Final research paper (25+ pages in length)

          The Workshop introduces LLM students in the Certificate in Environmental Law program to core readings on different topics of environmental law. Students are assigned readings selected by the faculty members teaching environmental law. Each class meeting is conducted by a different member of the faculty in environmental law. Students will write a paper in reaction to the readings, and the course will be graded credit/no credit.
          **This class is available only to International LLMs who are pursuing the Certificate in Environmental Law. **

          NOTE: This course receives 0.50 credits a semester for a total of 1.0 credits for the year course.

          633

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

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

            640

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

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

             

            707

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

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

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

            710

            Derivatives: Financial Markets, Law and Policy 3
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • LLM-LE (1 year) - general credits
            • International LLM/Exchange/SJD - general credits
            • International LLM, Business Law Certificate
            1. Spring 17
            2. Spring 18
            3. Spring 19
            • Final research paper (25+ pages in length)
            • Oral presentation
            • Class participation

            Modern capital and financial markets rely on a wide variety of complex instruments, including Treasury securities, structured debt and equity instruments, and derivatives of various kinds.  Public awareness regarding these instruments has grown since the Financial Crisis of 2008 because they are thought to have played an important role in both the rapid growth of financial markets (“financialization”) and their destabilization.  Yet these instruments and the role they play in modern markets remain little understood.  A basic understanding of these instruments has now become important in modern financial law practice and any discussions on financial policy and regulation.

            This course will review the workings of derivative instruments in the capital markets and how such instruments themselves are used.  The relationship between banking and capital markets, and between government and the private markets, will be explored, as will the most important legal and fiduciary responsibilities involved.  While not highly technical, the various principal types of government securities and derivatives will be examined. 

            Warren Buffet once called derivatives “weapons of mass financial destruction.”  We will consider the numerous public policy issues relating to derivatives, their role in the Crisis of 2008 (and more recent financial distress such as the Eurozone crisis and the US debt ceiling controversy), the history of attempts to regulate these instruments, and the current regulatory structure.

            Required Coursework

            The 3-credit graded requirements for the course will be:

            1. A thirty-page paper, to be submitted by Friday, April 14 2017 (80%); the opportunity for JD writing credit will be given to the first five students who present research proposals, approved by me, commit to completing their drafts by Friday March 10 for grading and comments by me, and submit their final drafts in response to comments by the last day of class for the semester (when all papers will be due).
            2. An individual class presentation, of 20 minutes in length (10%), on the early draft of the 3-credit paper; and
            3. Overall class participation (10%).The course will be highly interactive and graded on this basis.

            The course will be highly interactive and graded on this basis.

            714

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

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

            717

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

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

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

            720

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

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

            735

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

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

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

            739

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

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

             

            758

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

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

            771

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

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

            794W

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

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