Course Browser

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

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

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice

Clear all filters 323 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

110

Civil Procedure 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • 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 1L
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Spring 21
  • Spring 22
  • Spring 23
  • Spring 24
  • 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 1L
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • Fall 20
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • 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 1L
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • 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.

160AB

Legal Analysis, Research & Writing 4
  • JD 1L
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 23
  • Fall 23
  • Spring 24
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

170

Property 4
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • IntlLLM Environ Cert
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • Final Exam
  • Class participation

Property law guides how we interact through and around a variety of valuable and increasing scare resources, including land, personal possessions, and ideas.  This course explores how and why property is allocated; what default rights and obligations come with ownership; the role of private agreements with respect to property; and the extent and limits of the state’s power to set the terms of ownership.  Throughout, we will consider justifications for property rights as well as the fine-grained details of how courts and other institutions resolve conflicts about property.  There are a number of common threads that tie property law together, and a series of recurring themes that we will emphasize throughout the semester.  Among these, the most important are likely the relational and interdependent nature of property rights. As far as the law is concerned, property is not a “thing” like a piece of land, but a set of claims that some people have against others with regard to particular resources.  Such claims are deeply contextual and relational; saying that someone “owns” something is generally the beginning, not the end, of the legal inquiry.  Questions about the ways in which race, socioeconomic status, and gender have shaped property rights will inform our conversation throughout the semester.

180

Torts 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Fall 22
  • Fall 23
  • 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.

200

Administrative Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • 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.

201

Legal Writing: Craft & Style 2
  • JD elective
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • Practical exercises
  • Class participation

"Legal Writing: Craft & Style" is the new moniker for the "Advanced Legal Writing Workshop." This series of thirteen workshops is for 2Ls and 3Ls who wish to hone their legal writing or editing skills. Half of each workshop consists of a teaching component that focuses on topics from clarity to cohesiveness to effective style. The other half is spent working as a group on exercises—flawed sentences or passages from legal documents or articles. In addition to the exercises, required written work includes three short written assignments and peer reviews of each of these using criteria developed over the course of the workshop. These peer reviews will be reviewed in turn by me. In addition, I will be available to work one-on-one with any workshop participant who has a lengthier piece on which he or she would like feedback. The workshop offers two credits. It is not graded.

The workshop might be particularly useful to:

  • law review editors,
  • students on moot court,
  • students writing law-review notes or independent-study- or seminar papers (with the permission of the guiding professor),
  • students wishing to polish their writing samples, and
  • students wishing to improve the effectiveness of their writing for any reason whatsoever.

202

Art Law 2
  • JD SRWP, option
  • JD elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Fall 20
  • Spring 22
  • Spring 23
  • Fall 23
  • Final Exam, option
  • Research paper option, 25+ pages
  • 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 25-30-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. Before then, a complete updated syllabus will be posted.

203

Business Strategy for Lawyers 3
  • JD elective
  • LLM-LE (JD) required
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • Final Exam
  • Research and/or analytical paper(s), 5-10 pages
  • Class participation

This course presents the fundamentals of business strategy to a legal audience. 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 for assessing the potential for firm growth through innovation. Although the case studies will span a variety of different industries, there will be an emphasis on high technology firms. The ideas in this course have relevance to anyone seeking to manage a law firm, advise business clients, engage in entrepreneurship, or lead a large company.

The class sessions include mainly case discussions coupled with some traditional lectures. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected primarily for their business strategy content and secondarily for their legal interest. We will be hosting a number of general counsels who will discuss the GC's role in the strategies of their own companies.

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 are enrolled in the JD-MBA program may not take this course. THIS IS A FAST TRACK COURSE.

205

Antitrust 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • PIPS elective
  • Fall 20
  • Spring 22
  • Spring 23
  • Spring 24
  • 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 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • Spring 21
  • Spring 22
  • Fall 22
  • Fall 23
  • 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 elective
  • IntlLLM NVE Cert
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • Fall 23
  • 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 elective
  • LLM-LE (JD) required
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • IntlLLM NVE Cert
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • 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.

218

Comparative Law 3
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) required
  • LLM-ICL (JD) writing, option
  • IntlLLM-SJD-EXC elective
  • Fall 21
  • Fall 22
  • Fall 23
  • Research and/or analytical paper
  • Class participation

This course explores the field of comparative legal studies by inquiring into what it means to compare one legal system with one another, as well as how to determine what ought to count as a legal system in the first place. The study is historical, ranging from the ancient emergence of the Hindu, Confucian, and Roman legal families, to the medieval traditions of Jewish, Islamic, and Canon jurisprudence, and into modernity. From the Renaissance forward, the course investigates several frameworks, including common law, civil law, theocracy, and indigeneity, and the ways in which these legal frameworks transformed in the contexts of nineteenth century imperialism and twentieth century decolonization.  Students will be evaluated on class participation and a 30-research paper. 

220

Conflict of Laws 3
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-ICL (JD) writing
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Spring 21
  • Fall 23
  • Research and/or analytical paper
  • Class participation

This course in legal reasoning highlights the central problematic of conflict of laws: the rule of law and the specter of judicial activism. It does so by way of a systematic exploration of the judicial methods and patterns of legal argument used to decide cases in which the relevant facts of the dispute are connected with multiple jurisdictions. The first half of the course is focused on domestic conflicts issues in the United States, mostly dealing with choice of law questions in tort, contract, and family law. This study examines the full range of approaches that developed in the courts between the time of Joseph Beale and rise of the Second Restatement on Conflict of Laws. The second half of the course turns from domestic to transnational conflicts problems, and in particular, brings a focus to the topic of extraterritorial jurisdiction. This study survey US federal court decisions on extraterritorial choice of law, including questions in constitutional law, civil rights law, environmental law, labor law, antitrust law, securities law, and human rights law. 

Grade is 20% class participation, 80% paper.

225

Criminal Procedure: Adjudication 2
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Spring 24
  • Final Exam

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

226

Criminal Procedure: Investigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Spring 24
  • Final Exam
  • Class participation

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

227

Use of Force in International Law: Cyber, Drones, Hostage Rescues, Piracy, and more 2
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing, option
  • PIPS elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 20+ pages
  • Oral presentation
  • Class participation

This fall-only seminar is designed to introduce students who have limited familiarity with international law to principles involved in the use of force during periods of putative peace.  It will explore, for example, what circumstances constitute an “act of war” in a variety of situations, to include cyberspace.  The structure of classes may vary, and students may be divided into sections, discussion groups, and panels. The course may include guest speakers (in-person or via Zoom).

The course will analyze when and how force may be used in self-defense and will survey topics such as humanitarian intervention, hostage rescue, air defense identification zones, freedom of navigation operations, use of force in the cyber domain, and the legal aspects of international counter-piracy and counterterrorism operations (including drone strikes).  Efforts to limit the use of force in outer space as well as the implications of nuclear weapons and the emergence of autonomous (to include generative AI) weaponry will be explored.

Case studies and current news events will be examined in conjunction with the covered issues.  For example, an article that examines, “through the lens of the Russia-Ukraine conflict…whether and, if so, when a State's military aid or assistance that contributes to another State's use of force constitutes a separate and distinct use of force under international law” will be discussed.

In addition, students will get an overview of the practical issues associated with the use of force, to include the weaponry, planning, and military techniques involved.

There will be no class on Tuesday, September 26.  However, there will be a class on Sunday, November 5th from 3:30 p.m. to 6 p.m. during which we will watch the movie, Eye-in-the-Sky about a drone strike, and have a discussion about it.

This course obviously addresses the use of force in international law.  Accordingly, class instruction will inevitably include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

229

State and Local Government Law 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 23
  • Spring 24
  • 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.

231

Ethics in Action: Large Law Firm Practice 2
  • JD elective
  • JD ethics
  • LLM-LE (JD) elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • Simulated Writing, Litigation
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation

Large, multi-jurisdictional law firms face complex issues of regulation and professionalism. Managing and solving those issues require high-level analytical, written, and presentation skills. As in practice, quality written analysis will be paramount, and students will need to perform individually as well as working together with a team.

232

Employment Discrimination 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Spring 24
  • Final Exam
  • Class participation

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

235

Environmental Law 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Spring 24
  • Final Exam
  • Research and/or analytical paper(s), 5-10 pages
  • Class participation

This course examines the laws governing interactions between human activities and the environment.  These include the laws governing the air, water, toxic chemicals, hazardous waste, resource use, biodiversity and ecosystems, and climate change.  The course focuses on the U.S. legal system, with some comparative analysis of the law in other countries and international regimes.  The course assesses key features of these environmental laws, including the rationales for environmental protection (e.g. ethical, economic); the choice of regulatory policy instruments (e.g. standards, taxes, trading, information disclosure); and the roles of different levels of government (e.g. local, state, national, international), branches of government (e.g. legislative, executive/administrative, judicial), and non-governmental actors.  We will study how these laws handle key questions such as:  (i) How serious a problem is it?  (ii) How much protection is desirable, overall and regarding distributional impacts?  (iii) How best to achieve this protection?  (iv) Who decides and acts upon these questions?  The course helps develop critical skills including statutory and regulatory interpretation, regulatory design, policy analysis, case law analysis, and litigation strategy.   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.  Law students (e.g. JD, LLM, SJD) should enroll in Law 235, while students from outside the Law School (e.g. MEM, MPP, MBA, MA, PhD) should enroll in Environ 835, and may contact the Nicholas School registrar, Erika Lovelace, e.love@duke.edu , with any questions about enrollment.  (The Law School and the professor teaching this course do not have “permission numbers.”)  For undergraduate students, the Nicholas School offers a different course, Environ 265.

236

International Human Rights 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Fall 23
  • Final Exam
  • In-class exercise
  • Class participation

This course critically assesses the international and domestic laws, institutions, and legal and political theories that relate to protecting the fundamental liberties of all human beings. The course emphasizes (1) specific "hot button" topics within international human rights law, such as extraordinary renditions, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies that interpret and implement human rights; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated. Course requirements include a final exam, a negotiation exercise, and student participation in class discussions.

Note on scheduling for Fall 2023: To accommodate Professor Helfer’s responsibilities as a member of the UN Human Rights Committee, which meets in Geneva, Switzerland in October 2023, several class meetings will need to be canceled, rescheduled or held on Zoom.  Additional information will be provided prior to the first class meeting.

237

The Law of Lawyering: The Ethics of Social Justice Lawyering 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 22
  • Final Exam
  • Reflective Writing
  • 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 elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • Final Exam
  • Reflective Writing
  • Practical exercises
  • 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 and rules, statutes, and administrative regulations.  Grading is based on a final examination, written work relating to casebook problems and reflections on current issues in legal ethics, and class participation.

 

239

Ethics and the Law of Lawyering in Civil Litigation 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
    • 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.

    240

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

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

    242

    Social Justice Lawyering 2
    • JD SRWP with add-on credit
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Group project(s)
    • Class participation
    • Other

    Working for social justice is an important part of the professional obligations of all lawyers, and for many law students, their initial motivation for pursuing a legal education. This course is designed to introduce students to the ways in which lawyers committed to social justice engage with communities, individual clients, social and political causes and legal systems to help effect social change. We will examine the types of lawyers working toward social justice, the ways in which lawyers help shape claims in social justice cases, and finally, how lawyers use their skills and training to engage in political struggles and movements to achieve social justice for the communities, causes, or individual clients that they represent.

    Through readings, discussion, and independent studies of legal cases and movements in social justice, students will explore different models of social justice lawyering and the barriers present both in the representation of under-served communities and in pursuing a career in public interest law. Students will also have an opportunity to explore more deeply how they plan to be a lawyer engaged in social justice work, either in their pro bono or full-time future practice.

    242W

    Social Justice Lawyering, Writing Credit 1
    • JD SRWP
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Research paper, 25+ pages

    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 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 email Professor Gordon or McCoy by the end of the Registration Period and after enrolling in 242 Social Justice Lawyering if you would like to seek this additional credit; there are very limited spots, which will be awarded on a first-come, first-served basis.

    244

    The Business and Economics of Law Firms 1
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Group project(s)
    • Practical exercises
    • Class participation

    This course will provide students with an enhanced and vital understanding of law firms as business entities in a competitive and global market. Based on feedback from employers, interviews with hundreds of lawyers and published accounts from law firm leaders, it is clear that technical legal ability will be necessary but not sufficient to excel in the practice of law or any business endeavor in coming decades. The topics will be explored through the review and analysis of literature, statutes, and case studies, and will include a basic financial analysis of the operations of law firms. Assignments will be collaborative and will simulate the client advisory process allowing students to gain experience providing legal advice and business recommendations. Associate Dean and Senior Lecturing Fellow Bruce Elvin will lead and organize the seminar, with senior law and business leaders serving as guest lecturers many weeks.

    245

    Evidence 3
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Final Exam
    • Class participation

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

    250

    Family Law 2
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Final Exam
    • Class participation

    A study of how law regulates intimate adult relationships and relationships between parents and children. We will discuss constitutional and statutory rights and restrictions on marriage, adult relationships, adoption, parentage, child custody, dissolution of adult relationships, and financial support for children. We will explore the evolution of family law in relation to racial and gender equality and consider issues of socioeconomic inequality and access to justice.  Grading is based on a final examination and class participation. 

    252

    Foreign Relations Law 3
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM-SJD-EXC elective
    • Fall 20
    • Fall 23
    • 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 the recent lawsuits against China concerning COVID-19, controversies over immigration enforcement, the withdrawal by the United States from various treaties, and uses of military force against alleged terrorists.

    255

    Federal Income Taxation 4
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • IntlLLM NVE Cert
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • 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

    In planning their course schedules, students should keep in mind that Federal Income Taxation is a prerequisite for most other federal tax courses, including corporate tax, partnership tax, international tax, and the tax policy seminar.  For this reason, students who might want to take one or more advanced tax courses are strongly encouraged to take Federal Income Taxation during their second year of law school.

    260

    Financial Accounting 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • 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.

    261

    Financial Valuation 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM NVE Cert
    • IntlLLM Business Cert
    • Spring 24
    • Group project(s)
    • Project(s)
    • Class participation

    This class aims to prepare students to conduct financial valuation and to advise those doing so. Financial valuation techniques—interpretations of financial performance that allow one to assess value—are central to how investors allocate capital, how investment bankers advise companies, how risk is managed, how companies make strategic decisions, and many more parts of the business world. And the manner in which these analyses are conducted has critical implications for the legal work that follows. This class will make students critical consumers of financial analysis, preparing them to anticipate and address the legal consequences of analytical and strategic decisions. We will begin by establishing basic finance and accounting concepts necessary to understand the tools we will use throughout the course. Then we will turn to the standard valuation techniques that are now ubiquitous in the daily work of corporate advisors. Next, we will consider the financial and legal issues that arise in connection with an initial public offering. We will then turn to a second transactional type heavily depending on valuation analysis: a merger. Finally, we will close the course by giving extensive consideration to the finance, advisory, and legal implications of a leveraged buyout. The class employs a case study of current events, with the goal of giving students financial and legal fluency in the standard transactions that now comprise much corporate practice.

    Students will be assessed on the basis of class participation, one individual and two group projects.

    265

    First Amendment 3
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Fall 21
    • Fall 22
    • Spring 24
    • 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 elective
    • LLM-LE (JD) required
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • IntlLLM NVE Cert
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Final Exam

    This course provides an introduction to copyright, trademark, and (to a lesser extent) patent law and trade secrecy. It does not require a technical background of any kind.  The course begins with an introduction to some of the theoretical and practical problems which an intellectual property regime must attempt to resolve; during this section, basic concepts of the economics of information and of the First Amendment analysis of intellectual property rights will be examined through a number of case-studies. The class will then turn to the law of trademark, copyright, and patent with a particular emphasis on copyright, developing the basic doctrinal frameworks and discussing the advantages and disadvantages of each. We will focus in particular on a number of areas where the theoretical tools developed at the beginning of the class can be applied to actual problems involving a full panoply of intellectual property rights; these areas include intellectual property on the Internet, the constitutional limits on intellectual property, and innovation, monopoly and competition in the technology sector. The overall theme of the course is that intellectual property is the legal form of the information age and thus that it is important not only for its enormous and increasing role in commercial life and legal practice, but also for its effects on technological innovation, democratic debate, and cultural formation. Much of our doctrinal work will be centered around a series of problems which help students build skills and learn the law in a highly interactive setting. You can also download the casebook for the class here – for free – to give you a sense of the topics that are covered. 

    275

    International Law 3
    • JD elective
    • LLM-ICL (JD) required
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Final Exam

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

    285

    Labor Law 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Spring 24
    • Final Exam
    • Class participation

    This course focuses primarily on the National Labor Relations Act (NLRA), which governs union organizing, collective bargaining, non-union collective action, and the exercise of economic pressure strategies by employees (e.g., strikes, pickets, boycotts). The NLRA also protects employees who resist or challenge unions.

    The course is taught through a simulation in which the professor is the Chief Executive Officer of a company that produces labor law knowledge and employs students who are covered by the NLRA. Students/employees may organize and bargain with the owner over class rules and structure (e.g., content and grading). For instance, the course syllabus is described as an employment handbook that, among other things, states policies that may be the subject of collective bargaining between the professor/CEO and students/employees. In addition, some students may act as corporate counsel and aid the CEO in resisting union organizing and bargaining with the union. Students will not only learn substantive labor law, but also practice the area by, for instance, filing election petitions, filing unfair labor practice charges, raising election objections, appealing regional office decisions, and engaging in collective organizing and bargaining.

    Students will be evaluated on the basis of an open-book exam, several papers and class participation.

    287

    Principles of Commercial and Bankruptcy Law 4
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Final Exam

    This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. It is intended to provide 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.

    The course starts with a brief overview of the more innovative aspects of sales law, and then introduces such basic commercial law concepts as negotiable instruments, letters of credit, funds transfers, and documents of title. The course then focuses on secured transactions under Article 9 of the Uniform Commercial Code (UCC), including the concepts of security interests, collateral, perfection and priority, and foreclosure. That brings in the natural interplay with such fundamental debtor-creditor aspects of bankruptcy law as property of a bankrupt debtor’s estate, automatic stay of foreclosure and enforcement actions, use by a debtor of property subject to a security interest and adequate protection of the secured party’s interest, rejection and acceptance of executory contracts, bankruptcy trustee’s avoiding powers including preferences and fraudulent conveyances, post-petition effect of a security interest, set-offs, and subordination. The course also introduces basic corporate reorganization and international insolvency principles.

     

    288

    Consumer Bankruptcy & Debt 2
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing, option
    • IntlLLM Business Cert
    • PIPS elective
    • Spring 21
    • Fall 21
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Research paper option, 25+ pages
    • Research and/or analytical paper(s), 10-15 pages
    • 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.

    Due to substantive overlap in material, students may not concurrently enroll in Law 288: Consumer Bankruptcy & Debt and Law 586: Current Debates in Bankruptcy Law. However, if you've taken one of the courses in a previous semester and wish to take the other, that will be permitted. Students may not enroll in both Law 288: Consumer Bankruptcy & Debt and Law 555: Law and Financial Anxiety without instructor permission. 

    290

    Remedies 3
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • Spring 21
    • Spring 22
    • Fall 22
    • Spring 24
    • Final Exam
    • Class participation

    This course examines the powers and limits of the law to right those who have been wronged. We will cover different forms of remedies—including money damages, injunctions, and declaratory judgments. We will also explore ancillary remedies or enforcement mechanisms, such as the power of courts to hold parties in contempt. The course spans both private and public law contexts, with specific case studies ranging from school desegregation to the September 11th Victim Compensation Fund. Ultimately, the goal of the course is to provide an understanding of how the law responds to transgressions of substantive law, and also to provide a richer account of the power of our legal institutions more generally.

    295

    Trusts and Estates 3
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Final Exam
    • Midterm
    • Practical exercises
    • Class participation

    This is a three-credit course about family property and the legal frameworks governing intergenerational wealth transfer. Wealth transfer can be effectuated through the creation of wills, trusts or other non-probate instruments and powers of appointment, all mechanisms we will examine in detail throughout the course. Transfer can also take place through the various laws governing intestate succession, which applies when none of the instruments described above exist. This class will cover all the basics of wealth transfer, with an emphasis on wills and trusts, introducing students not only to modes of legal challenge but also to drafting best practices. The class will also address, more broadly, critical questions about what groups benefit from our present system of wealth transfer and how this system contributes to complex forms of wealth inequality that are characterized by gender and racial wealth gaps. Note: this class will meet once a week in person and the other weekly time will consist of student engagement with asynchronous content.

    298

    Ocean and Coastal Law and Policy 3
    • JD SRWP, option
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing, option
    • IntlLLM Environ Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Research and/or analytical paper
    • Group project(s)
    • Oral presentation
    • Class participation

    This course explores laws and policies that affect decisions on United States ocean and coastal resources. We examine statutes, regulations, attitudes, and cases that shape how the United States (and several states) use, manage, and protect the coasts and oceans out to – and sometimes beyond – the 200-mile limit of the Exclusive Economic Zone. We cover government and private approaches to coastal and ocean resources, including beaches, wetlands, estuaries, reefs, fisheries, endangered species, and special areas.

    300

    Legal Analysis, Research and Writing for International Students 2
    • IntlLLM NY Bar
    • IntlLLM required
    • Fall 20
    • Spring 21
    • Fall 21
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages

    In this foundational course, students learn legal reasoning, research skills and predictive legal writing. The course trains students to research, analyze, and present issues in the US common law style, preparing them for law school exams and any future work they might do with US attorneys. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students complete two office memoranda that focus on questions of both state and federal law. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

    302

    Appellate Courts 2
    • JD SRWP
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Research paper, 25+ pages

    This course will examine the practices and powers of American appellate courts, with a particular emphasis on the federal courts of appeals.  Our discussion will focus on the goals of these institutions and the extent to which individual components of the appellate decision-making process—including oral argument and opinion-writing—further those goals.

    We will begin with an overview of the function of appellate courts—why they were created and what we expect of them today.  We will then move to the specific components of appellate adjudication, including mediation, briefing, oral argument, and judgment, as well as the personnel who contribute to the adjudication process.  Finally, we will consider the ways in which the appellate courts have been affected by an increasing caseload, and proposals for alleviating the strain on the courts.

    Ultimately, the goal of the course is to expose you to how appellate courts operate and the purported goals of these institutions.  Over the course of the semester, you should also be evaluating what you think are the fundamental objectives of appellate review and whether the current structure of the courts allows them to meet those goals.

    Evaluation in the course will be based on a final research paper, which may be used to satisfy the SRWP.

    304

    Big Bank Regulation 4
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Fall 20
    • Fall 21
    • Spring 23
    • Final Exam

    Banking has evolved rapidly in just a few years. Global trade and investment have 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, 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 and is certain to be so for the 2020 election. 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 framework has been emerging. This framework has fundamentally changed the way in which such financial institutions are regulated. After more than a decade of reform, however, the framework remains controversial, at least in the United States, and executive and congressional efforts to reverse the Dodd-Frank and Basel models were deployed under the previous Administration, with some success. This controversy has now become more complicated in light of actions taken by the Treasury Department and the Fed to address financial and economic difficulties inflicted by COVID-19. Climate change is also starting to have a deep impact on financial markets, and this in turn is shaping some of the actions of regulators and banks. 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 elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Fall 21
    • Fall 22
    • Fall 23
    • 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 and employees involved in potential criminal violations (and certain civil analogues), and the law that governs those processes; 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, students should not expect this to be that form of law 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 self-published text available in bound book form for approximately $30 through Amazon, or in pdf form at no charge from the course website. There may be occasional handouts. Assigned readings average 30 pages per class meeting, with less case law and more fact-based practice documents, problems, and commentary than with a typical case book. The grade will be based primarily on a floating take home exam, with some weight given to class participation.

    307

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

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

    309

    Children and the Law 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 23
    • Group project(s)

    This course will explore the relationship between the law and children’s status, rights, and well-being from a child-centered perspective. The course will introduce students to some of the foundational legal doctrines which govern the relationships among children, their parents, and the state. Through lecture, class discussion, and group presentations, this course will apply those foundational principles in specific contexts, including at school, home, healthcare, and community settings, with a focus on emerging and current issues in children’s law. This course will grapple with the ways in which current legal frameworks do or do not promote children’s rights and health, with a focus on the experiences of vulnerable groups, including LGBTQ+ children, children living in poverty, children of color, children involved in the child welfare and delinquency systems, and children with disabilities. This class will require collaboration in small groups as students work towards a final presentation.

    312

    Cybercrime 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • PIPS elective
    • Spring 21
    • Spring 22
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    The course will survey the legal issues raised by cyber-related crime. The bulk of the course will be organized around two overarching themes: (1) substantive criminal law (i.e., the scope, structure, and limitations of the criminal laws that reach cyber-related crime); and (2) criminal procedure (i.e., the scope, structure, and limitations of the privacy laws and constitutional principles that regulate law enforcement investigations of cyber-related crime).  Along the way, we will also consider topics that frequently arise in cyber-related investigations and prosecutions, such as:  jurisdictional issues (e.g., federal/state dynamics and international cooperation in collecting evidence); national security considerations (e.g., state-sponsored intrusions and IP theft, terrorists’ use of the internet, government surveillance); and encryption.  We will make regular use of contemporary case studies, including several drawn from my own experience in the national security arena. 

    313

    Judicial Decisionmaking 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • Spring 23
    • Fall 23
    • Final Exam

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

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

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

     

    314

    Federal Habeas Corpus 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Spring 23
    • Final Exam
    • Midterm
    • Practical exercises
    • Class participation

    What is habeas corpus and why has it earned the title of the “Great Writ”?  Habeas corpus allows prisoners to challenge their detentions and it empowers judges to free prisoners that are unlawfully detained.  The writ reaches the most unpopular prisoners: enemies of the state, war criminals, and those convicted of the most heinous crimes.  Due to its historic role as the last resort for prisoners to obtain judicial review, the U.S. Supreme Court has called the Great Writ one that is “indispensable” and one that “indisputably holds an honored position in our jurisprudence.”  Thus, prisoner litigation is the subject of this course, and in particular, the rights and remedies available to prisoners who seek to challenge their detention.

    We will use my co-authored casebook: the first to cover federal habeas corpus comprehensively, presenting post-conviction review and executive detention litigation in an accessible way.  It is available on Sakai, along with the rest of our course materials. We will begin with an examination of the writ of habeas corpus, under which federal courts examine whether detentions are authorized.  We will explore the historical evolution of the writ from a common law prerogative writ to the U.S. federal system and the meaning of the enigmatic Suspension Clause of the U.S. Constitution. We will then focus on habeas litigation by state prisoners convicted of crimes.  We will study the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA) and how it intersects with the key Supreme Court decisions that define the limits and procedures for habeas corpus, including through the doctrines of exhaustion, procedural default, non-retroactivity, and miscarriage of justice innocence “gateway” claims.

    In the second part of the course, we will examine the Suspension Clause and how Article III of the Constitution shapes the power of judges to use habeas corpus.  We will explore the use of habeas corpus to remedy unlawful executive detention, including immigration detention, military detention, and national security detention.  We will study recent statutes and Supreme Court decisions relating to persons indefinitely detained or facing military commission trials post-9/11.  We will conclude by studying the intersection of habeas corpus and civil litigation, and with a broader look at the future of habeas corpus.

    We will conduct a series of practical exercises based on real cases, during synchronous classes and offline.  Short lectures will often be recorded in advance to focus our synchronous time on engaging with  the material. The goal is for you to understand the doctrine and theory but also develop practical litigation skills, directly applicable to prisoner litigation, and also to litigation generally. Some will be in-class exercises, while others will be written exercises outside of class.  You will be given feedback on your work throughout the semester. Similarly, grading will be based not just on a final  exam, but on class participation (in synchronous classes, in comments on each other’s work, and on the Sakai forum discussion pages), written answers to three review exercises, written comments on classmates’ answer to review exercises, a midterm exam, and a final exam. All midterm and final exam grading is blind.

    315

    Complex Civil Litigation / Large Scale Litigation 3
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Final Exam
    • Oral presentation
    • In-class exercise

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

    316

    Intro to Cyber Law and Policy 2
    • JD elective
    • LLM-ICL (JD) elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing, option
    • IntllLLM IP Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages

    This course will provide an introduction to the dynamic and evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors. The goal is to introduce students to the legal and policy frameworks that guide lawyers and decision-makers in a world of rapid technological change, with a primary emphasis on cybersecurity and privacy. We will discuss today’s threat landscape and approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare. We will also consider the legal and policy issues surrounding the collection and use of personal data, with a focus on both domestic and international data privacy protections. Other topics will also be explored, such as the impact of emerging technologies and markets (e.g., machine learning, digital currencies, platform media) and the ethical responsibilities of lawyers. Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time.   This course is introductory in nature and no technical background is necessary.

    Note: Students who have taken Law 609, Readings in Cyber Law with Stansbury, may not take Law 316, Intro to Cyber Law. 

    317

    Criminal Justice Ethics 2
    • JD elective
    • JD ethics
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Fall 21
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Reflective Writing
    • Research and/or analytical paper(s), 15 pages
    • Class participation
    • Other

    Criminal Justice Ethics (2 Credit Seminar) focuses on the professional and ethical laws governing attorneys in the criminal justice system. The course focuses on issues affecting both prosecutors and defense attorneys and the applicable rules of professional conduct. The course will work to deepen students’ understanding of the role and responsibilities of criminal justice attorneys in society. This is a specialized ethics course with a focus on lawyers working in the criminal justice system, as such our focus will not cover the Rules of Professional Conduct in their entirety. The class is discussion-based. The primary methods of assessment will be three (3), two-page reflection papers throughout the semester and a final 15-page research and/or analytical paper.

    318

    Comparative Constitutional Law 2
    • JD SRWP with add-on credit
    • LLM-ICL (JD) required
    • Fall 20
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    This course explores constitutional law from different parts of the world. The course will start by examining the goals, methods, and practical relevance of comparative constitutional analysis. We will then turn to a comparative analysis of constitutional structures, including differing approaches to separation of powers, judicial review, and federalism. The remainder of the course will examine comparative approaches to the constitutional protection of human rights.

    This course is open only to the 2L JD-LLM-ICL students.

    318W

    Comparative Constitutional Law, Writing 1
    • JD SRWP
    • LLM-ICL (JD) elective
    • Fall 20
    • Research paper, 25+ pages

    Students enrolled in Law318 Comparative Constitutional Law may choose to write a 25-30 page research paper, in lieu of the 10-12 page paper, in order to satisfy the JD Substantial Research and Writing Project degree requirement.  Students choosing this option should enroll in Law 318W.

    319

    Analytical Methods 2
    • JD elective
    • LLM-LE (JD) required
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • 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. 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.

    The areas of focus include:

    • Decision Analysis, Games and Information: We will explore a standard technique that has been developed to organize thinking about decision-making problems and to solve them.
    • Accounting: Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.
    • Microeconomics: This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.
    • Statistics and Artificial Intelligence: We will address the basic statistical methods, including regression analysis, as well as issues that commonly arise when statistics are used in the courtroom. We will also have a brief introduction to statistical learning, which forms the basis for machine learning and artificial intelligence.

    This basic introductory survey course is aimed at students who have only a basic background in math (basic high school algebra) and may have majored in humanities and social science as an undergraduate.

    320

    Water Resources Law 2
    • JD SRWP
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • IntlLLM Environ Cert
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Research paper, 25+ pages

    This survey course examines the legal and policy issues governing water quality and 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 key laws that affect water quality and quantity, including the Clean Water Act, the Safe Drinking Water Act, the National Environmental Policy Act, the Endangered Species Act, and others.  Students will also explore emerging issues in water policy, including the regulation of "forever chemicals," protection of wetlands, and mitigation of and adaptation to climate change, among other policy issues.  Throughout the course, students will study how environmental justice relates to water resource management.

    321

    The Law and Policy of Innovation: the Life Sciences 3
    • JD SRWP
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Reflective Writing
    • Research paper, 25+ pages
    • 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. 

    322

    Copyright Law 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntllLLM IP Cert
    • Fall 20
    • Spring 22
    • Fall 22
    • Spring 24
    • Final Exam

    This is a comprehensive course in copyright law. We will examine the legal rights that cover works of creative expression such as literature, music, film, photography, visual art, and software. The class will cover some of the fundamental pillars of the world of creative expression in which we all live—the economic and legal architecture of our culture. This is because copyright’s rules provide the economic incentives that influence our creative output as well as part of the legal framework that shapes our communications technology. The broad impact of copyright law means that it is of importance to a wide range of legal practice and not merely to the specialist. No technical background is needed.

    323

    Bankruptcy and Corporate Reorganization 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • IntlLLM NVE Cert
    • Spring 22
    • Spring 23
    • Final Exam

    The course will focus on the process by which a corporate debtor reorganizes under 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 three perspectives: the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its potential to rehabilitate through a plan of reorganization; the supervision of a debtor by the bankruptcy court; and the reality that virtually all commercial transactions and financial contracting occur in the “shadow” of bankruptcy law and its potential to alter rights and obligations.

    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 elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • IntlLLM NVE Cert
    • Spring 21
    • Spring 22
    • Fall 22
    • Fall 23
    • Final Exam
    • Practical exercises
    • Class participation

    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 with an appreciation of the basics of corporate finance gain a distinct advantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages.

    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; derivatives; and the application of these principles to legal practice.

    [This course serves as a prerequisite for Corporate Restructuring and Venture Capital and Private Equity, two courses offered at the Fuqua School of Business and cross-listed in the Law School.]

    326

    Corporate Taxation 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM NVE Cert
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • 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

    Federal Income Taxation is a prerequisite (waivable at the discretion of the instructor for a student with a comparable tax background acquired in some other way).

    327

    Energy Law 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Final Exam
    • Class participation

    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

    Final grades will be comprised of the following:

    1. Final exam, open book/open note one day exam:
    2. Case study discussion leader: 
    3. Class participation and current events: 

    The case study will be a group project where students will be assigned a case study. The group will lead the class discussion and exercise on the case study. In addition, each student in the group will prepare a 3-page policy brief that advocates for an outcome to a decision maker. The grade will be based on both the group discussion and the policy brief.

    Students will also be responsible for submitting discussion questions on the readings and short reflections on current events weekly. Students must submit questions for at least 10 weeks.

    329

    Education Law 2
    • JD SRWP
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 22
    • Spring 23
    • Research paper, 25+ pages
    • 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, and recent restrictions on classroom curricula. A research paper is required; successful completion of the paper will satisfy the Substantial Research and Writing Project Requirement. A course pack will be used in lieu of a textbook, supplemented with materials posted on Sakai.

    330

    Federal Criminal Law 4
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Take-home examination
    • Oral presentation
    • Practical exercises
    • In-class exercise
    • Class participation

    This course examines the role of the federal government in the criminal justice system, focusing on significant federal offenses criminalizing fraud, public corruption, drugs, money laundering, racketeering, firearms, and terrorism. We will also consider prosecutorial discretion, plea bargaining, and sentencing in the federal system. The objective of this course is to master doctrine and to learn how to debate federal criminal law's merits and proper limits. Public policy, theory, critical thinking, writing, and oral advocacy will be emphasized.

    Federal criminal law is recommended either for second- or third-year students. It is especially helpful for students who will have a federal judicial clerkship, and those who anticipate a career in litigation. There are no prerequisites.

    Each student will participate in two mock appellate cases, once as a judge and once as an advocate. The course grade will be based on class participation, the mock cases, and a take-home examination, allocated as follows:

    Points/Approximate percentage of final grade

    • 25 argument #1 28%
    • 25 argument #2 28%
    • 30 take-home exam 33.3%
    • 10 class participation 11%

    The maximum for each argument is 25 points, allocated as follows:

    Advocates:

    • 15 points: written summary of argument
    • 10 points: for the oral presentation (substance and style)

    Judges:

    • 5 points: written questions
    • 10 points: written preliminary disposition
    • 5 points: writing (questions and summary disposition)
    • 5 points: oral questions & final explanation of the decision at the close of the arguments

    331

    Introduction to Privacy Law and Policy 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntllLLM IP Cert
    • IntlLLM NVE Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Final Exam
    • Class participation

    This course on privacy law and policy examines the ways in which the United States’ legal framework recognizes privacy rights or interests and balances them against competing interests, including, among others: freedom of speech and press, ever-expanding uses of big data, national security and law enforcement, medical research, business interests, and technological innovation. The course will address the ways that torts, constitutional law, federal and state statutes and regulations, and societal norms protect individual privacy against government, corporations and private actors in a variety of areas including: employment, media, education, data security, children’s privacy, health privacy, sports, consumer issues, finance, surveillance, national security and law enforcement. The course will also consider the significantly different approach to information privacy in the European Union and the importance of the new EU General Data Protection Regulation (GDPR), which became effective May 2018.  The course may also address briefly privacy issues and laws in an additional country, such as China, for purposes of further comparison.  Students will gain a broad understanding of the breadth, diversity and growing importance of the privacy field.

    333

    Science Law & Policy 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • IntllLLM IP Cert
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Final Exam
    • Reflective Writing
    • 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 (i.e. your grade) will be based on class participation and a final exam.

    All MA, PhD and JD/MA students should register under BIOETHIC 704 – approval of professor is required. All law students (other than JD/MAs) should register under LAW 333.

    334

    Civil Rights Litigation 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 23
    • Final Exam
    • Practical exercises
    • In-class exercise
    • Class participation

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

    335

    Private Equity and Hedge Funds 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Fall 22
    • Fall 23
    • Final Exam
    • Practical exercises
    • Class participation

    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 since the global financial crisis of 2008-2009. 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.

    Prerequisites: Students must have previously completed or be concurrently enrolled in Business Associations or an 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.

    Grading: The course grade will be based on: (i) a final examination, (ii) class participation, and (iii) quizzes, problem sets, or other short assignments.

    336

    A Practical Introduction to Mergers & Acquisitions 2
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Spring 24
    • Final Exam
    • Group project(s)
    • Class participation

    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 party and the target firm in negotiating an acquisition and the differing roles played by the various parties involved in a transaction; the different types of agreements and other documents an attorney will encounter and negotiate over the course of a transaction; the critical role of information in M&A deals; conducting due diligence; the elements, structure and key terms of a typical acquisition agreement; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

    338

    Animal Law 2
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    • Spring 21
    • Spring 23
    • Spring 24
    • Research paper, 25+ pages
    • Oral presentation
    • Class participation

    This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates. It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws.

    339

    Law and Literature 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • Fall 20
    • Fall 21
    • Spring 24

    This course concentrates on possible relationships between law and literature. The major themes will be the depiction of law and lawyers in popular and highbrow fiction; the relationship between the interpretation of legal and literary texts; law in utopia and dystopia; crime, punishment and racial justice and the romantic conception of authorship. Fair warning: the course involves considerable reading – but almost all of it consists of works of fiction. For the final exam, which you will have 2 weeks to complete, you will be given a list of very broad essay topics brought up by the books we have read, and will write 2, 2000 word essays on the topics of your choice.

    340

    Estate and Gift Taxation 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • Spring 24

    A study of the rules governing federal taxation of gratuitous wealth transfers. The course will examine the trio of related federal taxes: the estate tax, the gift tax, and the generation-skipping transfer tax, as well as the policies, history, and concepts involved in the taxation of wealth transfers.

    Pre-req: Federal Income Taxation or other experience working with statutory language and regulations is recommended

    342

    Federal Courts 4
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Spring 24
    • 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 elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 23
    • Final Exam

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

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

    Federal Courts 1 (The Constitution and Judicial Power) focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, and finality), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies). This installment also addresses the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the implication of private rights of action under federal statutes.

    344

    Federal Courts II - Public Law Litigation 3
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 24
    • Final Exam

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

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

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

    345

    Gender & the Law 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 23
    • Final Exam
    • Reflective Writing
    • Oral presentation
    • Practical exercises
    • In-class exercise
    • Class participation

    This course will explore the relationship between gender and the law, understanding gender in its broadest sense including sex, sexuality, gender identity, and gender queerness. It will focus on sex discrimination doctrines under the Equal Protection Clause of the United States Constitution as well as under federal and state statutory frameworks such as Title VII of the Civil Rights Act of 1964,Title IX of the Education Amendments Act of 1972, and cognate state statutes. It will also address the shifting scope of substantive due process doctrine, particularly given the recent Supreme Court Dobbs opinion. Other statutes such as the Americans with Disabilities Act will also be explored. Constitutional Law is highly recommended as a prerequisite.

    The course will center around legal case studies to evaluate the relationship between law and justice in many areas that affect gender minority lives, including: employment, schools, health care, prison, public accommodations, family, youth and aging, and beyond. The emphasis will be on social justice lawyering strategies and the possibilities and limits that litigation, legislation, and policy developments present for work in these areas. Some film is used in class. Evaluation is by an end-of-term, untimed, open book examination, as well as 3 reaction papers assigned throughout the class. Other individual or group projects may also be required. Engaged student discussion and open-mindedness to new, different, and challenging ideas is invited and valued.

    347

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

    A survey of the legal environment of the health services industry in a policy perspective, with particular attention to the tensions and trade-offs between quality and cost concerns. Topics for selective study include access to health care; private and public programs for financing and purchasing health services; the economics of health care and health care costs; the role of professionalism versus the new commercialism in health care; the legal and tax treatment of not-for-profit corporations; regulation of commercial practice in professional fields; fraud and abuse in government programs; the application of antitrust law in professional fields; the internal organization and legal liabilities of hospitals; public regulation of institutional providers, including certification of need; personnel licensure; private personnel credentialing and institutional accreditation; liability for medical accidents; legal liabilities associated with the administration of health benefits; and public regulation of managed-care organizations. Study of the diverse legal problems encountered by a single industry, particularly one as important, complex, and intrinsically interesting as health care, may appeal to students generally interested in public policy and in law and economics as well as those with specific interests in the health care field.

    349

    Indigenous Justice 3
    • JD elective
    • LLM-ICL (JD) elective
    • PIPS elective
    • Spring 24
    • Reflective Writing
    • Midterm
    • Project(s)
    • Class participation

    This course will not be a survey course covering all aspects typically covered in American Indian Law courses. Rather the course will focus on the intersection between justice and law for American Indian Tribes in matters relating to natural and cultural heritage and resources. Some global perspective is also introduced. Seminar topics which will be the subjects of readings, videos, and reflection/discussion include: indigenous culture, law, and politics; federal power over tribal relations and trust responsibilities; select Supreme Court cases on natural and cultural resources; and federal statutory and regulatory authorities implicated in the context of natural and cultural resource disputes. 

    350

    Advanced Constitutional Law: A Legal History of the US Civil Rights Movement 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Fall 21
    • Spring 24
    • Final Exam
    • Class participation

    This course will examine the role of the U.S. civil rights movement in the development of U.S. constitutional law. Conventional theories of judicial independence do not define a legitimate role for social movements in the transformation of U.S. constitutional law, but recent advances in legal scholarship have underscored the co-constitutive relationship between law and social movements.  Accordingly, this course will explore how movement participants engaged the U.S. Constitution and how these encounters shaped constitutional doctrine, social institutions, public discourse, and movement participants themselves. We will investigate the processes of mobilization and counter-mobilization and reflect on how the U.S. civil rights movement often spurred constitutional change through means other than constitutionally specified procedures. We will also consider how and why movements fail and will critically analyze rights-based approaches to reform. Course readings will draw from a wide range of historical, sociological, and legal sources.

    351

    U.S. Immigration and Nationality Law 3
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Final Exam
    • Practical exercises
    • Class participation

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

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

    353

    Equity Valuation and Advanced Financial Statement Analysis 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • Fall 21

    Valuing a business—big or small—is often a central focus of leading legal, banking, investment and business institutions.

    • It drives whether a company does an acquisition or sale.
    • It is often a key component in damages in litigation.
    • It guides how managers make disclosures in private transactions and public filings.
    • At its most macro level, it drives the policy of governments.

    This course provides students with the tools to understand valuation principles, coupled with the depth of accounting necessary to understand the drivers of that valuation—all using the rigor of Certified Financial Analyst (CFA) materials.

    Whether working at a bank, a law firm, a prosecutor's office, an agency or an investment manager, many graduates find themselves without the skills needed to understand the value of entities and their financial statements. Those who have these skills are highly valued and often end up running corporations, law firms, and agencies.

    This is a high-level course for those with experience in corporate finance and accounting. It is designed to give the advanced student a deeper dive into important concepts relating to equity valuation and financial statement analysis. Familiarity with numbers is essential.

    The areas of focus include:

    • Equity Valuation Process
    • Discounted Dividend Valuation
    • Free Cash Flow Valuation
    • Market-Based Valuation: Price Multiples
    • Residual Income Valuation
    • Financial Reporting Mechanics
    • Financial Reporting Standards
    • Advanced Topics in Understanding the Income Statement
    • Advanced Topics in Understanding the Balance Sheet
    • Advanced Topics in Understanding the Cash Flow Statement
    • Financial Analysis Techniques
    • International Standards Convergence
    • Financial Statement Analysis: Applications
    • Inventories
    • Long-Lived Assets
    • Income Taxes
    • Long-Lived Liabilities and Leases
    • Employee Compensation: Postretirement and Share-Based Intercorporate Investments
    • Multinational Operations
    • Evaluating Financial Reporting Quality

    Course Materials

    The two primary texts are Equity Asset Valuation, 4th Edition (CFA Institute Investment Series), by Pinto (Wiley, 2020), and International Financial Statement Analysis, 4th Edition (CFA Institute Investment Series), by Robinson (Wiley, 2020). Handouts and problem sets will be distributed in class. Problem sets will be graded.

    Course Requirements

    1. Class Attendance and Preparation

    Students are expected to attend all sessions. You should read appropriate materials prior to class.

    2. Problem Sets

    Problem sets will be assigned throughout the class. Most of these will be graded. Some problems will not be graded and will be done in teams.

    3. Examinations

    There will be a three-hour mid-term examination on the Equity Valuation section of the course and a three-hour final examination on the Financial Statement Analysis section.

    4. Grading

    Final course grades will be determined by the following allocation:

    • 25% Class Participation
    • 25% Problem Sets
    • 25% Mid-Term Exam
    • 25% Final Exam

    5. The Honor Code

    You are expected to follow the Duke University Honor Code. Specific issues concerning homework and the final examination will be discussed in the first class meeting.

    6. Prerequisites

    One of the following courses (or their equivalents): Corporate Finance, Accounting, or Financial Information. Exceptions can be made by the instructor.

    356

    Effective Communication Outside of the Courtroom 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • Spring 21
    • Spring 24
    • Reflective Writing
    • Group project(s)
    • Oral presentation
    • Class participation

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

    358

    Structuring Venture Capital and Private Equity Transactions 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM NVE Cert
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Fall 20
    • Fall 21
    • Spring 22
    • Fall 22
    • Fall 23
    • Group project(s)
    • Practical exercises
    • Class participation

    In the world of venture capital and private equity, there is no difference between a good business person and a good lawyer. They both must know capitalization structure and law, and they both must know tax and accounting.

    Many never achieve this mastery, and those who do only get there after many years of practice. This course helps the law and business student drive to the top of their game sooner and more effectively than their peers from other institutions.

    The goal is to focus on the formation of deals. We look at the business reasons that parties come together, we look at the business reasons that deals fail to meet expectations, and we look at the business reasons that deals work. This is especially important in private equity and venture capital deals, where exit strategies have to be anticipated from the very outset of a deal.

     

    359

    Introduction to Law and Economics 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 22
    • Spring 23
    • 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 elective
    • LLM-ICL (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Final Exam

    This course covers the basic rules governing the U.S. income taxation of international business and investment transactions. After a brief explanation of basic American income tax concepts, the principal rules of taxation relating to income of American taxpayers that is earned abroad, and the income of foreign taxpayers that is earned in the U.S., will be described and discussed. The course will then focus on how the United States’ rules interact with taxation systems in other countries, exploring the concepts of source of income and residence of the taxpayer, and their role in the tax rules relating to international trade. The course will also include consideration of the role of bilateral tax treaties as a means of promoting crossborder investments and international trade through the avoidance of international double taxation. The OECD model treaty will be examined as an illustration of the interaction between double tax treaties and domestic regulations. The course will also describe and discuss the role of transfer pricing in tax avoidance efforts by business taxpayers, especially U.S. multinational corporations.  Finally, the course will explore recent developments in the international effort to reduce tax-base erosion and income shifting among taxing jurisdictions.

    361

    International Trade Law 3
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • IntlLLM Business Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • 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.

    362

    State Constitutional Law 3
    • JD elective
    • Spring 24
    • Final Exam
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    This course will explore the important field of State Constitutional Law.  It will focus on State Supreme Court decisions, especially those decisions that have decided important constitutional claims differently from the United States Supreme Court.  The focus will be on important constitutional law issues involving voting rights, abortion and other privacy rights, gun regulation, funding of public education, and religious freedom.  It will also explore several structural issues relating to State judiciaries and State Constitutions.

    70% of the course grade will be based on a three-hour take-home exam.  20% will be based on a 10-page paper on an approved state constitutional law topic.  And 10% will be based on class participation.

    363

    Legislation and Statutory Interpretation 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • Spring 22
    • Spring 24
    • 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.

    367

    Advanced Topics in Administrative Law 2
    • JD SRWP
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Research paper, 25+ pages
    • Class participation

    The objective of this course is to provide students the tools to delve deeper into policy questions that are currently arising in administrative law: What is the purpose of the administrative state?  How is it serving the public?  What are the costs and benefits of agency specialization and independence?  To what extent is public participation helpful in maintaining accountability?

    Because administrative agencies are decision-making bodies that are not directly accountable to the electorate, accountability is often achieved by encouraging public participation, transparency, and notice.  This course will explore these themes in the context of selected administrative law topics.  Example topics include: agency capture, independence of administrative law judges, over-specialization of agency-specific precedent, preclusion of judicial review, public participation in rulemaking, the Freedom of Information Act, policy-making through adjudication, and informal agency action.  For certain topics, we will focus on one or two illustrative agencies (e.g., EPA, NLRB, PTO, IRS, VA, etc.).  Reading materials will include textbook excerpts, cases, and legal scholarship.  A previous administrative law course is preferred but not required.

    Each class will consist of a background lecture followed by an interactive discussion of the policy issues raised in the reading.  The course will be taught as a two-hour weekly seminar, focused on class discussion of assigned readings. Students will complete one 25–30 page research paper that can be used to satisfy the upper-level writing requirement.  Students will also present their research papers to the class towards the end of the semester.

    368

    Natural Resources Law and Policy 2
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • IntlLLM Environ Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Research paper, 25+ pages
    • Class participation

    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 elective
    • LLM-LE (JD) elective
    • IntlLLM NVE Cert
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • Fall 20
    • Fall 21
    • Fall 22
    • Spring 24
    • 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.

    370

    Modes of Legal Argument 3
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • Spring 21
    • Fall 21
    • Spring 24
    • Research paper option, 25+ pages
    • Research and/or analytical paper(s), 15 pages
    • Class participation

    Introduction to Legal Theory: Modes of Legal Argument is a 3-credit seminar with enrollment capped at 12, and a final paper that can be used to satisfy the Substantial Research and Writing Project. 

    The course will be organized around a set of essential questions, all vital to the ways we argue about the law. The major schools of legal and constitutional interpretation will be explored.  For example, we will discuss formalism and textualism, purposivism, originalism, process theory, economic analysis, realism and legal pluralism. Each of these theories has an answer to the question, what is the right way to interpret a legal text?  Beyond the text, what modes, or forms of argument are permissible, or mandatory, within our legal tradition?   But each of those inquiries depends on deeper questions. Where does law come from? What, if anything, makes it legitimate? It will also deal with some concrete examples in which those modes of legal argument are tested and deployed:  Does the law create the market economy, or is there a pre-existing template for market economies that frames and limit the interpretation of the laws that govern those markets?  The public/private distinction is central to a liberal society: do we have a consistent or principled way of interpreting those boundaries? How should our understanding of law be affected by the fact that we live in a democratic country, a free-market country, a country with a written constitution? We will consider and approach these questions by way of major schools of legal thought, testing the theoretical approaches against  concrete  problems the legal system has had to address, and the shapes these problems take today. 

    Requirements:  The class requirements include regular Sakai postings on the readings.  Those who are using the paper to satisfy the Substantial Research and Writing Paper will write a 25-30 page final paper on an approved topic, going through the normal process of first draft, conference and revision.  Those who are not will write a 15 page final paper, either on an approved topic of your choice or on one assigned by the instructor.    No prior exposure to legal theory, philosophy or political theory is required.

    376

    Combatants, Brigands, Rebels, and States: The Law of Transnational Terrorism 3
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Fall 21
    • Series of Short Analytical Papers
    • Practical exercises
    • Class participation

    Since September 11, 2001, transnational terrorism has been treated as both crime and war.  Accordingly, the U.S. and other states have targeted members of Al Qaeda and associated forces in major military operations and in surgical strikes, captured and held such persons as law-of-war detainees, and prosecuted suspected members of such groups for terrorism offenses and war crimes, in civilian courts and military tribunals. 

    This course will examine these developments in historical perspective, and will analyze their implications for the interstate system (focusing on the law of state responsibility), the law of war (in particular, combatant and civilian status and associated protections), and the structures of the U.S. Constitution governing war, crime, and military jurisdiction.

    Grades will be based on the quality of weekly (3-page) briefings, practical simulations, and class participation.

    379

    Partnership Taxation 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM NVE Cert
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Fall 21
    • Fall 22
    • Spring 24
    • Final Exam
    • Class participation

    This course is an introduction to the U.S. federal income tax treatment of business entities that are classified as partnerships and their partners under Subchapter K of the Internal Revenue Code. The course will examine the tax rules that govern the lifecycle of a partnership, including formation of the partnership; allocation of the partnership’s income among its partners (and limitations on shifting income, gain or loss among partners); distributions of cash or property by the partnership to its partners; the treatment of liabilities of the partnership; sales of partnership interests; grants of partnership interests as compensation; and liquidation of the partnership.

    380

    Research Methods in International, Foreign and Comparative Law 1
    • JD elective
    • LLM-ICL (JD) required
    • IntlLLM-SJD-EXC elective
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Practical exercises
    • In-class exercise
    • Class participation
    • Other

    This one-credit legal research seminar introduces students to sources and strategies for researching international, foreign, and comparative law. We cover multiple research techniques while exploring freely available and subscription-based access to both primary and secondary sources. Topical coverage includes treaty law, international and regional organizations, international courts and tribunals, and foreign legal research. Assignments will reinforce practical research strategies and processes, and students will practice evaluating print and online sources in a changing information environment. This is a required spring course for students enrolled in the J.D./LL.M. in Comparative and International Law. The class will meet for eight 90-minute sessions. Grades will be based on take-home exercises, class participation, and a final research project.

    384

    Securities Regulation 4
    • JD elective
    • LLM-LE (JD) required
    • IntlLLM NVE Cert
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • 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.

    387

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

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

    389

    Insurance Law 2
    • JD elective
    • IntlLLM Business Cert
    • Spring 24
    • Research and/or analytical paper(s), 15-20 pages
    • Group project(s)
    • Class participation

    Insurance is a trillion dollar per year industry and serves significant social and economic functions across society. Insurance is premised on the fundamental concepts of risk management and risk transfer. Attorneys specializing in a wide-variety of practice areas should appreciate the importance of insurance when advising on commercial transactions and seeking to resolve all types of disputes. This course is designed to provide students with an understanding of basic insurance law concepts, particularly in the context of Commercial General Liability (CGL) insurance, the most common type of liability insurance maintained by businesses of all sizes and in all industries across the United States. Students will gain a practical understanding of insurance theory and the significance of insurance in risk management and risk transfer; the business of insurance, including the roles of the various players and the nature of various insurance products; principles of insurance contract construction and application; and some of the more frequently disputed insurance coverage issues in the context of CGL insurance policies. The course will also cover basic regulatory concepts and London Market/Bermuda Market-specific topics, as well as the emergence of specialty-related insurance products (cyber, media, pollution liability, etc.)

    The final exam will be in the form of a take home writing assignment – it will consist of researching various insurance coverage issues and writing an opinion memorandum to a client (10-12 pages; open book/research using Westlaw/Lexis). Students will have at least a week to prepare.

    390

    Structuring and Regulating Financial Transactions 2
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Final Exam

    The principles applied in structuring financial products in the commercial context reflect a balance of the interests of corporate stakeholders and the rights of third parties. This course will examine these principles with the goal of equipping the student with a base of knowledge that would be readily applied in a finance practice of a commercial law firm. Focusing primarily on traditional syndicated debt finance and securitization transactions, we will examine evolving market conventions that influence debt terms, the rights and expectations of stakeholders in distressed situations and bankruptcy, and the regulatory and compliance structure governing the issuance of these obligations. As part of this process, we also will explore the structuring of letters of credit, derivative transactions, debtor-in-possession financing, and other related financial products.

    393

    Trademark Law and Unfair Competition 2
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntllLLM IP Cert
    • Fall 20
    • Spring 22
    • Spring 23
    • Fall 23
    • Final Exam

    This class offers an introduction to the law of trademark and unfair competition. Whether or not students intend to specialize in trademark law, a basic understanding of its rules will better enable them to advise clients who wish to protect their own marks, as well as those facing claims that they have infringed someone else’s mark. No technical background is needed. Trademarks include brand names and logos, and can also extend to other features that identify the source of a product for its consumers – including colors, packaging, and design – when they meet certain requirements. The course will begin with the requirements for obtaining trademark protection: distinctiveness, use in commerce, special rules for trade dress, and various bars to protection such as genericity and functionality. It will then cover confusion-based trademark infringement, secondary liability, anti-dilution, statutory and common law defenses, false advertising, and cybersquatting. Could a Utah theme park called “Evermore” stop Taylor Swift from calling her album “Evermore”? Did Lil Nas X’s Satan shoes infringe Nike’s trademarks? With the proliferation of craft brews, are we running out of brand names for beer, particularly pun-based “hoptions”? The course will address these and other pressing questions.

    395

    Distinctive Aspects of U.S. Law 2
    • IntlLLM NY Bar
    • IntlLLM required
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • 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.

    399

    Forensic Psychiatry 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 22
    • Spring 23
    • Spring 24
    • Practical exercises
    • Class participation

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

    400

    Health Justice Clinic 4-6
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Reflective Writing
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    This clinical course focuses on people living with serious illness. Student attorneys are the primary legal representatives for clients living with HIV, cancer, and other serious health conditions. Students may also work on policy or community education projects related to health and the law. Under faculty supervision, students handle cases that help clients access health coverage (Medicaid), income (disability benefits.) Students counsel transgender clients seeking legal name changes, gender marker updates, and gender-affirming care. Students may also advocate for individuals to access quality healthcare across different systems: folks in jails and prisons requiring substance abuse treatment or hospice care, for example, or parents and caregivers in the family regulation system who need mental healthcare. In assigning cases, faculty strive to honor students' interests.

    Students engage with clients from diverse backgrounds whose lives have been disrupted by serious illness, including people living in poverty, those who have experienced the financial toxicity of illness, members of the LGBTQ community, and people struggling with substance use disorder or mental illness. The clinic trains students to represent clients in their immediate legal problems and also develops students’ understanding of where structural and systemic changes are necessary.

    In addition to extensive client interactions, students will engage with health care providers, social workers, government officials, and other professionals. Students interview and counsel clients and witnesses, draft briefs and legal memoranda, analyze medical records, collaborate with other professionals, including medical providers and social workers, interview and prepare affidavits for medical providers and other witnesses, conduct fact investigations and legal research, and as needed, represent clients in administrative and other hearings. Interested students may have the opportunity to engage in public speaking through presentations to medical providers, social workers, or client/community groups.

    The Health Justice Clinic is appropriate for students interested in any practice area, as the skills employed are applicable to all areas of law. The Clinic may be particularly relevant for students who will work in health law, disability law, poverty law, or any administrative law field. Graduates of the clinic also report that it was especially helpful in their careers in public policy, government, and for developing a focus for their pro bono work in large firms.

    Classroom work consists of an intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, professionalism, the health care system, social safety net, social determinants of health, and the role of race in health disparities. Students work closely with clinic instructors and enjoy a uniquely supportive mentoring and learning experience. Students work on cases with a partner and have a weekly team meeting with the clinic faculty. Clinic faculty prioritize each student's professional development and encourage the development of a work-life balance that will be essential in law practice.

    The Health Justice Clinic is offered on a variable credit basis, 4-6 credits.

    Clinics Enrollment Policy

    Important:

    Students are required to attend the clinic intensive training session. Students who have previously completed a clinic may skip some portions of the intensive.

    International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

    Ethics Requirement

    Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Health Justice Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

    401

    Advanced Health Justice Clinic
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • PIPS experiential
    • Spring 21
    • Fall 20
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Live-client representation and case management

    Available to students who wish to participate for a second semester in the Health Justice Clinic. Students enrolled in advanced clinical studies are required to participate fully in the case work portion of the clinic, performing 50 or 100 hours of client representation work, depending on number of credits selected (50 hours = 1 credit; 100 hours = 2 credits), but will not be required to attend the class sessions. Consent of Director of Clinic required.

    405

    Appellate Practice 3
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Simulated Writing, Litigation

    Please note: This course is offered only in the fall. And those wishing to drop the course must do so within three days after the first class.

    The course introduces students to appellate advocacy and the appellate process. Students learn the mechanics of briefing and arguing an appeal, as well as strategies for effective appellate advocacy. They also have the opportunity to refine their advocacy skills by orally arguing a case to an appellate judge. The central project entails each student briefing one side of a case and presenting oral argument for that side.

    This semester, the course will be taught by three attorneys from the North Carolina Solicitor General’s Office.

    407

    Appellate Litigation Clinic (Fall) 3
    • JD elective
    • JD experiential
    • PIPS elective
    • PIPS experiential
    • Fall 21
    • Fall 23
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    The Appellate Litigation Clinic is a yearlong clinic that offers students the opportunity to work on a federal appeal in a civil or criminal case involving complex, important legal questions. The clinic aims to advance the public interest and help secure access to justice for those who are underserved by the legal system. Because appellate practice focuses largely on legal research, brief-writing, and oral argument, students will receive intensive training in written and oral advocacy as they are practiced in some of the highest courts in the nation. Students will also engage in all the other critical aspects of appellate practice, including: meeting with clients, listening to them, learning to tell their stories, educating them (and co-counsel) about the substantive law and appellate practice, developing effective legal strategy, and identifying and addressing ethical concerns. Skills developed in the clinic will be directly transferable to trial-court litigation, regulatory work, government service, and many other career paths in the law.

    Clinic students will work in teams to review the trial-court record, identify legal issues, conduct legal research, prepare research memorandums and outlines of arguments, participate in tactical decision-making, draft and edit briefs, and prepare for oral argument. Students will also collaborate on classmates’ cases and participate in the litigation of a variety of legal issues. Subject to the clients’ permission, court approval, and an argument date during the school year, a student will argue each appeal in court. A weekly seminar will include reflection on case work, instruction in appellate procedure and effective written and oral advocacy, and exploration of how to negotiate workplace power dynamics and ethical issues that new lawyers often face.

    Enrollment is limited to third-year students (i.e., students who have completed four semesters of law school).

    To allow students to experience the entire life-cycle of an appeal, from filing the notice of appeal through oral argument, the Appellate Clinic is a full-year clinic. Students enrolled in LAW 407 will therefore also be enrolled in LAW 408, Appellate Litigation Clinic (Spring). Students will receive 3 credits each semester.

    As with other clinics, students are required to attend the clinic intensive training session, and the course may not be dropped after the first class meeting.

    International LLM students who wish to enroll in a clinic must seek the permission of the clinic’s faculty director before the enrollment period. Permission is required for LLM students to enroll but does not guarantee a spot in the clinic.

    Clinics Enrollment Policy

    Important:

    Students are required to attend the clinic intensive training session. Students who have previously completed a clinic may skip some portions of the intensive.

    International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

    Ethics Requirement

    Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Appellate Litigation Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

    408

    Appellate Litigation Clinic (Spring) 3
    • JD elective
    • JD experiential
    • PIPS elective
    • PIPS experiential
    • Spring 22
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    Spring continuation of Appellate Litigation Clinic.

    409

    Entrepreneurship Immersion 1
    • LLM-LE (JD) elective
    • Summer 2018
    • Summer 2019

    Entrepreneurship Immersion provides students with concentrated exposure to the legal, business and regulatory aspects of early-stage company formation. The class takes place in the summer before 2L year for all JD/LLMLE students. The practical application of entrepreneurial skills is paired with classroom instruction each day in the range of business and legal issues likely to be encountered by practitioners. The course addresses the major areas each start-up must consider, from the various perspectives of company founders, investors, customers, and lawyers who represent each constituency.

    416

    Children's Law Clinic 4-5
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Practical exercises
    • In-class exercise
    • Live-client representation and case management
    • Class participation

    The Children’s Law Clinic provides students with an opportunity to represent low-income children and parents on issues relating to the social determinants of health, including education, public benefits, and access to adequate healthcare. Students will work in teams on case assignments that could involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. There will also be opportunities to engage in policy and community education projects. With training and supervision from clinic faculty, students will act as the lead attorneys for the matters on their caseload allowing them to develop critical professional skills such as case strategy development and time management. In the weekly two-hour seminar, students will engage in interactive practical skills training, learn substantive law, and analyze the broader systemic injustices that impact children and families. Students work on clinic cases approximately 10-12 hours a week, for a minimum of 100 hours (4 credits) or 125 hours (5 credits) of legal work during the semester. There is no paper and no exam. Students must be in at least their second semester of law school to enroll in the clinic due to state student practice rules. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic.

    Important:

    • This course may not be dropped after the first class meeting.
    • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
    • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

    Ethics Requirement

    • Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Children's Law Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

    417

    Advanced Children's Law Clinic 3
    • JD elective
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Practical exercises
    • Live-client representation and case management

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

    420

    Trial Practice 3
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24

    This is the basic trial skills course covering Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, and Closing Argument. Depending on the instructor, Expert witnesses may also be a class topic. 

    In sections of 12 students per section, students prepare and perform the skills using simulated problems and case files. Every student performs at every class.  After each performance, each student receives constructive comments from their faculty member.  Students video recordings of each of their performances and at least several are reviewed privately with the student’s instructor. Each faculty member is an experienced trial lawyer.

    The course ends with a full jury trial of a civil or criminal case with teams of two students on each side. When the trial ends, the jury deliberates, and students can watch via a video and audio feed. 

    Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 11, and continue with sessions on the afternoon of Friday, January 12; half day on Saturday, January 13; and half day Sunday, January 14. Attendance is mandatory for each session.

    421

    Pre-Trial Litigation 3
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Practical exercises
    • In-class exercise
    • Class participation

    This practical skills course focuses on the path civil litigators must navigate prior to trial. It is becoming increasingly rare for cases to be decided by a jury.  Lawyers must instead learn to succeed during the pretrial process.  We will examine the key components of the civil pretrial litigation process, beginning with the filing of a law suit.  The class will be divided into law firms on the second week of class. You will work with co-counsel, representing a hypothetical client, for the entire semester.  Law firms will prepare and serve discovery and respond to discovery from opposing counsel. Students will prepare and argue a short discovery motion. The last four weeks of class focus on depositions, with each student taking and defending a deposition. This course will help students synthesize and more deeply understand the strategy and the practical application of civil procedure and evidence rules used in litigation advocacy. 

    Topics  include:

    • Drafting pleadings and motions
    • Preparing and responding to discovery
    • Taking and defending depositions
    • Practicing becoming a more effective advocate in the current on-line environment facing all attorneys and courts.

    The course grade is based on written and practical skills-based work product and class participation, as described in the syllabus.  There is not a final exam.

    422

    Criminal Trial Practice 3
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24

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

    Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 11, and continue with sessions on the afternoon of Friday, January 12; half day on Saturday, January 13; and half day Sunday, January 14. Attendance is mandatory for each session.

    425

    Pretrial Criminal Litigation 1
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Oral presentation
    • Practical exercises
    • Class participation

    This course will focus on the pretrial phase in criminal cases.  We will begin with a defendant’s initial appearance and conclude with a plea hearing.  Class discussions and readings will explore the pretrial practices of effective defense counsel, including conducting a defense investigation, working with experts, and managing clients.  The class will also emphasize oral advocacy skills, so students will be expected to appear as counsel during mock, in-class court hearings. It is anticipated that each class session will be divided into two components: (1) a short lecture/discussion period based on course readings and (2) skills practice.  Finally, this course will provide students with an opportunity to familiarize themselves with criminal case pleadings, including the drafting of at least one motion.  The course grade will be based on classroom participation, performance, and written work.  There is no final exam. 

    427

    Community Enterprise Law Clinic 4
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    Operating like a small private law firm, this clinic will provide students interested generally in business law practice and/or in specializing in working with nonprofit organizations with practical skills training in many of the core skills required in any transactional legal practice, including interviewing, counseling, drafting and negotiation. Under the supervision of the clinical faculty, students will represent low-income entrepreneurs, as well as a wide variety of nonprofit organizations engaged in community development activities. In their cases, students will have the opportunity to work on a wide variety of legal matters for their clients. These may include entity formation (both for-profit and nonprofit); obtaining tax-exempt status for nonprofit clients and providing ongoing tax compliance counseling; negotiating and drafting contracts; and representing clients in community development transactions. All enrolled students will be required to provide a minimum of 100 hours of legal work per semester and to participate in weekly group training meetings.

    Clinics Enrollment Policy

    Important:

    • This course may not be dropped after the first class meeting.
    • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
    • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

    Ethics Requirement

    Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Community Enterprise Law Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

    428

    Advanced Community Enterprise Clinic 2
    • JD elective
    • LLM-LE (JD) elective
    • PIPS elective
    • PIPS experiential
    • Spring 21
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    This two-credit course is available to students who have participated in one semester in the community enterprise clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing 100-120 hours of client representation work, but will not be required to attend the class sessions.

    429

    Civil Justice Clinic 4
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    This Clinic will develop and hone civil litigation skills in the context of working on actual cases taken in directly by the CJC or working in association with the Durham and Raleigh offices of Legal Aid of North Carolina, with the Consumer Protection Division of the North Carolina Attorney Generals’ office, and with the North Carolina Office of Administrative Hearings. Cases will focus on vindicating the rights of impoverished individuals or groups who cannot otherwise adequately find justice in the civil courts. 

    Students will be directly supervised by the Clinic Director and/or Supervising Attorney and/or Legal Aid attorneys. Cases may include prosecuting unsafe housing claims, defense of eviction claims, prosecuting unfair trade practice and debt collection claims, administrative hearing appeals for the revocation of licenses/certifications, representation of domestic violence victims, and a variety of other civil matters. 

    Initial classroom training in the various stages of civil litigation will be conducted by the Clinic Director and Supervising Attorney, followed by weekly individual or group meetings and training sessions. Skill development will include interviewing clients/witnesses, review of relevant documents/discovery, assessment of cases, drafting of pleadings, drafting of discovery, taking of depositions, recognition of ethics issues, and actual court or agency appearances. All enrolled students will be required to provide a minimum of 100 hours of client legal work per semester as well as to participate in the weekly class and training sessions. The CJC is typically taken for 4 credit hours, but with permission, it may be taken for 5 or 6 hrs. with additional minimum hour requirements.

    Students must be in at least their third semester of law school to enroll in the Clinic. Courses in Evidence and/or Trial Practice are recommended but not required as prerequisites or corequisites.

    Important:

    • This course may not be dropped after the first class meeting.
    • Students must be able to attend the day-long clinic intensive training session to enroll in this course.
    • International LLM students who wish to enroll in the clinic must seek the permission of the Clinic Director prior to the enrollment period.
    • An Advanced Civil Justice Clinic can be available for a second semester, with the permission of the Clinic Director.

    431

    Advanced Civil Justice Clinic
    • JD elective
    • PIPS elective
    • PIPS experiential
    • Spring 21
    • Fall 20
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    This course builds on the lectures, training, and work of the basic Civil Justice Clinic.

    Variable Units: 1-2 credits

    435

    First Amendment Clinic 4
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Live-client representation and case management

    This clinic develops counseling, litigation, and advocacy skills through direct representation of clients and policy advocacy. Our clients include journalists, individuals, and organizations of diverse points of view whose free speech rights have been abridged. Representative matters include: defamation defense; prepublication review of news articles, podcasts, and blogs; access to public records and meetings; social media blocking; and specialized appellate representation and amicus support. The clinic also provides commentary and legal analysis on pending or enacted legislation that implicates First Amendment freedoms. Students are directly supervised by the Clinic Director, the Supervising Attorney, and the Local Journalism Fellow. All enrolled students will be required to bill at least 100 hours a semester on client matters or other professional activities, as well as to participating in the weekly seminar and supervision meetings.

    Important:

    This course may not be dropped after the first week.

    Students must be able to attend the day-long clinic intensive training session to enroll in this course.

    Ethics Requirement

    Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the First Amendment Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

    435A

    Advanced First Amendment Law Clinic 2
    • JD elective
    • PIPS elective
    • PIPS experiential
    • Spring 21
    • Fall 20
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Live-client representation and case management

    This two-credit course is available to students who have participated in one semester in the First Amendment Law clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic.. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing 100-120 hours of client representation work, but will not be required to attend the class sessions.

    437

    International Human Rights Clinic 4-5
    • JD elective
    • JD experiential
    • LLM-ICL (JD) elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Class participation

    The International Human Rights Clinic provides students with an opportunity to critically engage with human rights issues, strategies, tactics, institutions, and law in both domestic and international settings. Through the weekly seminar and fieldwork, students will develop practical tools for human rights advocacy—such as fact-finding, litigation, indicators, reporting, and messaging—that integrate inter-disciplinary methods and maximize the use of new technologies. Students will also develop core competencies related to managing trauma in human rights work, as well as the ethical and accountability challenges in human rights lawyering. Types of clinic projects include those that: apply a human rights framework to domestic issues; involve human rights advocacy abroad; engage with international institutions to advance human rights; and/or address human rights in U.S. foreign policy. Students work closely with local organizations, international NGOs, and U.N. human rights experts and bodies. Students are required to have taken Human Rights Advocacy (offered only in the Fall) as a pre-requisite or co-requisite. There is no ethics requirement for this course. Some travel will likely be involved. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects for a minimum of either 100 or 125 hours of clinical work during the semester. This course may not be dropped after the first class meeting.

    Enrollment Pre-/Co- Requisite Information

    Students are required to have taken Human Rights Advocacy (offered only in the Fall) as either a pre-requisite or co-requisite. LL.M. students are eligible for enrollment in the Clinic in the Spring semester with instructor permission and should contact Prof. Huckerby to discuss eligibility requirements.

    438

    Advanced Human Rights Clinic
    • LLM-ICL (JD) elective
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Fall 23
    • Spring 24
    • Group project(s)

    Available to students who would like to participate in a second semester of the International Human Rights Clinic. Consent of Clinic Director required.

    441

    Start-Up Ventures Clinic 4
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    The Start-Up Ventures Clinic represents entrepreneurs and early-stage businesses and social ventures on a variety of matters related to the start-up process, including formation, founder equity and vesting, shareholder agreements, intellectual property protection and licensing agreements, commercialization strategies, and other issues that new enterprises face in their start-up phases.

    The course incorporates client representation with a seminar and individualized supervision to provide students with a range of opportunities to put legal theory into practice and to develop core legal skills such as interviewing, client counseling, negotiation, and drafting. Students in this course will, among other things, have the chance to deepen their substantive legal knowledge in entrepreneurial law and business law more generally, while at the same time developing critical professional skills through the direct representation of start-up businesses and entrepreneurs. 

    Important:

      • See Clinics Enrollment Policy
      • This course may not be dropped after the first class meeting.
      • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
      • International LLM students who wish to enroll in a clinic must seek the permission of the instructor prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
    • Business Associations and Advising the Entrepreneurial Client or Start-Up Law are recommended but not required.

    Ethics Requirement

    Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Start-Up Ventures Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

    441A

    Advanced Start-Up Ventures Clinic
    • JD elective
    • LLM-LE (JD) elective
    • PIPS elective
    • PIPS experiential
    • Spring 21
    • Fall 20
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    The Advanced Start-Up Ventures Clinic is for students who have already completed a semester in the Start-Up Ventures Clinic (Law 441) and wish to continue their experiential education in the start-up space, whether it be a to-be-determined project on a specific area of entrepreneurial law, or working with a specific client or in a specific industry. Typically, the course is two credits and permission to take the Advanced Start-Up Ventures Clinic must be approved by the Clinic Director. 

    443

    Environmental Law and Policy Clinic 4
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    The Duke Environmental Law and Policy Clinic is an interdisciplinary clinic that represents non-profit community-based and environmental organizations throughout the region to address a wide variety of environmental concerns in a variety of different venues. Students work in interdisciplinary teams and engage directly with clients to develop legal and advocacy strategies, conduct site-based assessments, develop legislative and regulatory proposals, and participate in community outreach and education efforts. Students also may engage in litigation, regulatory, and policy proceedings as case needs dictate. Skills training is conducted in weekly seminars and case management meetings and emphasizes client counseling, legal and policy advocacy, networking and working with experts. Although the mix of topics addressed varies among semesters, common themes include environmental justice, climate change, water quality, natural resources conservation, endangered species protection, sustainable agriculture, public trust resources, and environmental health. Clinic faculty make an effort to honor student preferences for case assignments, consistent with case needs and each student’s objectives for professional growth and development.

    Clinic Enrollment and Credit Policies

    To enroll, law students must have completed their 1L year; Nicholas School students may enroll after their first semester with permission from the clinic's directors. International LLM students may enroll during their second semester with permission from the clinic's directors. Variable credit (4-6 hours) is allowed for law students with permission from the clinic’s directors.

    Although not a prerequisite, students are encouraged to have completed Environmental Law, Ocean and Coastal Law and Policy, and/or Administrative Law prior to enrollment.

    Ethics Requirement for Law Students

    Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Environmental Law and Policy Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

    Important to Note: This course may not be dropped after the first class meeting. Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.

    443A

    Advanced Environmental Law and Policy
    • JD elective
    • PIPS elective
    • PIPS experiential
    • Spring 21
    • Fall 20
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    This variable-credit (2-4 credits) course builds on the training and work of the EL&PC and offers students the opportunity to develop case leadership and deeper client relationships. Students enrolled in the Advanced Clinic are required to participate fully in the case work portion of the clinic, performing at least 100 hours of client representation work (or more, depending on credit hours), and are required to attend weekly case management meetings. In addition, Advanced students must attend two discussion sessions with other advanced clinic students that will be scheduled after the start of the semester. Instructor permission and successful completion of one semester of clinical work are required to enroll.

    445

    Immigrant Rights Clinic 4-6
    • JD elective
    • JD experiential
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Reflective Writing
    • Live-client representation and case management
    • Class participation

    The Immigrant Rights Clinic engages students in the direct representation of noncitizens and community organizations in litigation, community outreach, and policy advocacy. Students will work in teams to represent individual clients in litigation matters, such as removal proceedings in immigration court, administrative or federal appeals, or other legal claims, as well as work with community-based organizations in advocacy projects or outreach and education campaigns. Through a mix of individual and organizational representation, students will develop an integrated approach to promoting the rights of immigrants. Direct representation of individual clients will require students to develop skills in fact-development, client interviewing, affidavit drafting, expert opinion development, testimony preparation, legal briefing, and case planning that combines client narratives with long-term appellate strategies. In working with organizational clients and partners, students may gather data and produce policy reports; develop accessible legal resources for immigrant families and their allies; and collaborate with grassroots organizers, policy-makers, pro bono counsel teams, and national advocacy groups.

    Students are directly responsible for these cases and take the leading role in defining advocacy goals and strategies with their clients. Through the clinic, students can build their litigation skills and develop a better understanding of how to engage in immigrant rights campaigns. The Immigrant Rights Clinic combines a substantive weekly seminar, case work, and weekly case supervision and instruction meetings. It is a one-semester course offered in both the fall and spring semesters and students will have an Advanced Clinic option.

    Clinics Enrollment Policy

    This course may not be dropped after the first class meeting. International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

    445A

    Advanced Immigrant Rights Clinic
    • JD elective
    • PIPS elective
    • PIPS experiential
    • Spring 21
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Reflective Writing
    • Live-client representation and case management
    • Class participation

    This course is available to students who have participated in one semester of the Immigrant Rights clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic.

    447

    Criminal Defense Clinic 4
    • JD elective
    • JD experiential
    • PIPS experiential
    • Spring 23
    • Fall 23
    • Spring 24
    • Reflective Writing
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    The Criminal Defense Clinic will center around the direct representation of indigent clients facing prosecution for criminal charges in Durham District Court. The primary focus of student casework will be serving as lead counsel on misdemeanor cases. Students’ trial-level advocacy will be grounded in seminar examination of mass incarceration, the impacts of race and poverty in the criminal justice system, and principles of client-centered and community-oriented defense. Through observation and shadowing, their own in-court experiences, and close faculty supervision clinic students will develop professional skills in client interaction, fact-development, case planning, negotiation, legal writing and argument, and trial advocacy. The semester will conclude with students extrapolating opportunities for systemic reform, derived from their experiences representing individual clients, with an emphasis on creative and interdisciplinary advocacy. Consistent with the law school’s other clinics, the Criminal Defense Clinic will combine a substantive weekly seminar with weekly individual case supervision and preparation meetings, and clinical casework.

    460

    Negotiation for Lawyers 3
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • IntlLLM NVE Cert
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing, option
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Reflective Writing
    • Research and/or analytical paper(s), 15-20 pages
    • Practical exercises
    • Class participation

    For lawyers in every type of law practice, the ability to negotiate effectively is an essential skill.  As a lawyer, you will negotiate when you try to settle a lawsuit, close a merger, or arrange a plea bargain.  You will negotiate with counterparts, clients, and co-workers.  You will negotiate with service providers and the “system” – the court, the government, or your community.  And, you will continue to negotiate with your friends and family.  In this highly interactive seminar, we will explore the theories, skills, and ethics involved in legal negotiation.  With limited exceptions, in each class you will participate in a role-play simulation of increasing complexity, experiment with new techniques, and then reflect on what negotiation strategies worked best for you.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  Through this process, you will not only gain insight into your own negotiation style, you will develop the toolkit you need to approach each new negotiation with confidence. 

    Because of the nature of the course, the amount of information delivered during the first class period, the importance of participating in the first role-play simulation during the first class period, and the typical waitlists for enrollment in the course, attendance at the first class is absolutely required.  A student who fails to attend the first class without prior consent of the instructor will forfeit his or her place in the class.  (Working for an additional week in the summer and call-back interviews are not acceptable excuses for missing the first class.)  Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enroll before the second class occurs.  Thus, students may drop this course without permission only before the second class. 

    Because of the similarities between this course and the negotiation course taught at the Fuqua School of Business, a law student may not receive law school credit for both courses.

     

    465

    Patent Claim Drafting and Foundations of Patent Strategy 1
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntllLLM IP Cert
    • Spring 22
    • Spring 24
    • Practical exercises
    • Class participation

    Scope of patent protection is controlled by definitions of the invention known as patent claims. The role of intellectual property protection in the economy has caused attention to be given to the precision of claim drafting. Focus on skills used in patent claim writing across a variety of technical fields and developed through exercises, problems, and competitions. Discussions of client counseling and patent application drafting in conjunction with the skill-oriented sessions provide a background in the practical issues that control the approaches taken to claim writing, as well as a basis for discussion during particular problems. This course is especially useful for students interested in patent preparation, prosecution, and litigation, or corporate law involving intellectual property transaction.

    Students are required to attend the first class in order to remain enrolled in it.

    468

    Child Advocacy Lab 1
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 22
    • Spring 23
    • Reflective Writing
    • Group project(s)
    • Practical exercises

    There is significant lack of understanding between the fields of medicine and law, as well as missed opportunities to advocate for children’s rights and improved health outcomes. The Child Advocacy Lab offers a unique opportunity to join a dynamic, collaborative learning environment bringing medical and law students to the forefront of child advocacy.  Students will engage in team projects and conduct research related to current child advocacy issues, with particular focus on recent changes in mandated reporting laws that have greatly affected all professionals working with children.  The lessons learned from working cooperatively with other disciplines will directly translate to enhance career skills for interdisciplinary practice.

    470

    Poverty Law 3
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Fall 21
    • Fall 22
    • Spring 24
    • 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).

    471

    Science Regulation Lab 2
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • Spring 21

    SciReg Lab teaches students about the use of emerging science and technology in the regulatory agencies through the drafting and submission of comments to federal rule-makings. The comments will be unaligned with any party and are intended to provide the regulatory agencies with unbiased, current, accurate and coherent information about the science underlying the proposed rule. The course is cross-listed in the Law School and Graduate School and the students will be drawn from the sciences, ethics, policy and law to work in interdisciplinary teams. The course will begin with a brief overview of notice-and-comment rulemaking, and how to translate scientific information into the language of courts and agencies. The ethical issues presented by this process will be an important component of the course content. With the assistance of faculty, the students will track pending rulemakings and select proceedings in which to file a comment. A background is science is recommended, but not required.

    472

    Amicus Lab 2
    • JD elective
    • PIPS elective
    • Spring 21
    • Simulated Writing, Litigation
    • Group project(s)

    A wide range of cases raise novel scientific issues, which judges can struggle to resolve. One way to provide courts with independent information and insight regarding complex scientific issues is through the filing friend of the court, or amicus curiae briefs. The purpose of the Amicus Lab is to teach students about the use of emerging science and technology in the courts through the drafting such amicus briefs. We will draft a number of amicus briefs, including to submit to state and federal appellate courts and the US Supreme Court, on topics and in cases where independent expert views could play a useful role. These amicus briefs will be unaligned with any party and are intended to provide the court with unbiased, current, and coherent information about the scientific issue in the case.

    We will meet weekly at a time convenient for all of the students in the lab. Students will initially focus upon the preparation of background memoranda on the selected scientific issues. These memoranda will be used to develop draft amicus briefs over the course of the semester. No scientific background is required, but it would be helpful, as would the basic Evidence course.

    473

    Scholarly Writing Workshop 3
    • JD SRWP
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Research paper, 25+ pages
    • 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 substantial 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.

    Under Law School Rule 3-1 as approved in May 2022, this course will conform to a 3.5 median unless special circumstances merit exceeding that median, but it will not be subject to distributional bands outside the 3.5 median because grading is not based on a uniform metric.

    Attendance is required at the first class meeting and students should come prepared with ideas for possible paper topics. Those wishing to drop the course must do so within one day following the first class.

    International LLM students must be pre-certified to enroll. Interested students should check with the Office of International Studies before enrolling.

    475A

    Law & Policy Lab: Data Governance 2
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • Spring 22
    • Spring 23
    • Fall 23
    • Simulated Writing, Transactional
    • Reflective Writing
    • Group project(s)
    • Class participation

    In an age where nearly every organization collects and uses data, lawyers must be data-savvy. Modern data challenges ask clients to navigate legal, technical, and mission considerations, often all at once. Machine learning and artificial intelligence add still more questions, even as organizations race to realize data’s potential.

    This course focuses on data governance: how organizations and communities make decisions about data, code, and their missions, and the wide-ranging impact of those decisions. Students will learn about three foundational data governance models: how companies protect and manage access to data; how data is shared and reused for research purposes; and how public datasets are assembled and managed. The course will feature simulations and interactive exercises to help students apply these models and skills to real-world scenarios.

    At the end of the class, students will gain an understanding of how the law defines and regulates data, and how regulatory frameworks for data differ from field to field. They will also gain foundational knowledge in organizational and multi-stakeholder governance, and how good governance principles might apply to data. Finally, they will gain experience designing and applying governance models for organizations and multi-stakeholder collaborations.

    No technical background is necessary to take this class. The first few weeks will include an introduction to data, databases, and governance best practices. 

    476

    Ethical Technology Practicum 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntllLLM IP Cert
    • Spring 22
    • Fall 22
    • Spring 23
    • Group project(s)
    • Oral presentation
    • Practical exercises
    • Class participation

    Technological developments have greatly outpaced the legal, ethical, and policy developments in many areas of emerging technology.  As a result, these developments raise important questions on the legal and policy frameworks and practices most appropriate to build an ecosystem of trust that will help ensure citizens and other stakeholders that these innovations will benefit them and are being developed and deployed in an ethical, safe, reliable and responsible manner.  Policymakers and other stakeholders around the globe are grappling with these questions.  As the policy discussions unfold, organizations also are developing their own practices for operationalizing trustworthy or ethical technology.  To do this, organizations often assemble cross-functional teams and develop policies and practices to guide their organization, drawing on myriad sources such as existing and proposed laws, “soft law,” and other resources.  When it comes to the development of individual or novel technologies or platforms, those teams often include ethical guidance to inform “ethics by design” that can help direct developers, and the development of products themselves. The goals of this Practicum are to provide (a)the foundational legal, ethical, and policy frameworks, drawing upon the growing body of existing and proposed laws, ethics by design approaches, and other literature and resources, and (b) practical experience working in a cross-functional team to help an organization design a plan to help manage ethical development of an emerging technology or technological platform in their portfolio. Students will be evaluated on various steps in developing their plans, working with their client, their completed plan, and presentation of their work. 

    478

    Real Estate Transactions and Litigation 3
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Spring 22
    • Spring 23
    • Spring 24
    • Simulated Writing, Transactional
    • Practical exercises
    • Class participation

    Students will be introduced to the core types of real estate transactions practicing attorneys are likely to encounter, with a particular focus on how certain issues and relationships common to such transactions first impact document negotiation and later often lead to disputes and litigation. The course will explore these transaction types through actual case studies to identify and reinforce key business considerations, areas of friction and disagreement, and transactional/litigation strategy. Class meetings will include either a group or individual exercise on transactional drafting, negotiation or litigation strategy on which students will be graded. The course will conclude with a final simulation in which students will be given fact patterns regarding a hypothetical transactional dispute and asked to: (i) “mark-up” and revise select contract provisions from a selection of the various transactional types studied during the course; and (ii) evaluate and analyze the issues most likely for dispute.

    480

    Mediation Advocacy 3
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Simulated Writing, Transactional
    • Simulated Writing, Litigation
    • Reflective Writing
    • Practical exercises
    • Class participation

    With mediation now a required step in a litigated case in most state and federal courts, and a preferred approach to conflict resolution in many parts of the world, it is a process that every litigator will no doubt use in practice.  In this advanced experiential seminar, we will explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client.  The majority of class sessions will be dedicated to group exercises and simulated mediations in which we build upon the techniques learned in Negotiation to equip you with skills that will be invaluable whether you want to mediate, represent clients effectively in mediation, or simply be a better negotiator.  You will also have the opportunity to practice persuasive writing as you draft pre-mediation statements, and will learn the essential elements of drafting agreements memorializing your settlements.  By engaging in all phases of the mediation process, you will not only improve your social and emotional competence, you will develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation.

    493

    Wrongful Convictions Clinic 4
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • PIPS experiential
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Practical exercises
    • In-class exercise
    • Live-client representation and case management
    • Class participation

    The Wrongful Convictions Clinic pursues plausible claims of legal and factual innocence made by incarcerated people in North Carolina convicted of serious felonies. 

    Students in the clinic study the causes of wrongful convictions, including mistaken eyewitness identification, false confessions, faulty forensic evidence, “jailhouse snitches,” and race. Student-attorneys work under the supervision of faculty to develop, manage, and litigate cases by carrying out a wide range of legal activities, including communicating with our clients, locating and interviewing witnesses about facts, gathering documents and records, drafting a range of legal documents and memos, working with experts, and helping to prepare for evidentiary hearings and oral arguments in state and federal courts. Most clinic cases do not involve DNA.

    Many former students describe their time in the clinic, working to exonerate individuals incarcerated for crimes they didn't commit, as their most rewarding experience during law school.

    494

    Advanced Wrongful Convictions Clinic
    • JD elective
    • PIPS experiential
    • Spring 21
    • Fall 20
    • Fall 21
    • Spring 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Group project(s)
    • Practical exercises
    • Live-client representation and case management
    • Class participation

    The Advanced Clinic builds on the lectures, training, and work of the Wrongful Convictions Clinic. Students will be assigned to Clinic cases, working more independently than Clinic students, though still under faculty supervision.  Depending on the status of the case, students will interview witnesses, draft legal documents, work with experts, prepare for court, and otherwise take the steps necessary to prove the Clinic client’s claim of innocence and related constitutional claims.  Prerequisite: Wrongful Convictions Clinic or, in the exceptional case, permission of the instructor.

     

    500

    Arbitration: Law and Practice 3
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • Fall 20
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Oral presentation
    • Class participation

    Special COVID Note:
    This course will be conducted synchronous online via Zoom during the scheduled class time; it will also be recorded.

    This course will examine the substantive law of arbitration during the first half of the term using excerpts from the textbook Arbitration: Cases and Materials by Huber & Weston (3rd Edition, LexisNexis) and focus thereafter on the development of practical skills for conducting an arbitration presentation. The textbook excerpts will be posted on Sakai. The class will be limited to a maximum of 18 students. Grading will be based upon class participation, the submission of written arbitration briefs, and the oral presentations of arbitration arguments/evidence.

    It is anticipated that students will be offered a choice among three or four arbitration problems from which they will pick one problem for briefing and oral presentation. Some problems are susceptible to being handled by teams for claimant and respondent, while others can be handled individually. The problems may deal with such diverse claims as construction, medical malpractice/products liability, and employment discrimination, among others. At least one problem available for selection will address international commercial arbitration issues, taken from the current problem being used for the Willem Vis Arbitration Moot, which is an international law school competition.

    501

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

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

    502

    Forensics Litigation 1.5
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Research and/or analytical paper(s), 10-15 pages
    • Group project(s)
    • Oral presentation
    • Practical exercises
    • Class participation

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

    503

    The Constitution in Congress 2
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • Spring 21
    • Spring 22
    • Research paper option, 25+ pages
    • Class participation

    Many of America’s formative constitutional struggles occurred in the halls of Congress, rather than the courts. Principles now taken for granted were once vigorously contested, often along partisan or sectional lines. This course will explore moments of congressional deliberation that shaped the trajectory of American constitutional development. Likely topics include debates over the Alien and Sedition Acts, the spending power, military conscription, territorial expansion, executive power, antislavery petitioning, the Fugitive Slave Acts, the legacy of Dred Scott, women’s equality, and judicial supremacy. Students will analyze key floor debates and committee reports alongside later Supreme Court decisions covering similar substantive ground.

    Throughout the course, we will encounter sophisticated and wide-ranging arguments on matters of first impression. These episodes provide rich historical insight into contemporary debates over how the Constitution should be interpreted. We will also consider the extent to which modern constitutional law has been shaped by concepts that have fallen out of favor and by practices that are now viewed with moral revulsion. And we will reflect on the absence of perspectives that were systematically excluded from Congress until well into the nineteenth and twentieth centuries.

    The course will be taught as a two-hour weekly seminar, focused on class discussion of the assigned readings. Students will complete a research paper that can be used to satisfy the upper-level writing requirement.

     

    504

    Critical Race Theory 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Spring 22
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Oral presentation
    • Class participation

    Critical race theory (CRT), a scholarly movement that began in the 1980s, challenges both the substance and style of conventional legal scholarship.  Substantively, critical race scholars (“race crits”) reject formal equality, individual rights, and color-blind approaches to solving legal problems.  Stylistically, race crits often employ new methodologies for legal scholarship, including storytelling and narrative.  This course introduces CRT’s core principles and explores its possibilities and limitations.  With a heavy focus on writings that shaped the movement, the course will examine the following concepts and theories: storytelling, interest convergence theory, the social construction of race, the black-white paradigm, the myth of the model minority, intersectionality, essentialism, working identity, covering, whiteness and white privilege, colorblindness, microaggressions, and implicit bias.  Students will apply these theories and frameworks to cases and topics dealing with, among other things, first amendment freedoms, affirmative action, employment discrimination, and criminal disparities and inequities.  The course affords students an opportunity to think about the ways in which racism, sexism, classism, and heterosexism are inextricably interwoven as well as an opportunity to challenge critically our most basic assumptions about race, law, and justice.

    505

    Criminal Justice Policy Lab 2
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
      • Reflective Writing
      • Research and/or analytical paper(s), 10-15 pages
      • Oral presentation
      • Class participation

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

      506

      Alternative Dispute Resolution 2
      • JD elective
      • JD experiential
      • IntlLLM NY Bar
      • IntlLLM-SJD-EXC elective
      • Fall 21
      • Fall 22
      • Fall 23
      • Reflective Writing
      • Practical exercises
      • Class participation

      This survey course will provide you with a comprehensive overview of the various alternatives to traditional litigation that are used to resolve civil disputes, including negotiation, mediation, arbitration, collaborative law, and other innovative processes. It is designed primarily for students who wish to gain a basic understanding of the variety of dispute resolution processes available when representing a client. Each week, you will have the opportunity to explore the theoretical basis for and practical operation of different ADR processes through class discussion and in-class exercises. We will also discuss ADR and culture, ODR, drafting ADR clauses in contracts, and dispute resolution system design. Required coursework will include readings, participating in in-class exercises, preparing entries in a weekly conflict resolution journal, and an end-of-semester project. By the conclusion of the course, you should be able to assist a client in choosing the most appropriate ADR process in light of the advantages and disadvantages of each, and will better understand a third-party neutral’s role in facilitating or fashioning a just resolution of a dispute. 

      507

      Federal Indigent Defense in Practice 3
      • JD elective
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Fall 21
      • Fall 22
      • Spring 24
      • Simulated Writing, Litigation
      • Reflective Writing
      • Practical exercises
      • Class participation

      The Sixth Amendment guarantees “the right of the accused to require the prosecution’s case to survive the crucible of meaningful adversarial testing.”  United States v. Cronic (1984).  Most individuals prosecuted with federal crimes cannot afford an attorney, and thus, rely on the assistance of federal defenders and other lawyers in the community appointed to defend them.  This course provides an in-depth introduction to the substantive law and professional skills needed to represent an indigent defendant.  The course will be equally valuable to students interested in working as a federal prosecutor or as a prosecutor or defender in state court.  

      Effective representation in a federal criminal case requires an understanding not just of the substantive and procedural federal law, but also of the U.S. Sentencing Guidelines and the interaction between federal and state law.  The attorney needs to understand the practical problems involved in representing a true underdog facing the power and endless resources of the United States government, develop sharp advocacy and negotiation skills, and possess deep empathy for individuals who would not otherwise have a voice.

      Students will study these issues from the perspective of appointed attorneys representing a defendant based on an actual federal criminal case.  Substantive areas of focus will include federal firearm and drug laws (the government’s bread and butter charges in indigent cases), challenging the guilty plea and sentence, overcoming waivers and unpreserved errors, constitutional issues including common Fourth Amendment concerns arising from police searches and seizures, and the practical considerations involved in obtaining the best outcome for the client.  The course will also necessarily consider the intersection of race, poverty, and systemic discrimination in our system of justice. 

      Professor H. Jefferson Powell will focus on relevant constitutional issues.

      510

      Legal Interviewing & Counseling 2
      • JD elective
      • JD experiential
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Fall 20
      • Fall 21
      • Fall 22
      • Fall 23
      • Reflective Writing
      • Practical exercises
      • In-class exercise
      • Class participation

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

      511

      International Criminal Law 3
      • JD elective
      • LLM-ICL (JD) elective
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Fall 20
      • Fall 21
      • Series of Short Analytical Papers
      • Practical exercises
      • Class participation

      “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, and aggression, as well as “treaty crimes,” such as terrorism offenses. Particular attention will be focused on the question of jurisdiction over such offenses in national courts and international tribunals,” and on immunities to such jurisdiction.

      Grades will be based on the quality of weekly (3-page) briefings, practical simulations, and class participation.

      512

      Bail Reform 1
      • JD SRWP with add-on credit
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing option with additional credit
      • PIPS elective
      • Spring 22
      • Reflective Writing
      • Class participation

      Bail practices define who is held in jail in the United States.  Most people held in jails are awaiting trial, and in turn, most of those people cannot afford to pay a cash bond to secure their release.  This seminar will examine the unique system of pretrial detention in the United States, from historical, legal, social, and policy perspectives. We will read leading Supreme Court cases, recent civil rights challenges and judicial rulings regarding bail practices, bail reform legislation, and empirical literature regarding the impacts of pretrial decisions and supervision on people's lives and social outcomes. Students will write short reaction papers regarding each of week's reading, and may also choose to write a more substantial research paper if they wish to earn a second credit. 

      512W

      Bail Reform, Writing Credit 1
      • JD SRWP
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing
      • PIPS elective
      • Spring 22
      • Research paper, 25+ pages

      While enrolled in LAW 512 Bail Practice, students who plan significant research projects on related topics may register for LAW 512W in order to satisfy the JD Substantial Research and Writing Project.

      514

      Research Methods in Administrative Law 2
      • JD elective
      • JD experiential
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Fall 20
      • Spring 21
      • Fall 21
      • Research and/or analytical paper(s), 10-15 pages
      • Oral presentation
      • Short Research Assignments
      • Class participation

      This course focuses on administrative law research, including federal regulations, the federal rulemaking process, documents produced by federal agencies such as “no action” letters and guidance documents, and research into the enabling legislation and related legislative process. It will also cover research into legislative and regulatory stakeholders, demonstrating tools to discover information on companies, lobbyists, and individuals, with the goal of facilitating student research expertise in addressing administrative law issues in practice. Classwork will be supplemented by discussions with current practitioners in the regulatory field, demonstrating real-world issues faced by administrative lawyers.

      515

      Contract Drafting for the Finance Lawyer 2
      • JD elective
      • JD experiential
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • IntlLLM NVE Cert
      • Fall 20
      • Spring 21
      • Practical exercises
      • In-class exercise
      • Class participation
      • Variable by section

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

      518

      Constitutional Law II: Historical Cases and Contemporary Controversies 2
      • JD SRWP
      • JD elective
      • IntlLLM-SJD-EXC elective
      • Fall 21
      • Spring 23
      • Research and/or analytical paper(s), 20+ pages
      • Class participation

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

      519

      Contract Drafting 2
      • JD elective
      • JD experiential
      • LLM-LE (JD) elective
      • IntlLLM NVE Cert
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • Fall 20
      • Spring 21
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • Fall 23
      • Spring 24
      • Practical exercises
      • In-class exercise
      • Class participation
      • Other

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

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

      520

      Climate Change and the Law 2
      • JD elective
      • LLM-ICL (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Environ Cert
      • PIPS elective
      • Spring 21
      • Spring 22
      • Reflective Writing
      • Research and/or analytical paper(s), 5-10 pages
      • Research and/or analytical paper(s), 15 pages
      • In-class exercise
      • Class participation

      This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – including at the international level, within the United States and other countries (such as Europe, China, and others), at the subnational level, and at the urging of the private sector.

      We will compare alternative approaches that have been or could be taken by legal systems to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, infrastructure programs, technology R&D, information disclosure, prescriptive regulation, carbon capture & storage, reducing deforestation, geoengineering, adaptation);  the spatial scale; the targets of the policy and criteria for deciding among these policy choices.  We will examine actual legal measures that have been adopted so far to manage climate change:  international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997) and Paris Agreement (2015), plus related agreements like the Kigali Amendment (on HFCs) and ICAO (aviation) and IMO (shipping); as well as the policies undertaken by key national and subnational systems.  In the US, we will study national (federal) and subnational (state and local) policies, including EPA regulation under the Clean Air Act, other federal laws and policies relevant to climate change mitigation, state-level action by California, RGGI states, and North Carolina. We will also explore litigation involving tort/nuisance civil liability and the public trust doctrine to advance climate policy. 

      Questions we will discuss include:  How effective and efficient are the policies being proposed and adopted? What actions are being taken at the local, national and international levels, and which reinforce or conflict with one another?  Can current institutions and legal frameworks deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change?  What roles do scientific research, technological breakthroughs, and economic realities play in shaping legal responses?  How should the legal system learn from new information over time? How should we appraise the United Nations climate negotiations, and are there other models for international cooperation?  How should principles of equity, just transitions, and intergenerational justice guide efforts to address climate change? Should greenhouse gas emitters (countries, businesses, consumers) be directly liable or responsible for climate change impacts and compensate victims for their losses?  What is the best mix of mitigation and adaptation policies?  How will climate policy be influenced by geopolitical changes such as the rise of China?  How should the law address extreme catastrophic risk?  How should geoengineering be governed? What is the best path for future climate policy? 

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

      523

      Law of the Sea 1
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Environ Cert
      • IntlLLM Business Cert
      • PIPS elective
      • Spring 22
      • Spring 24
      • Final Exam
      • Class participation

      This 1-credit course offers a brief introduction to the customary rules, cases and treaties that constitute the international law of the sea: the legal regime regulating activities of coastal, flag and port states across 70 percent of the earth’s surface.

      During our short time together, we will seek to cover the breadth of this wide-ranging area of international law. Like the law of the sea, the course will emphasize the jurisdictional zones that have been created over centuries of practice, adjudication and codification, and which dictate and have been shaped by the balance of coastal state and flag state interests in ocean uses and resources.

      Building on the basic structure of the law of the sea, we will touch briefly on important issues such as fisheries; deep seabed mining and oil and gas extraction; marine environmental protection; dispute settlement; baselines, limits and boundaries; submarine pipelines and cables; piracy, terrorism and military activities; and shipping, salvage and shipwrecks.

      Readings will come from academic journals, popular press sources, treaty texts, case decisions and textbook excerpts. In order to participate in class discussion, assigned material must be read in advance of our meetings. Grades will be based on class participation (25%) and a take-home exam (75%).

      While not required, a course in public international law is strongly encouraged as background for this course.

      525

      Artificial Intelligence Law and Policy 2
      • JD SRWP
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing
      • IntllLLM IP Cert
      • IntlLLM NVE Cert
      • Spring 22
      • Research paper, 30 pages
      • Oral presentation
      • Class participation

      Artificial intelligence is on a tremendous growth trajectory and is being developed, adopted and used for many purposes throughout society.  From a legal and policy perspective, AI presents many interesting and complex issues because the technological developments have greatly outpaced the legal, ethical, and policy developments.  One of the important questions centers on what legal and policy frameworks and practices are appropriate to build an ecosystem of trust that will help ensure citizens and other stakeholders that artificial intelligence will benefit them and is being developed and deployed in an ethical, safe, reliable and responsible manner (the “Legal and Policy Framework Question”).  Policymakers and other stakeholders around the globe are grappling with this Legal and Policy Framework Question.  As the discussions unfold, organizations also are designing their own practices for operationalizing trustworthy or ethical artificial intelligence.

      The goal of the seminar is to give students a foundation in the emerging AI laws and policies and insight on the broader process of how laws and policies need to adapt for significant technological changes.  This seminar will explore in detail several approaches currently being considered to answer the Legal and Policy Framework Question, including regulatory approaches, standards, soft law, and self-regulation. As the students study various approaches, they will be asked to consider several sub-questions, such as (a) how the AI legal and policy framework should be calibrated to address risk, (b) the extent to which the framework should be sector specific or apply across industries, (c) which frameworks enable society to capitalize on AI’s benefits and mitigate potential risks, and (d) what is the optimal level of cross-border harmonization and how best to achieve it.   The course also will explore certain other legal issues arising in connection with AI, such antitrust and competition law and intellectual property and proprietary rights matters.

      526

      Jury Decision Making 2
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing, option
      • Spring 22
      • Spring 23
      • Spring 24
      • Reflective Writing
      • Research and/or analytical paper(s), 20+ pages
      • Class participation

      This course is intended as an introduction to experimental research, legal theory, and caselaw on jury decision making.  Although the topic overlaps considerably with areas of basic decision making--e.g., the heuristics and biases literature--the focus will be mostly on applied research looking at the decisions of real (or simulated) jurors.

      529

      Corporate Governance 3
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • IntlLLM NVE Cert
      • Spring 21
      • Spring 22
      • Reflective Writing
      • Group project(s)
      • Class participation

      Corporate governance is a major policy issue in business regulation, and has increasingly become headline news in recent political debates. 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. To that end, the course may host guest speakers with various backgrounds that have unique experience in corporate governance matters. 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? Are CEOs paid too much, and should their compensation be regulated? Do anti-takeover devices entrench managers or promote long-term strategic growth? Does state competition for corporate charters lead to a race to the top or the bottom? In discussing each of these topics, this course will consider whether corporations are best regulated by the government or market discipline. As part of the course, students will acquire the skills to review empirical studies, and evaluate the implications of these studies for legal policy and corporate practice. Business Associations is a prerequisite for this class (except for LLM students who are taking Business Associations in the same semester).

      530

      Entertainment Law 3
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntllLLM IP Cert
      • Spring 23
      • Spring 24
      • Project(s)
      • Class participation

      Law 530 (“Introduction to Entertainment Law”) introduces students to the practical aspects of working as a lawyer in the entertainment industry.  The course explores the legal issues encountered in the production, marketing and distribution of literary, musical and artistic properties and the negotiation and drafting of related contracts, to provide a comprehensive, “nuts and bolts” introduction to working as an entertainment lawyer.  The course focuses on learning practical legal and business skills such as dealmaking, drafting and negotiating financing, development, production and distribution agreements in the motion picture and television industry, as well as management and agency agreements, live performance agreements, and highlights technology and digital media concerns.  Law 530 will also examine current disputes and litigations that affect the entertainment industry, how intellectual property rights are acquired and transferred, and how relationships within the entertainment industry are structured. The goal of this course is for students to gain knowledge of the types of contracts that are negotiated within the industry, and to apply traditional legal principles of intellectual property, contract law, media law, and labor law to entertainment industry-specific agreements and/or disputes.  The final course grade will be based on (i) class attendance and participation (25%), (ii) drafting and negotiating assignments (50%), and (iii) a final project, which will include an oral presentation and a written project on a specific legal issue related to the entertainment Industry (25%).

      531

      In House Law Practice 2
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • Spring 24
      • Reflective Writing
      • Group project(s)
      • Oral presentation

      This course explores the substantive and procedural aspects of inhouse law practice. Class sessions often include guest general counsels to survey in-house legal topics, engage with real world challenges, discuss current relevant events, and distill best practices for the role. Students will have team-based interdisciplinary project assignments that draw from topics discussed in the class, reflecting real-world scenarios and providing legal representation experience. Guest general counsels are typically leading practitioners who engage with the class from a variety of perspectives, ranging from Chief Legal Officers of Fortune 50 companies to general counsels who helped grow entrepreneurial startups into household names.

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

      20%: Reflection Message Board Posts
      Each student will publish five brief message board posts during the semester reflecting upon insights or thoughts of interest from guest general counsel presentations.

      30%: Memo
      Student assume the role of attorney with an inhouse legal department and prepare a 5-page memo responding to a fact pattern and scenario; the memo provides an opportunity to demonstrate legal analysis and practical approaches to the issues.  They will also record and upload a five-minute presentation of their memo's findings to the "general counsel" of the company.

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

      10%: Class Engagement

      No prerequisites are necessary.

      532

      Venture Capital Financing 3
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM NVE Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • Spring 24
      • Group project(s)
      • Practical exercises
      • Class participation

      This class will focus on the legal and economic structure of venture capital transactions and will familiarize students with the legal agreements used to document these transactions. Using lectures and in-class exercises, students will learn the function of the most common transaction documents, the economic and/or legal purpose of the provisions contained within these documents and alternative approaches to address specific situations. Throughout the semester, students will work on a simulated transaction to gain experience in negotiating and drafting documents with an emphasis on meeting client objectives. Students will be evaluated on the basis of class participation and written assignments.

      533

      Government Enforcement and Global Corporate Compliance 2
      • JD elective
      • JD experiential
      • LLM-ICL (JD) elective
      • IntlLLM-SJD-EXC elective
      • Fall 21
      • Fall 22
      • Fall 23
      • Practical exercises
      • In-class exercise
      • Class participation

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

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

      534

      Advising the Entrepreneurial Client 3
      • LLM-LE (JD) elective
        • Group project(s)
        • Practical exercises
        • Class participation
        • Other

        The goal of Advising the Entrepreneurial Client is to prepare students to assist in the representation of a start-up venture/angel backed company. This course takes students through the legal issues likely to present themselves in the lifecycle of a typical technology company from inception/incorporation through acquisition (the typical liquidity event). Advising the Entrepreneurial Client exposes students to the types of issues, questions and documentation that they encounter and the lawyering skills that they need as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations.

        Students are graded on class participation, weekly group homework, and three major drafting assignments.

        Class is open to students pursuing the LLM in Law & Entrepreneurship.  Students not in this program should consider Law 540: Startup Law: Representing the Company.

        535

        Corporations and American Democracy 2
        • JD SRWP with add-on credit
        • JD elective
        • LLM-LE (JD) elective
        • IntlLLM writing, option
        • IntlLLM Business Cert
        • Spring 24
        • Reflective Writing
        • Research and/or analytical paper(s) option, 10-15 pages

        Lawyers, scholars, business executives, and ordinary people have consistently asked a fundamental question: what is the role of the corporation in society? One way of answering this question is to look to corporate law and consider corporate purpose and its accompanying debates. Yet another way of answering this question involves debates around corporate personhood, especially as they arise in the context of corporate constitutional rights. At bottom, we are continually confronted with the same questions: What rights does the corporation have? How should government regulate the corporation and the power it wields? What is the role of the corporation in American democracy specifically? What does it mean for corporations to engage in social and political activism? Should they do so at all? This course will explore these questions from both a public law and private law perspective, including the ways in which corporate governance can respond to some of these questions. In doing so, this course will bridge a gap between constitutional law and corporate law by focusing on where the doctrines intersect. Students will analyze case law, scholarly literature, and selected popular and practitioner-focused readings in this space.

        Throughout this course, there are two overarching questions that we will consider: (1) What should corporate decisionmakers be mindful of when it comes to corporate social and political activity, including the assertion of corporate constitutional rights? and (2) What does the assertion of corporate constitutional rights mean for American democracy and its survival?

        The course will be taught as a two-hour weekly seminar, focused on class discussion of assigned readings. Students will complete five three-page response papers and one final fifteen page paper. For an additional credit, students may also fulfill their SRWP requirement with this seminar with my permission and receive an additional credit that counts as an independent study on a credit/no-credit basis.

        537

        Human Rights Advocacy 2
        • JD SRWP
        • JD elective
        • LLM-ICL (JD) elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Fall 20
        • Fall 21
        • Fall 22
        • Fall 23
        • Research paper, 25+ pages
        • Class participation

        This course critically assesses the field of human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set using international law frameworks; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors. It addresses the role of human rights in social movements, including in addressing systemic racism, as well as the development of transnational human rights networks. It also considers issues such as how to resolve purported hierarchies and conflicts between internationally-guaranteed rights, efforts to decolonize the practice of human rights, and the ways in which populist and other forces also invoke human rights to further particular agendas. Drawing on case studies within the United States and abroad, it will examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the role of new technologies in human rights advocacy. In examining the global normative framework for human rights, this course focuses on how local, regional, and international struggles draw on, and adapt, the norms and tactics of human rights to achieve their objectives. Evaluation will be based on class participation and a final paper.

        This class is a pre-requisite or corequisite for Law 437 International Human Rights Clinic.

        538

        Transitional Justice 2
        • JD SRWP, option
        • JD elective
        • LLM-ICL (JD) elective
        • LLM-ICL (JD) writing, option
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Fall 22
        • Fall 23
        • Reflective Writing
        • Research and/or analytical paper(s), 20+ pages

        This 2-credit seminar will provide an introduction to the field of “transitional justice,” which refers to a broad range of processes and mechanisms that have been developed to respond to major violations of human rights that often occur during armed conflicts, under the rule of authoritarian regimes, or in divided societies where a dominant ethnic, racial, or religious group has systematically persecuted members of a minority or other marginalized group. Transitional justice seeks to achieve one or more of the following objectives depending on the context: providing redress for victims and accountability for perpetrators through judicial or non-judicial mechanisms (while recognizing that these are not binary categories and the same person can be both a victim and a perpetrator), repairing damaged relationships between offenders and victims (also known as “restorative justice”), promoting peaceful coexistence between previously adversarial groups, truth-telling and memorialization of the historical record of human rights violations, and legal or political reforms that address the root causes of the conflict in order to prevent its recurrence in the future. The seminar will also explore the importance of different types of data or evidence both for documenting international crimes and other forms of injustice and harm that transitional justice processes seek to address, and for empirically evaluating the effectiveness of peacebuilding programs that have been implemented in Iraq, Chile, and other contexts.

        The seminar will also engage with important critiques and limitations of the field of transitional justice, which has historically been dominated by scholars and institutions from the Global North, and by Eurocentric concepts of justice that are not necessarily universal. Contemporary transitional justice efforts have focused disproportionately on what are often described as “tribal,” “ethnic,” and “sectarian” conflicts in the Middle East and Africa, but have paid considerably less attention to the enduring legacies of colonial and white supremacist violence in North America. Transitional justice also tends to prioritize accountability for some forms of violence, conflict, and crime over others. For example, compensation is often provided for victims of lethal violence (e.g., “condolence” payments made by the U.S. military in Iraq and Afghanistan to family members of civilians killed in airstrikes) but not for other forms of non-lethal harm such as sexual violence. Students will come away from the seminar with a strong understanding of the primary tools and mechanisms for transitional justice (e.g., trials, truth and reconciliation commissions, compensation), key historical case studies including Iraq, Rwanda, and the United States, and important debates and critiques that have shaped the field.

        Students can choose one of three options to fulfill the course requirements: 

        • A research paper of approximately 20-25 pages* 
        • 5 short response papers on weekly readings (approximately 1,500 words each)
        • POLSCI or LAW: 1 research design proposal for an original research project using any empirical methods (e.g., qualitative, quantitative, archival) including draft Institutional Review Board (IRB) protocol (required for research with human subjects such as interviews, surveys, or participant observation)

        *LAW students will have an option to satisfy the JD Upper Level Writing Requirement through extension of the paper to 30 pages. 

        539

        Ethics in Action 2
        • JD elective
        • JD ethics
        • IntlLLM NY Bar
        • IntlLLM-SJD-EXC elective
        • Spring 21
        • Spring 22
        • Spring 23

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

        540

        Startup Law: Legal Considerations for Entrepreneurs and Counsel 3
        • JD elective
        • IntlLLM NVE Cert
        • IntlLLM-SJD-EXC elective
        • IntlLLM Business Cert
        • Fall 20
        • Fall 21
        • Fall 22
        • Fall 23
        • Final Exam
        • Class participation

        This course takes students through the legal issues likely to present themselves in the lifecycle of a high growth company from inception 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, but also looks at legal and business concepts from the perspective of the entrepreneur. Students will be exposed to a wide variety of legal issues, including but not limited to, intellectual property, securities, entity formation, business operations, human resources, and tax. The course is a survey of entrepreneurial law considerations and will discuss policy considerations as the material and current events dictate. Students who have taken Law 534 may not take this class. Business Associations is highly recommended as a prerequisite but may be taken as a co-requisite. Final grade is based on a final exam and in class participation.

        541

        Nonprofit Organizations 3
        • JD elective
        • LLM-LE (JD) elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM Business Cert
        • PIPS elective
        • Fall 20
        • Fall 21
        • Fall 22
        • Fall 23
        • 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.

        542

        AI and Criminal Justice 2
        • JD elective
        • IntlLLM writing
        • IntllLLM IP Cert
        • PIPS elective
        • Spring 24
        • Reflective Writing
        • Research and/or analytical paper(s), 15-20 pages

        Artificial intelligence (AI) increasingly is used to make important decisions that affect individuals and society. A particularly pressing area of concern has been in criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that technology may deepen pre-existing racial disparities and overreliance on incarceration, black box AI has proliferated in areas such as: DNA mixture interpretation; facial recognition; recidivism risk assessments; and predictive policing.

        This two-credit seminar will include academic work regarding several of those types of uses of AI in criminal justice, as well as some of the early judicial opinions ruling on such evidence. We will read leading work on the rules of evidence implicated by AI, what constitutional criminal procedure rules are at stake, and we will engage with how these technologies work and are evolving. We will also attend, and comment on, a portion of a timely judicial conference on expert evidence on Friday, Jan. 26, and a longer set of discussions with EU experts on AI on Saturday, January 27.

        There are no prerequisites, but a course in evidence or in criminal procedure would be helpful. Students will write a 3-5 page response paper to the portion of the conference that they attend and a 20- page research and policy paper, with presentations in class on each student’s work at the end of the semester.

        543

        State Constitutional Law and Localism 1
        • JD SRWP with add-on credit
        • JD elective
        • IntlLLM-SJD-EXC elective
        • Spring 22
        • Reflective Writing
        • Class participation

        This seminar discusses issues concerning state constitutional law and localism. The readings for the course will be classic written works on the topic as well as new contributions by contemporary scholars. The course will focus on the doctrinal and theoretical issues surrounding state constitutional law and localism. Among the topics in the seminar: the interpretation of state constitutions; state constitutions as the source of both negative and positive rights; the "new preemption" of local government; the role of mayors and municipal government in setting public policy, political polarization and localism, and related topics. Class will meet every other week. Evaluation will be based on class participation and short reflection papers distributed prior to class. Students can take the class for one or two credits. The two credit option will require a substantial paper.

        543W

        State Constitutional Law and Localism, Writing Credit 1
        • JD SRWP
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • Spring 22
        • Research paper, 25+ pages

        While enrolled in Law 543 State Constitutional Law and Localism, students who plan significant research projects on related topics may register for a second credit in order to satisfy the JD Writing Requirement. *LAW 543W must be added no later than 7th week of class.*

        544

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

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

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

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

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

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

        545

        Urban Legal History 3
        • JD SRWP
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • Fall 22
        • Fall 23
        • Research paper, 25+ pages
        • 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 SRWP, option
        • JD elective
        • LLM-ICL (JD) elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Spring 21
        • Spring 22
        • Spring 23
        • Spring 24
        • Reflective Writing
        • Research paper, 25+ pages
        • Oral presentation
        • Class participation

        This seminar will examine the international law of armed conflict, and it focuses on the jus in bello context. Students will consider the rationale for the key concepts of the law of armed conflict and examine their practical application in various contexts. Case studies (to include the wars in Ukraine and Israel as well as other contemporary and historical conflicts) 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 are encouraged to relate legal and interdisciplinary sources to better understand the multi-faceted interaction between law and war. There is no examination for this course but a 30-page paper (constituting 60% of the grade) is required on a legal topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Substantial Research and Writing Project (SRWP) and possibly other writing requirements must obtain instructor approval. The remainder of the grade (40%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for this course is Gary D. Solis's The Law of Armed Conflict: International Humanitarian Law in War (3rd ed., 2021). Students are required to attend part of the 29th Annual National Security Law Conference 23-24 February 2024 at the Law School. This course is only offered in the spring.

        548

        Antitrust Course Plus 0.5
        • JD elective
        • IntlLLM-SJD-EXC elective
        • Spring 22
        • Spring 23
        • Reaction Papers
        • Research and/or analytical paper(s), 10 pages

        The half-credit add-on seminar will constitute a review of current litigation and FTC/DOJ initiatives that highlight antitrust policy today, including the Biden Executive Order on Competition (and its aftermath).  A special focus will be on antitrust policy towards the digital platforms and the assorted major cases against Google, Facebook and Amazon.  Classes will be more participatory, akin to seminar discussions, than the 3-credit core antitrust class.  Students will submit a final paper, consistent with the obligations of a half-credit seminar, on a topic of their choosing related to contemporary – and future – antitrust policy.  The course will be open to students who have completed or are concurrently enrolled in the core Antitrust course (LAW 205)

        549

        Corporate Counseling and Communication 2
        • JD elective
        • JD experiential
        • LLM-LE (JD) elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • IntlLLM Business Cert
        • IntlLLM NVE Cert
        • Spring 21
        • Spring 22
        • Spring 23
        • Spring 24
        • Final Exam
        • Practical exercises
        • In-class exercise
        • Class participation

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

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

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

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

        550

        Legal Issues of Cybersecurity and Data Breach Response 2
        • JD elective
        • JD experiential
        • LLM-LE (JD) elective
        • IntlLLM NVE Cert
        • IntlLLM-SJD-EXC elective
        • IntllLLM IP Cert
        • PIPS elective
        • Fall 20
        • Fall 21
        • Research and/or analytical paper(s), 10-15 pages
        • Practical exercises
        • Class participation

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

        551

        Civil Rights Enforcement Colloquium 2
        • JD SRWP, option
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Spring 22
        • Reflective Writing
        • Research paper option, 30 pages
        • Class participation

        This two-credit colloquium is designed to engage students on questions concerning the enforcement of civil rights (broadly defined) in America. Whereas most law school classes focus on the substance of such rights, this class will examine how civil rights are conceived and enforced – by individual rights-holders, by movement lawyers, or by governments. The colloquium will feature workshop-style presentations of works by scholars working in diverse fields, including civil rights, legal history, federal courts, and state and local government; as well as presentations by advocates involved in the work of civil rights enforcement. Students will be expected to engage with the speaker and with each other in discussion. Faculty interested in these topics also will be invited to attend and participate in the discussions.

        Students have two options for completing the requirements of the course:  1) short (5-10 page) papers in response to at least six of the works presented, due in advance of the presentation; or 2) a 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 could use the colloquium to satisfy the upper-level writing requirement. Contributions to class discussions will also be a component of the course grade.

        552

        Law and Governance in China 2
        • JD SRWP
        • JD elective
        • LLM-ICL (JD) elective
        • LLM-ICL (JD) writing
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • IntlLLM Business Cert
        • PIPS elective
        • Fall 21
        • Fall 22
        • Research and/or analytical paper
        • Class participation

        China’s development without a western-style rule of law raises numerous questions. Does law matter in China? If yes, how does it work? What roles has law played in China’s economic, social and political development? This seminar covers both law on the books and law in action, emphasizes change and development in understanding law and governance, and takes China as a comparative case study to deepen our understanding of the fundamental nature of legal institutions. This seminar also features guest speakers from Yale, Princeton, Harvard, and other institutions. 

        Evaluation: class participation: 30%, students should read assigned readings in advance and be prepared to be on call every week; paper(s): 70%. Students can choose to write five response papers (four pages each) or a research paper (20 pages minimum). Students should submit their research paper proposal by Sept. 23, which explains their research question, methods and plan. Finalized paper is due on December 16. The instructor keeps the discretion of approving or not approving a research paper proposal. Research papers are also qualified to satisfy JD students’ writing requirements (30 pages minimum), if they so choose. 

        555

        Law and Financial Anxiety 2
        • JD SRWP, option
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing, option
        • PIPS elective
        • Fall 20
        • Spring 22
        • Spring 23
        • Spring 24
        • Reflective Writing
        • Research paper option, 25+ pages
        • Research and/or analytical paper(s), 15-20 pages
        • Oral presentation
        • Class participation

        This course identifies and explores aspects of the American legal system that have effects – both negative and positive – on the ability of people and society to prevent the onset of financial anxiety and economic insecurity.   Set in the context of the COVID-19 pandemic but with analogues in laws that were enacted and implemented in other contexts,  the class will explore the meaning of financial anxiety and economic insecurity and discuss why they matter.  The class will then explore various laws. and their implementation by federal and state agencies, as relevant to financial anxiety and economic insecurity.   Subjects that bear upon financial anxiety that will be explored through the prism of law include housing finance, student loan finance, personal information security and climate security. The legislative response to the COVID-19 pandemic, in particular the CARES Act, will be analyzed in relation to how laws regarding financial anxiety and economic insecurity have been crafted by Congress in the last decade as a response to crises such as the financial and foreclosure crisis of 2008,   With these comparative laws and financial contexts, the class will engage in discussions about the extent to which the American legal system is equipped to handle the challenges of dealing with financial anxiety in the context of the COVID-19 pandemic.  We will discuss financial anxiety in the larger context of consumer debt, agency and regulatory action, and legislative responsiveness as well as differential impacts related to debt, race and gender. The readings will come from law and non-law sources. The class will discuss issues relevant to the legal system and the study of business law and finance generally, including the use of data to illuminate legal problems, the role of lawyers and business actors, and the nature of modern policymaking.

        Due to substantive overlap in material, students may not concurrently enroll in Law 288: Consumer Bankruptcy & Debt and Law 586: Current Debates in Bankruptcy Law. However, if you've taken one of the courses in a previous semester and wish to take the other, that will be permitted. Students may not enroll in both Law 288: Consumer Bankruptcy & Debt and Law 555: Law and Financial Anxiety without instructor permission. 

        556

        Second Amendment: History, Theory, and Practice 2
        • JD SRWP, option
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Fall 20
        • Fall 21
        • Fall 22
        • Fall 23

        Recent Supreme Court decisions have ushered in a new era of Second Amendment theory, litigation, and politics. Current events keep issues of firearms, gun violence, gun safety, and self-defense constantly in the news. This seminar will explore the Second Amendment and other aspects of federal and state firearms law. Students will be introduced to the historical and public policy materials surrounding the Second Amendment, the regulatory environment concerning firearms, and the political and legal issues pertaining to firearm rights-enforcement and policy design. Evaluation for the seminar will be based on in-class participation and a choice between six short reaction papers or one thirty-page paper.

        557

        Space Law / Law of Mars 2
        • JD SRWP, option
        • JD elective
        • LLM-ICL (JD) elective
        • IntlLLM writing
        • Spring 24
        • Reflective Writing
        • Research and/or analytical paper(s), 10-15 pages
        • Class participation

        This course will address the past, present and future of space law – from its origins five decades ago, to the current era of explosive growth in spacefaring, to potential future human settlements on Mars and other planets.  How well does current space law govern this expanding arena, and what kinds of new governance regimes are needed?  The Outer Space Treaty (OST) was signed in 1967 when space exploration was just beginning and focused on the Cold War rivalry between the US and USSR.  Today, 114 states are parties to the OST (with smaller numbers having signed its related accords on registration, liability, and other topics), and space activities are booming.  Missions to the Moon have now been undertaken by the US, Russia, EU, China, India, and Israel, and missions to Mars by the US, EU, China, and the UAE.  The US and Japan have each excavated materials from asteroids and brought samples back to Earth.  In 2022, the US and EU launched DART, the first ever asteroid deflection test. Thousands of satellites are now orbiting the Earth, with many more to be added soon – for scientific, navigation, weather, military, intelligence, communications and commercial uses – including many operated by private actors such as SpaceX/Starlink and Amazon/Blue Origin.  Non-state actors are developing their own terms for space rules.  New space law is being developed, such as the Artemis Accords (2020; signed by 29 countries as of 2023), and the US statute on space resource ownership (2015).  States and private actors are mulling plans to settle human communities on the Moon and Mars.  Is the OST still adequate?  What new approaches are needed?

        We will investigate what current laws say about these efforts, and what will or should be the legal rules and norms for future missions and settlements off the Earth.  Among the challenges for space law today are:  reducing dangerous space debris in Earth orbit, and environmental impacts of launches; defining property rights to space resources, and liability for harm, thus motivating investment while avoiding resource depletion and ensuring equitable access; managing international space relations, space-based energy systems, climate engineering, and avoiding war in space; defending against large asteroid collisions and space weather; protecting against harmful contamination of the Earth and of other planets; considering whether to terraform other planets; and charting the legal rules for potential human settlements on the Moon, Mars, or other off-Earth locations (including laws for accidents, crimes, health, environment, marriage, divorce, citizenship, etc.).  Envisioning and debating future space law off-Earth may also offer a useful lens for reforming laws on Earth today.  And we will discuss who should decide these laws – e.g., each government that sends settlers, or each private company, or an international agreement, or the settlers themselves in their new home.  

        Students will write short and medium length papers (no exam).  Enrollment limited to 16 (grad/prof students outside the Law School may enroll if ‘space’ allows).  No prerequisites. 

        558

        Foreign Anti-Bribery Law 2
        • JD SRWP with add-on credit
        • JD elective
        • LLM-ICL (JD) elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing option with additional credit
        • Fall 20
        • Fall 21
        • Fall 22
        • Fall 23
        • Reflective Writing
        • Oral presentation
        • Class participation

        Corruption is one of the major factors inhibiting economic development and undermining governmental legitimacy.  Developed governments generally enforce rules prohibiting domestic corruption, but have historically been less concerned with (and even encouraging of) foreign government corruption.  The United States passage of the Foreign Corrupt Practices Act in 1977, which prohibits covered entities from bribing foreign officials, represents a major shift in this policy.  In the last fifteen years, most other major economies and economic institutions (the IMF, the World Bank) have followed suit, although enforcement has been inconsistent.  This seminar will examine the origins and evolution of this effort to regulate firms' relationships with foreign government officials.  The seminar explores the history, economics, and policy behind anti-corruption efforts and the major challenges ahead.  The seminar will engage academic articles that address the economic effects of corruption, the politics of anti-corruption enforcement, the variation in current anti-bribery agreements (the UN Convention Against Corruption and the OECD Anti-Bribery Convention), and influence of these rules on foreign investment and trade.  The seminar is designed to be very participatory, with students leading discussion. 

        Students will be evaluated on a series of critique papers, leading a class discussion, and class participation. If students wish to write a paper on a topic related to the course materials, they may request the opportunity to complete an additional  two credit independent study.  A final paper cannot replace the critique papers.

        NOTE: An additional 2 credits are available for students who wish to write a longer paper in order to satisfy the JD or JD/LLM Upper-Level Writing Requirement. Students wishing to take this option should enroll in Law 558W Foreign Anti-Bribery Writing Credit. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12) *LAW 558W MUST be added no later than 7thweek of class.*

        558W

        Foreign Anti-Bribery Law, Independent Study 2
        • JD SRWP
        • JD elective
        • LLM-ICL (JD) elective
        • IntlLLM writing
        • Fall 20
        • Fall 21
        • Fall 22
        • Fall 23
        • Research paper, 25+ pages
        • Add on credit

        While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12). This section will meet in-person on schedule to be determined. The instructor will meet online with any student who prefers that. Students will be placed in groups of 2 or 3 students for a writing group. The instructor will meet with each writing group separately. *LAW 558W MUST be added no later than 4th week of class.*

        561

        Tax Policy 2
        • JD elective
        • IntlLLM-SJD-EXC elective
        • Spring 21
        • Spring 22
        • Spring 23
        • Spring 24
        • Reaction Papers
        • Class participation

        This two-credit seminar will feature presentations (eight in total) of works-in-progress on a wide range of tax policy topics, by leading tax academics from law schools around the country. Although this is a two-credit seminar, it is scheduled for three hours per week on the weeks in which it meets. The first meeting will be February 6. Students will write reaction papers (of approximately three double-spaced pages) for seven of the eight works-in-progress. (Each student can choose which week not to write a reaction paper.) Grades will be based on the reaction papers and on contributions to the seminar discussions.

        562

        Sentencing & Punishment 2
        • JD SRWP
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • IntlLLM Business Cert
        • PIPS elective
        • Fall 20
        • Fall 21
        • Fall 22
        • Research paper, 25+ pages
        • Class participation

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

        563

        Corporate Restructuring and Chapter 11 Bankruptcy - In Practice 2
        • JD elective
        • JD experiential
        • LLM-LE (JD) elective
        • IntlLLM-SJD-EXC elective
        • Fall 21
        • Fall 22
        • Fall 23
        • Simulated Writing, Transactional
        • Practical exercises
        • Class participation

        This experiential learning course is designed to expose students to the practical, “on-the-ground,” and “real world” skills needed to advise clients in complex and fast-paced corporate restructuring and Chapter 11 business reorganization matters, and to develop an introductory working knowledge of key issues and topics often presented in modern-day restructuring practice. The course will involve several substantive lectures, thoughtfully selected reading assignments to be discussed in depth during class sessions, simulations in which students take on different role-play exercises involving a distressed company and its stakeholders, preparation of written strategy memoranda as part of the simulation exercises, and guidance and constructive feedback from the course instructors. Students will also hear from prominent guest speakers who will provide practical insights and observations from their careers in the restructuring industry. 

         

        565

        The Reconstruction Amendments: Our Second Founding 2-3
        • JD SRWP, option
        • JD elective
        • IntlLLM writing, option
        • PIPS elective
        • Spring 24
        • Reflective Writing
        • Reaction Papers
        • Class participation

        The Reconstruction Amendments (the Thirteenth, Fourteenth, and Fifteenth Amendments) are cornerstones to what has been described as our nation’s “Second Founding.”   Although students may be familiar with discrete clauses of these amendments from a general constitutional law or federal courts class, this seminar offers a chance to study the Reconstruction Amendments in more detail, and as a unit.   We will become acquainted with the key figures, events, and primary documents that surround the drafting, ratification, interpretation and enforcement of these Amendments.   We will consult the work of luminaries such as Frederick Douglass, Elizabeth Cady Stanton and John Bingham, as well as contemporary sources like newspaper articles, congressional reports, and the Proceedings of the Black National and State Conventions.    We will also examine select secondary works by legal scholars and historians that shed light on these amendments both descriptively and theoretically.  

        Students may enroll in the course for 2 or 3 credits.  Evaluation for the 2 credit course will be short reflective papers and class participation.  Evaluation for the 3 credit course will be short reflective papers, class participation, and a research paper suitable to satisfy the substantial writing requirement. 

        566

        International Environmental Law 2
        • JD SRWP, option
        • JD elective
        • LLM-ICL (JD) elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • IntlLLM Environ Cert
        • Fall 22
        • Research and/or analytical paper(s), 20+ pages
        • Class participation

        This class explores international environmental law, one of the fastest growing fields of international cooperation. In 1972, there were only a smattering of international environmental treaties. Today, hundreds of agreements have been negotiated, covering such diverse topics as acid rain, depletion of the ozone layer, climate change, protection of biological diversity, desertification, and transboundary movements of hazardous wastes and chemicals.

        This course will provide a general introduction to the basic concepts and mechanisms of international environmental law. The overarching question we will examine is: What role can law play in addressing international environmental problems? More specifically, we will ask:

        • Why do states cooperate in developing international environmental norms? What factors promote or hinder cooperation?
        • What legal mechanisms or approaches facilitate the development of international environmental standards?
        • What role do science and expertise play in international environmental cooperation?
        • What types of international environmental standards are most effective? How do we evaluate effectiveness?
        • What incentives do states have to comply with international environmental standards? What disincentives?

        The course will be structured in roughly two parts.  In the first part of the course, we will discuss the background, history, and political economy of international environmental law, as well as some of the main principles of international environmental law.  In the second part of the course, we will examine in detail a number of environmental treaties—from areas such as ozone protection, climate change, marine pollution, fisheries protection, and biodiversity—in an effort to understand how international environmental law works, and doesn’t.  Students will be expected to participate in class discussions and write a 20+ page research paper on a topic of their choice. 

        570

        Criminology and Criminal Procedure 2
        • JD elective
        • PIPS elective
        • Fall 21
        • Spring 23
        • Spring 24
        • Class participation

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

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

        571

        Future of Contracts 2
        • JD elective
        • LLM-LE (JD) elective
        • IntlLLM Business Cert
        • IntllLLM IP Cert
        • Spring 23
        • Spring 24
        • Simulated Writing, Transactional
        • Practical exercises

        What does it take to thrive as a transactional attorney today and tomorrow? Future of Contracts aims to expose students to current issues in the digital transformation of legal services—e.g. harnessing data, facilitating operations and project management with design and technology, applying artificial intelligence to key functions, etc.—in order to help our approaches to transactional law and contracts practice be “future friendly.”

        There is no question that a sea change is underway and that new are key forces for change. Legal professionals are increasingly turning to accessible and impactful technologies that help them achieve better outcomes and offer higher value through data-driven analytics and insights, higher efficiency and productivity, and greater and more equitable access. Students interested in preparing for tomorrow should be exposed to this world as much as possible.

        With guest experts and current materials, the focus of all deliverables will be on realistic experiences of being a transactional attorney today and tomorrow. Graded work product will include a series of individual and team assessments—of legal tech companies, modern business challenges, and opportunities for greater access to justice.

        Class will meet on a regular schedule except that one class will be canceled in order for students to take part in the Duke Center on Law & Technology’s Future of Contracts Design Derby. That will likely happen on Friday 23 February 2024. If registering, please calendar that date. (see story from 2023 Future of Contract Design Derby: https://law.duke.edu/news/students-seven-law-schools-participate-2023-future-contracts-design-derby/)

        No textbook required.

        573

        Shaping Law And Policy: Tools And Trends Of Health Care Advocacy 2
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Fall 20
        • Fall 21
        • Fall 23
        • Reflective Writing
        • Research and/or analytical paper(s), 15-20 pages
        • Class participation

        This seminar will examine how legal advocacy shapes law and public policy at the federal level, with an evolutionary focus on the strategic use of litigation and regulation opportunities to develop various legal doctrines. It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies. Each weekly seminar will focus on one or two legal concepts that resonate beyond health law alone but have been developed and adapted by the various tools of health care advocacy. It will trace progression from an initial foundational case to more contemporary echoes in litigation and regulation. Topics will include the commerce power and federal mandates, standing, severability, statutory interpretation, federalism, antitrust application to health care professions, judicial review of administrative practices and policies, waivers and administrative discretion, public health mandates, ERISA, information transparency, religious freedom, and the power of the purse. Our class will examine how attorneys and their allies can play either offense or defense, or even switch roles, as the stages of policy debates shift. It will include an introduction to a host of contemporary issues in health law and policy that carry broader lessons for other advocacy efforts. The seminar will provide a balanced representation of competing viewpoints while showing how respective sides can engage in various regulatory and litigation activities to advance, negate, or alter the status quo. Study of the diverse and often-shifting legal problems encountered by a single industry, particularly one as important and complex as health care, may appeal to students generally interested in public policy and in law and economics, not just health care, as well as those interested in sharpening their skills in legal advocacy through involvement in litigation and administrative rulemaking. Relatively early selection of potential paper topics is advised.

        575

        Securities Litigation and Enforcement in Practice 2
        • JD elective
        • JD experiential
        • IntlLLM-SJD-EXC elective
        • IntlLLM Business Cert
        • Spring 21
        • Fall 21
        • Practical exercises
        • In-class exercise
        • Class participation

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

        576

        Agency Law in a Changing Economy 2
        • JD SRWP, option
        • JD elective
        • IntlLLM NY Bar
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • IntlLLM Business Cert
        • Spring 21
        • Spring 22
        • Spring 23
        • Spring 24
        • Research paper, 25+ pages
        • Oral presentation
        • Class participation

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

        The seminar will meet weekly with assigned readings. Each student will write a research paper on a topic to be chosen with the instructor’s consent and will make brief presentations to the seminar as work on the paper proceeds

        577

        Emerging Issues in Sports and the Law 2
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • IntlLLM Business Cert
        • Spring 24
        • Reflective Writing
        • Research and/or analytical paper(s), 10-15 pages
        • Class participation

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

        578

        Crimmigration Law 3
        • JD elective
        • IntlLLM-SJD-EXC elective
        • PIPS elective
          • Simulated Writing, Litigation
          • Research and/or analytical paper(s), 10-15 pages
          • Oral presentation
          • Class participation

          Immigration law and criminal law are increasingly intertwined.  From the moment of arrest through completion of any sentence, the criminal justice system functions differently for noncitizens, with significant immigration consequences flowing from decisions at every stage.  Judges, prosecutors, and defense attorneys must be aware of these consequences and prepared to address them in the course of criminal proceedings.  Immigration attorneys must be able to advise defense attorneys on the best resolutions for their clients. Lawmakers must account for the results of merging these two systems.

          Through readings, discussion, and independent research projects, students will learn to analyze constitutional, statutory, and regulatory provisions concerning immigration, as well as procedural and substantive requirements in criminal proceedings as they affect noncitizens. Participants will also explore the public policy choices surrounding the use of local law enforcement agencies in immigration policing.

          580

          Law & Economics Colloquium 2
          • JD elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM Business Cert
          • Spring 22
          • Spring 23
          • Reflective Writing
          • Class participation

          This research seminar will involve discussing some of the latest research at the intersection of the fields of law and economics. The research papers will deal with a wide variety of topics, depending on the speaker’s interests, such as the law and economics of contract law, corporate law, intellectual property, tax, constitutional law, or legislation. We will invite speakers who are doing some of the most cutting-edge interdisciplinary work in law to present their ongoing work to the seminar. Students will be asked to prepare, in advance, short reaction papers to the speakers’ work. The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will be one class meeting each week.

          581

          Blockchain, Fintech Law and Policy 2
          • JD SRWP, option
          • JD elective
          • LLM-LE (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM required
          • IntlLLM writing
          • IntlLLM Business Cert
          • Fall 20
          • Spring 22
          • Spring 23
          • Spring 24
          • Research paper, 25+ pages
          • Class participation
          Updated: November 12, 2021

          The Internet, the increased power of computing and new technology are driving the decentralization of all aspects of the global economy, including financial services. Today, we can surf the Internet, download apps, listen to music, shop, send money to friends and family, manage our financial accounts, and buy bitcoin – all from our smartphones.

          For decades, banks had been one-stop shops for financial services. Financial technology firms (fintechs), leveraging the sharing of personal customer bank account data, have quickly emerged to unbundle aspects of financial services and rebundle them on platforms. The pace of platformization has picked up since the Global Financial Crisis of 2008, yet financial laws and regulations have not kept pace. Data protection laws were passed in the 1970s long before the advent of fintech services and products, and customer liability protections do not fully extend to nonbank-provided mobile payment transactions.

          Meanwhile, money is making a leap in evolution. From commodity-based currencies to fiat-based currencies that support commercial bank money and mobile payments, we now see an emergence in cryptocurrencies beginning with Bitcoin launched in 2009. Questions about whether central banks should issue their own form of digital currency became more pressing when Facebook announced its plans in 2020 to issue a digital currency: Libra. Now central banks around the world are exploring issuing central bank digital currencies or CBDCs. These developments raise important questions of how best to design CBDCs and what kinds of personal data can be collected on users transacting in CBDCs.

          New technologies such as blockchain are driving further innovation in financial services. After the advent of native cryptocurrencies like Bitcoin and Ethereum with high price volatility, stablecoins were developed with the goal of being more “stable”. However, it is uncertain under US laws or regulations if these digital assets are commodities, securities, or currency. These blockchain technologies are driving decentralization of financial services, and perhaps the largest legal and policy question of all is how should decentralized finance, or DeFi, fits in our current framework of laws and regulations.

          This course aims to provide you with an understanding of legal and policy issues raised by tech-driven financial innovation. You will learn about the critical legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments 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.

          This course will be delivered online.  Students will be assessed on class participation and a 25-30 page research paper. This paper may not be used to satisfy the JD SRWP requirement without permission.  The paper will satisfy the LLM writing requirement.

          582

          National Security Law 3
          • JD SRWP
          • JD elective
          • LLM-ICL (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM writing
          • PIPS elective
          • Fall 20
          • Fall 21
          • Fall 22
          • Fall 23
          • Research paper, 25+ pages
          • Oral presentation
          • Class participation

          This fall-only survey course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture related to the U.S. 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 $778 billion defense budget, ($2 trillion in defense outlays worldwide), impact virtually all potential clients.

          The course includes analyzing 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, homeland security issues (to include the domestic use of the armed forces), security-based travel restrictions, public health emergencies, civil-military relations, and the impact of national security issues on business transactions will be reviewed. The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020) ISBN9781543806793 as well as the National Security Law and Counterterrorism Law 2022-2023 Supplement. Other materials may be provided as necessary. The instructors will offer practical, real-world perspectives on the issues discussed based on their extensive careers in government.

          There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

          The course is expected to include guest speakers. There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

          Given this is a course in national security, class instruction will likely include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

          There is no examination for this course, but a 30-page research paper (constituting 60% of the grade) is required on a topic chosen by the student and approved by the instructors. With instructor approval, the course paper may fulfill the Substantial Research and Writing Project provided all SRWP requirements are met. The remainder of the grade (40%) is based on the quality and frequency of class participation (which may include short papers and/or brief oral presentations).

          583

          Public Law Colloquium 2
          • JD elective
          • Fall 23
          • Research and/or analytical paper
          • Class participation

          The Public Law Colloquium is the flagship offering of the Richard A. Horvitz Program in Constitutional and Public Law. The goals of this two-credit Colloquium are to expose students to the academic enterprise, by workshopping works-in-progress by leading law professors, and to develop deeper knowledge in a particular area of public law. The theme of the Colloquium in Fall 2023 will be “Judicial Power,” including topics such as law and equity, justiciability of disputes, the relationship between judicial and administrative adjudication, judicial remedies, and the nature of judicial decisionmaking.

          The Colloquium will revolve around six workshops in which professors from other law schools will present works-in-progress falling within the broad theme of the course. Those workshops will meet in the lunch hour on alternate Thursdays. Students will be expected to engage with the speaker and with each other in discussion. Faculty interested in these topics also will be invited to attend and participate in the discussions. On the off-weeks, the class will meet with the instructors on Thursday afternoons (2 to 3:50 pm) to discuss the paper for the next workshop. These classes will develop the general legal area that the paper addresses; we will assign background reading in that area to enhance understanding of the paper’s argument.

          The Colloquium will be graded. Students will have two “deliverables”: Prior to each workshop, students will submit two detailed questions for the author about the paper. (Students will then be expected to ask at least one of their questions at the workshop.) And each student will select one of the papers and write a substantial essay responding to or critiquing it. Grades in the course will be a function of these two deliverables with a significant component for the student’s participation in workshops and off-week discussions. Students wishing to expand their paper to satisfy the requirements of the Law School’s Substantial Research and Writing Project may do so as an independent study in the spring semester.

          585

          Philanthropy, Voluntarism and Not-For-Profit Law and Management 3
          • JD elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM Business Cert
          • PIPS elective
          • Spring 21
          • Spring 22
          • Spring 23
          • Spring 24

          The scope of this seminar is as broad as the idea of the voluntary society itself, with particular attention to the American version thereof. The central question is the extent to which, and how, a large number of people of varying ethnic, racial, religious, and cultural backgrounds, living together in a country, state or city, organized into representative governments, should - can - rely on voluntary action by willing citizens to fulfill both their own individual needs and the needs of the respective communities in which they live. To explore that question requires us to examine alternative allocations of responsibility for solving particular problems - voluntary, not-for-profit, for-profit, joint public/private, publicly encouraged/subsidized, and publicly coerced - along with examples, reasons, and theories for particular forms of organization. We will need to probe what it is that motivates donors and volunteers to give money and time, and to assess not only their effectiveness in solving problems but also the comparative praiseworthiness of their respective motives. Charitable and corporate foundations, as well as the tax-exempt organizations to which they and other donors contribute, are part of the inquiry, especially as to their goals, decision rules, governance, and public accountability. We will try to compare the experience of other countries with that of the U.S. in these regards, and we will continuously examine the framework of public policy that embodies public judgments about the desirability of allocating some part of the burden of social problem-solving to voluntary organizations alone or in partnership with public organizations, as well as the tax policies that are crafted to facilitate such problem-solving policies. Cross-listed with PPS280S.

          586

          Current Debates in Bankruptcy Law 2
          • JD SRWP, option
          • JD elective
          • LLM-LE (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM writing, option
          • IntlLLM Business Cert
          • PIPS elective
          • Spring 21
          • Spring 22
          • Fall 22
          • Spring 24
          • Reflective Writing
          • Research paper option, 25+ pages
          • Class participation

          Is bankruptcy broken?  For some years, many academics and practitioners have argued that the nation's business and consumer bankruptcy systems are outdated or otherwise not fit for their intended purpose.  The course will examine selected topics in bankruptcy law relating to this theme (but focusing most heavily on chapter 11 of the Bankruptcy Code).  Key reading materials will include recent major reports proposing reforms to bankruptcy law, as well as excerpts from the scholarship and leading judicial decisions.  We will consider questions including: what is bankruptcy for? Is it simply a procedural remedy for enforcing substantive rights that exist independent of the bankruptcy case, or an opportunity more fairly to redistribute assets (or losses)? Is bankruptcy special?  Should be Bankruptcy Code be read like any other statute, or do we need special principles for bankruptcy law, and broad equitable powers for bankruptcy courts, to encourage businesses and consumers to reorganize?  We will use case studies like the Purdue Pharma opioid-crisis bankruptcy to assess this.  In the final, consumer bankruptcy component of the course, we will grapple with the reality that most consumer reorganizations are unsuccessful and consider whether the current system strikes the appropriate balance between debtors’ rights and creditors’ protection. 

          We will begin each topic by covering the relevant features of bankruptcy law, and you do not need to have taken a bankruptcy class to take this seminar. The objective of the seminar is to provide insight and into and allow for debate of bankruptcy theory and policy; in the process, we will consider the extent to which abstract theories of bankruptcy hold up in the real world, and the topics we cover will include issues of pressing interest to current bankruptcy practitioners. 

          Students will be required to participate in class discussions. Students may complete either a series of reflection papers examining the reading materials and topics discussed, or one longer 25-30 page paper designed to satisfy the SRWP. 

          Due to substantive overlap in material, students may not concurrently enroll in Law 288: Consumer Bankruptcy & Debt and Law 586: Current Debates in Bankruptcy Law. However, if you've taken one of the courses in a previous semester and wish to take the other, that will be permitted. 

          587

          Race and the Law 3
          • JD elective
          • IntlLLM-SJD-EXC elective
          • PIPS elective
          • Spring 21
          • Fall 23
          • Final Exam
          • Class participation

          This course will examine the social, political, and legal forces that shape race relations in the United States. Students will engage competing visions of racial equality through law by examining major civil rights issues such as affirmative action, voting rights, and mass incarceration. This course will also highlight the limitations of law in racial reform and will consider the ways in which law can perpetuate race, gender, and class hierarchies. The course’s readings will draw from a wide range of interdisciplinary materials. Evaluation will be based on class participation and an examination.

          588

          Investigating and Prosecuting National Security Cases 2
          • JD SRWP with add-on credit
          • JD elective
          • LLM-ICL (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM writing option with additional credit
          • PIPS elective
          • Spring 21
          • Spring 22
          • Spring 23
          • Spring 24
          • Reflective Writing
          • Research and/or analytical paper(s), 10-15 pages
          • Class participation

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

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

          589

          Legislative Advocacy 2
          • JD elective
          • JD experiential
          • IntlLLM NVE Cert
          • IntlLLM-SJD-EXC elective
          • PIPS elective
          • Fall 23
          • Group project(s)
          • Practical exercises
          • Class participation

          This course is designed to introduce students to the state legislative process and prepare them to be competent, thoughtful advocates on behalf of community groups and coalitions. Through simulation activities, students will have multiple opportunities to learn how to engage in effective legislative and policy advocacy, including drafting legislative language, analyzing bills, creating advocacy materials, communicating with key stakeholders, and presenting testimony before a legislative body. Students will explore the legal and ethical dimensions of legislative advocacy and examine the different roles that lawyers can play in effecting change.

          During the semester, students will take on the role of legislative advocate on behalf of a community group or coalition. They will follow the development of a piece of legislation from the idea phase through a public hearing. This process includes: (1) understanding a bill from the perspective of a community group/coalition; (2) defining the problem that may be solved (or created) by this bill’s passage; (3) drafting and re-drafting legislative language to strengthen and/or change the bill; (4) drafting a “backgrounder” for legislators and the general public; and (5) developing and presenting arguments in support of the bill. 

          Students will work in teams of three or four to represent the interests of a simulated community group or coalition – their “client” – throughout the legislative process. Each student team’s client will represent a different perspective on the proposed bill. Class sessions will break down each procedural component and provide students with multiple opportunities to develop and practice their legislative advocacy skills simulated activities, written assignments, and reflections. Students will receive contemporaneous and written feedback from their professor and peers; students also will engage in regular self-assessment.

          This course is open to 2L and 3L JD students. LLM students may enroll with permission of the instructor.

          590

          Risk Regulation in the US, Europe and Beyond 2
          • JD SRWP
          • JD elective
          • LLM-ICL (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM writing
          • IntlLLM Environ Cert
          • IntlLLM Business Cert
          • IntllLLM IP Cert
          • Fall 20
          • Fall 21
          • Fall 22
          • Spring 24
          • Research paper, 25+ pages
          • Class participation

          Faced with myriad health, safety, environmental, security and financial risks, how should societies respond?  This course studies the regulation of a wide array of risks, such as disease, food, drugs, medical care, biotechnology, chemicals, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, violence, terrorism, emerging technologies, and extreme catastrophic risks. (Students may propose to research other risks as well.)

          Across these diverse contexts, the course focuses on how regulatory institutions deal with the challenges of risk assessment (technical expertise), risk perceptions (public concerns and values), priority-setting (which risks should be regulated most), risk management (including the debates over "precaution" versus benefit-cost analysis, and risk-risk tradeoffs such as countervailing harms and co-benefits), and ongoing evaluation and updating.  It examines the rules and institutions for risk regulation, including the roles of legislative, executive/administrative, and judicial functions; the challenge of fragmentation and integration; the roles of oversight bodies (such as judicial review by courts, and executive review by US OMB/OIRA and the EU RSB); and the potential for international regulatory cooperation.

          The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and beyond (especially those countries of interest to the students in the course each year).  It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and how regulatory systems can learn to do better.

          This is a research seminar, in which students discuss and debate in class, while developing their own research.  We may also have some guest speakers.  Students' responsibilities in this course include active participation in class discussions, and writing a substantial research paper.  Students’ papers may take several approaches, such as analyzing a specific risk regulation; comparing regulation across countries; analyzing proposals to improve the regulatory system; or other related topics.

          This course is Law 590, cross-listed as Environ 733.01 and PubPol 891.01.  Graduate and professional students from outside the Law School should enroll via those Environ and PubPol course numbers, and may contact the Nicholas School registrar, Erika Lovelace, e.love@duke.edu, or the Sanford School registrar, Anita Lyon, anita.lyon@duke.edu, with any questions about enrollment.  (The Law School does not use “permission numbers.”)

          591

          Development Finance 1
          • JD elective
          • LLM-ICL (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM Environ Cert
          • IntlLLM Business Cert
          • Fall 20
          • Fall 21
          • Fall 22
          • Fall 23
          • Reflective Writing
          • Research and/or analytical paper(s), 10-15 pages
          • Class participation

          The Course will

          • Provide an overview of development challenges in Low and Middle-Income Countries and the shared global responsibility under the UN Agenda 2030 to reconcile economic, social, and ecological objectives.
          • Focus on the roles of and partnerships between actors of development finance, such as government agencies, multilateral development banks, foundations, NGOs, and the private sector, particularly social entrepreneurs and impact investors.
          • Familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms.
          • Address critical views on aid effectiveness.
          • Highlight policies in developed countries incoherent with the objectives of development assistance.

          Requirements for one credit:

          • Two 3-page essays: the first to be submitted on or before September 14, 2023 (15% of final grade); the second to be submitted on or before October 5, 2023 (15% of final grade)
          • One 10-page paper to be submitted on or before December 1, 2023 (40% of final grade)
          • Active participation in class discussions (30% of final grade)
          • There will be no final exam

          Requirements for a second credit (optional):

          • Online presentation to professor of approx. 25 minutes
          • Topic in the field of Development Finance proposed by student
          • Time of presentation between November 6th and 24th, 2023 (date to be determined by student and professor)
          • Written outline of presentation and bibliography to be submitted to professor no later than three days prior to presentation.
          • Grading: pass/fail

          591P

          Development Finance Project Credit
          • JD elective
          • LLM-ICL (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM Environ Cert
          • IntlLLM Business Cert
          • Fall 22
          • Fall 23
          • Research and/or analytical paper
          • Oral presentation

          When concurrently enrolled in LAW 591 Development Finance Project, a student may enroll in this additional credit.

          Requirements for a second credit:

          • Online presentation to professor of approx. 25 minutes
          • Topic in the field of Development Finance proposed by student
          • Time of presentation between November 6th and 24th, 2023 (date to be determined by student and professor)
          • Written outline of presentation and bibliography to be submitted to professor no later than three days prior to presentation.
          • Grading: pass/fail

          592

          Frontier AI & Robotics: Law & Ethics 3
          • JD SRWP, option
          • JD elective
          • LLM-LE (JD) elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM writing
          • IntlLLM Business Cert
          • IntllLLM IP Cert
          • IntlLLM NVE Cert
          • Fall 20
          • Spring 21
          • Spring 22
          • Spring 23
          • Spring 24
          • Reflective Writing
          • Research and/or analytical paper(s), 20+ pages
          • In-class exercise
          • Class participation

          Robots, with us for several generations already, were long confined to narrow uses and trained users, assembling our vehicles and moving our products behind the scenes. In recent years, robotic tools have begun to step out of the back room and take center stage. Even more, these tools are fueled by constantly advancing artificial intelligence and machine learning tools that allow them to participate in the world of the mind as much as the world of muscle. Are we ready? Probably not. In order to capture the full opportunities and benefits of AI & robotics, surely our legal systems and ethical frameworks must evolve. We must find ways to ensure that human-robot interactions occur in ways that are safe and are consistent with our cultural values. We must take care that our policies and laws provide artificial intelligence tools with the direction we need without quashing or hindering the innovations that could improve our lives.

          The course will bring together three core areas: (1) law, (2) ethics, and (3) applied technology. Because frontier technologies challenge existing legal regimes and ethical frameworks, this course and its assigned project encourage law, ethics, and policy students to interact with networks of experts who are actively thinking about ethical technology development and with technology policy networks that explore the social implications of a world increasingly inclusive of AI.

          Beyond time spent for class preparation and in-class time, each student in Frontier AI & Robotics: Law & Ethics will be required to complete a substantial research-based Report that demonstrates a deep, research-based understanding of a topic about which the student shall become knowledgeable such that he/she could take part meaningfully in and contribute to present-day discussions of law, policy, and ethics in the topic area. This Report may qualify for the JD SRWP degree requirement or the International LLM writing requirement upon permission of the instructor.

          NO PRIOR EXPERIENCE WITH ARTIFICIAL INTELLIGENCE OR TECHNOLOGY IS NEEDED FOR THIS COURSE.

          593

          Sexuality and the Law 2
          • JD SRWP
          • JD elective
          • IntlLLM-SJD-EXC elective
          • IntlLLM writing
          • PIPS elective
          • Fall 21
          • Fall 22
          • Spring 24
          • Research and/or analytical paper(s), 10-15 pages
          • Midterm
          • Class participation

          Issues in the legal regulation of sexuality and gender identity are among the most contested in US law today. Issues which either have been litigated in US courts in recent years or are currently being litigated include the ability of same-sex couples to marry, people’s access to contraception or abortion, as well as the ability of LGBTQ persons to access health care, public accommodations, employment, and education without discrimination. This course takes an interdisciplinary approach to the investigation of the legal regulation of human sexuality and gender identity. It examines the historical and jurisprudential foundations of these legal constructs with insights developed through feminist and queer theory. These disciplines will be deployed to better understand the scope of the rights to sexual and gender equality, liberty, and autonomy available to people not only in theory, but in fact, and not only at the national level, but at the state and local levels.

          598

          Family Creation: A Non-Judicial Perspective 2
          • JD elective
          • IntlLLM-SJD-EXC elective
          • PIPS elective
          • Spring 21
          • Reflective Writing
          • In-class exercise
          • Class participation

          This seminar will focus on the role of the legislative and administrative process in family creation. We will examine situations in which a child born in one family becomes part of another through mechanisms such as adoption, foster care, or surrogacy. Particular attention will be given to intercountry adoption and surrogacy, which raise complex issues of law and policy, including those relating to the definition of family, state sovereignty, immigration and citizenship, human rights, and ethics and transparency. Not all countries participating in intercountry adoption and surrogacy are subject to relevant international treaties, and even where treaties are in effect, implementation has been characterized by conflict and delay. At the local level, regulation through oversight of private agencies, adoptive families, and third party intermediaries has been uneven. Throughout our examination of these issues, we will focus attention on the ways in which race and class have shaped policy, often in ways that harm families and children.

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

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

          599

          Race, Bioethics and the Law 2
          • JD elective
          • PIPS elective
          • Spring 23
          • Reflective Writing
          • Research and/or analytical paper(s) option, 10-15 pages
          • Class participation

          Much of the mainstream dialogue regarding medicine, technological advances, and healthcare has relied on the premise of fairness and equality. However, this is not the entire story. Many of the advancements we take for granted were produced at the expense of racially marginalized individuals. Though these challenges can feel insurmountable, we have the tools to develop solutions. The goal of this course is to teach students the shared history of racism in medicine and to empower them to address these disparities through bioethics and the law. The course will cover historical bioethical incidents that shaped racially marginalized individuals’ relationships with healthcare and science. It will also examine healthcare, bioethics, and the law through the lens of racially marginalized peoples and anti-Blackness in law and policy. Lastly, it will also cover various approaches to integrating anti-racist principles into the practice of law.

          604

          Ad Hoc Seminar 3
          • JD elective

          Seminars organized and led by groups of five or more students, under the supervision of a faculty member. The topics vary according to the students' interests. Law School Rule 3-12 governs the development of ad hoc seminars.

          Credits --> Variable.

          https://law.duke.edu/registrar/adhoc/

          605

          Race and the Law Speakers Series 1
          • JD elective
          • IntlLLM-SJD-EXC elective
          • PIPS elective
          • Spring 21
          • Spring 23
          • Reflective Writing
          • Class participation

          In this Speakers Series, leading scholars and activists will share insights on pressing questions shaping U.S. race relations, including: (1) what would an anti-racist society look like; (2) what should and can be done about the carceral state; and (3) how do we address challenges inherent in concepts like allyship, representation, and intersectionality. Participation from a diverse group of students is encouraged.

          611

          Readings 1
          • JD elective
          • IntlLLM-SJD-EXC elective
          • Fall 20
          • Spring 21
          • Fall 21
          • Spring 22
          • Fall 22
          • Spring 23
          • Fall 23
          • Spring 24
          • Reflective Writing
          • Class participation

          This discussion course focuses on readings that explore connections between the law, the practice of law, the legal system, and issues of current societal importance or interest. Each section of the course is expected to have a different specific focus and different readings.

          Readings courses focused on public interest may count towards the Public Interest and Public Service Certificate.

          Review specific section descriptions to see if they can be used towards a specific degree or certificate requirement.

          611AB

          Readings 0.5
          • JD elective
          • IntlLLM-SJD-EXC elective
          • PIPS elective
          • Fall 20
          • Spring 21
          • Fall 21
          • Spring 22
          • Fall 22
          • Spring 23
          • Fall 23

          This year-long discussion course focuses on readings that explore connections between the law, the practice of law, the legal system and issues of current societal importance or interest.  Each of the course is expected to have a different specific focus and different readings. This course is assessed on a credit/no credit basis. Students are required to participate for the full academic year.

          Review specific section descriptions to see if they can be used towards a specific degree or certificate requirement.

          617

          Environmental Law Readings Workshop 0.5
          • IntlLLM-SJD-EXC elective
          • IntlLLM Environ Cert
          • Fall 20
          • Fall 21
          • Fall 22
          • Spring 23
          • Fall 23
          • Spring 24

          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.

          619

          Readings: Commercial Law and Society in Historical Perspective 1
          • JD elective
          • IntlLLM-SJD-EXC elective
          • Fall 23

          Fraud, mortgage crises, banking regulation, tax evasion – these are bywords of our time but, of course, such concepts and concerns have a long history. Many of the foundations of modern law regarding property and obligation were laid in English courts in the eighteenth and nineteenth centuries –a period of remarkable commercial expansion, imperial overreach, and stock market plunges. How did developments in legal procedure and doctrine shape the course of socio-economic change in the modern age? And what kinds of impacts did commercialization and colonization have on English law in an era of expanding empire?

          Readings will explore such questions through study of the development of the Anglo-American law of contract, mortgage, bankruptcy and trust.  Readings will also include works on the history of colonialism, labor law, welfare, and slavery. In examining some exemplary cases and works of historical analysis, we will consider the different social, political, economic and cultural contexts within which seminal legal changes occurred.

          Requirements include class participation and completion of short response papers. 1 credit (graded on a credit/no credit basis). No exam or final paper, however students may, if they wish, receive 2 credits upon successful completion of an additional 15-page paper. Variable Credit.

          619W

          Readings: Commercial Law and Society in Historical Perspective, Add-On Credit 1
          • JD elective
          • IntlLLM-SJD-EXC elective
          • Fall 23
          • Research and/or analytical paper(s), 10-15 pages
          • Add on credit

          Students have the option to complete an additional 15-page paper in Law 619 Readings: Commercial Law and Society in Historical Perspective for an additional credit. *LAW 619W MUST be added no later than 7th week of class.*

          621

          Externship
          • JD elective
          • JD experiential
          • IntlLLM-SJD-EXC elective
          • PIPS elective
          • PIPS experiential
          • Spring 21
          • Fall 21
          • Spring 22
          • Fall 22
          • Spring 23
          • Fall 23

          The Law School permits several types of externships: (1) Individual Externships; (2) Faculty-Mentored Externships; and (3) Integrated Externships. Please follow this link for details and rules governing each of these types.

          https://law.duke.edu/about/community/rules/sec3#Rule-3-25-Externship-Program

          Variable credit. With permission only.

          621S

          Externship Seminar 1
          • JD elective
          • IntlLLM-SJD-EXC elective
          • Fall 20
          • Spring 21
          • Fall 21
          • Spring 22
          • Fall 22
          • Spring 23
          • Fall 23
          • Spring 24
          • Reflective Writing
          • Class participation
          • Other

          Experiential education is an essential part of Duke Law School’s innovative curriculum.  The Externship Program is designed to allow a student to receive academic credit for gaining legal experience beyond what is available in the classroom and clinic settings by working under the supervision of a licensed attorney in a governmental, corporate, judicial, or non-profit law office.  In addition to the hours spent working in the externship placement, first-time externs take this one-credit companion class.  This class course applies the innovation principles of design thinking to the problem of designing your life and vocation in and beyond law school.  We'll approach questions such as, “Once I have my law degree, how do I get a life?” “How do I synthesize what I like to do and what I’m good at?” and “What do I want out of life and work after law school?”

          Topics we’ll cover include the integration of work and worldview, the realities of engaging the workplace and what can hold you back from realizing your full potential, how to promote your own happiness, and how to set long- and short-term goals for getting the most out of your externship and beyond. This is an experiential course that includes readings, videos, seminar-style discussions, personal written reflections, and individual mentoring/coaching.

          Credit for work in the externship placement (621) will be awarded on a Credit/No Credit basis, while the companion class (621S) is graded in accordance with the Duke Law grading policy for High-Pass / Pass / Low-Pass / Fail classes.  First time externs MUST take one of the two weekly Externship Seminars, offered on Tuesdays or Thursdays for the first seven weeks of the semester.  Students will be automatically enrolled in the Externship Seminar after they turn in their Externship Registration Form (available here) to Holly Dorfman (holly.dorfman@law.duke.edu) Students may not register themselves for the externship or seminar.

          624

          Capstone Project 3
          • JD elective

            Capstone Projects are intended to be intensive, active learning projects, requiring significant effort in the planning and implementation, as well as preparation of a substantial final written work product. For approval of a Capstone Project, interested students must submit a written proposal. For more information, please visit https://law.duke.edu/academics/capstone/. Variable credit.

            632

            JD/LLM-LE Practicum for 2Ls
            • LLM-LE (JD) elective
            • Spring 23

            With special permission from the Program Director, second-year JD/LLM-LE students may secure a business-focused externship placement to gain exposure to entrepreneurial issues in a “real-life” setting. Examples might include startup companies, venture capital firms, regulatory agencies, law firms with entrepreneurial practices, and similar organizations. In addition to a site supervisor, students must also work under the supervision of the Program Director or other approved faculty member to explore the intersection of legal principles and practical business applications and complete complementary coursework as assigned, such as research papers, reflection papers, status meetings, etc. Please note that JD/LLM-LE candidates must choose between priority registration in a transactional clinic, or participation in a practicum. Variable credit; C/NC only.

            634

            JD/LLM-LE Practicum for 3Ls
            • LLM-LE (JD) elective
            • Spring 21
            • Fall 21
            • Fall 22
            • Spring 23

            With special permission from the Program Director, third-year JD/LLM-LE students may secure a business-focused externship placement to gain exposure to entrepreneurial issues in a “real-life” setting. Examples might include startup companies, venture capital firms, regulatory agencies, law firms with entrepreneurial practices, and similar organizations. In addition to a site supervisor, students must also work under the supervision of the Program Director or other approved faculty member to explore the intersection of legal principles and practical business applications and complete complementary coursework as assigned, such as research papers, reflection papers, status meetings, etc. Please note that JD/LLM-LE candidates must choose between priority registration in a transactional clinic, or participation in a practicum. Variable credit; C/NC only.

            636

            Food, Agriculture and the Environment: Law & Policy 2
            • JD SRWP
            • JD elective
            • IntlLLM-SJD-EXC elective
            • IntlLLM Environ Cert
            • PIPS elective
            • Fall 20
            • Fall 21
            • Fall 22
            • Fall 23
            • Reflective Writing
            • Research and/or analytical paper(s), 10-15 pages
            • Oral presentation
            • Class participation

            “Food,” “agriculture,” and the “environment” are distinct American mythologies tied to our basic physical needs and imbued with significant cultural meanings. They are also deeply entwined. We all eat three or so times a day, and each of those meals arrived on our table at the very end of a dizzying journey through our national—and increasingly global—food and agriculture system. It’s a system that causes startling environmental harms; think water and air pollution, pesticides, greenhouse gases, non-human animal welfare, deforestation, soil depletion, wetlands destruction, fisheries collapse, and on and on. Yet notions of “agricultural exceptionalism” exempt agriculture from many of our nation’s environmental laws.

            Undergirding the system are the people who help put food on our tables. The food and agriculture system depends on immigrants who toil in the field and on slaughterhouse lines even as it romanticizes the Jeffersonian ideal of the solitary yeoman. It co-opts the knowledge of Black, Indigenous and people of color under terms like “sustainable” and “regenerative” without reckoning with land theft, enslavement, or the patterns of discrimination and land loss that persist today.

            This course will survey how law and policy created and perpetuate the interrelated social, economic and environmental iniquities of our modern food and agriculture system. More optimistically, we will study how law and policy can address systemic issues and move us toward values of equity and environmental justice, conservation, restoration, community health and economic sustainability. We will pay special attention to the federal farm bill, which is due for reauthorization in 2023.

            Course format and expectations: Students will be expected to stay up on all readings, participate in weekly discussion boards, prepare several presentations and written assignments throughout the semester, and engage in the seminar each week. As a final assignment, each student will write a 10-15 page law or policy paper on a topic that they will develop in consultation with the rest of the class and the instructor. There will be an additional, optional opportunity to visit a local farm.

             

            639

            Movement Lawyering Lab 3
            • JD elective
            • JD experiential
            • IntlLLM-SJD-EXC elective
            • PIPS elective
            • PIPS experiential
            • Fall 21
            • Spring 22
            • Fall 22
            • Spring 23
            • Fall 23
            • Spring 24
            • Reflective Writing
            • Research and/or analytical paper(s), 5-10 pages
            • Group project(s)
            • Practical exercises
            • Class participation

            This three-credit integrated externship will immerse students in the theory, practice, and politics of Movement Lawyering.  The course proceeds in two parts: a weekly seminar and partner work.  In the seminar, students learn the foundations and tactics of movement activism and discover how lawyers work with social movements to build power and create change.  In the partner work portion, students are paired with lawyers and organizers from around the Southeast to produce legal analyses, policy papers, legislative reviews, rapid response documents, outreach materials, and more, with a special emphasis on racial and reproductive justice.  Past and current projects include:

            • Data collection and analysis on local police budgets
            • Legal research on the viability of decarcerating people imprisoned during the War on Drugs
            • Background research for a bill outlawing unauthorized pelvic exams in teaching hospitals
            • Drafting a policy paper on the family policing system (often called the foster care system) and convening a working group
            • Compiling geographic and demographic information for a project on infrastructure justice and food apartheid

            Course enrollment is by application.  Students interested in applying for the course should submit their CV and an approximately one-paragraph statement of interest about their background and why they would like to enroll in the course. For the Spring 2024 semester, statements should be sent to Professor Anne Gordon (agordon@law.duke.edu), no later than 5 pm on November 3.

            640

            Independent Study 2
            • JD SRWP
            • JD elective
            • IntlLLM-SJD-EXC elective
            • IntlLLM writing
              • Research paper, 25+ pages

              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.

               

              644

              Bass Connections 1-3
              • Other

              About Bass Connections

              Bass Connections is a university-wide program that offers graduate and undergraduate students immersive research opportunities through more than 60 year-long project teams each year. On Bass Connections teams, graduate and professional students, postdocs, and undergraduates work together with faculty and outside experts to conduct cutting-edge research on important issues such as health inequality, environmental sustainability, human rights, educational opportunity, and medical ethics.

              Teams generally work together for nine to 12 months. Participating students usually receive academic credit (see below for crediting options for Law students), although students in specialized roles may sometimes serve in a paid role.  

              Team members blend their diverse skills and expertise, allowing students of all levels to learn and contribute. Their work results in policy recommendations, journal articles, new datasets to inform future research, health interventions, novel modes of delivering social services, prototypes, museum exhibits, future grants, and more.

              Opportunities to Participate in 2023-2024

              For more information about how to apply, please visit the Bass Connections website. Details about other 2023-2024 project teams open to law students are available here.

              Crediting Options for Law Students

              Law students who are interested in participating in Bass Connections have the following crediting options:

              • Teams led by a Duke Law Faculty Member: If a Duke Law faculty member leads a Bass Connections team, Law students are eligible to receive Law School credit (up to three credits per semester). Upon being accepted to join a team, students must apply for approval to receive Law School credit by documenting the law and policy work (research, drafting, etc.) they will be undertaking as part of the team and the amount of time they will spend on the project. Such students should contact Dean Lacoff or James Lambert.
              • Teams without Duke Law Faculty Members: Some Bass Connections team are grappling with legal matters but do not include a Duke Law faculty leader. While Law students are encouraged to participate on these teams, students would not be eligible for Law School credit. Such students could opt to use their non-Law credit, noting that each student is only permitted three such credits. Students may also petition the Law School’s Administrative Committee for permission to apply up to three additional credits. Such appeals must demonstrate the rigor of the project and the connection to legal matters. Students interested in participating in these projects should contact Dean Lacoff or James Lambert.
              • Other options: Some students participate on Bass Connections teams in a paid capacity, particularly if they are serving in a leadership/project management role on the team. Each team is structured differently. It is at the discretion of faculty team leaders whether they offer paid roles. Law students may not earn academic credit if they are paid for their work.

              Some students also participate on Bass Connections teams in an extra-curricular capacity because they are passionate about the topics, see sufficient professional benefits to participation, and/or because the topic aligns with their own research/career interests.

              In some circumstances, Duke Law students may also document leadership or other skill development through a Bass Connections team experience that may count toward the professional development graduation requirement. Please contact a career counselor if you are interested in pursuing this option.

              Benefits of Participation for Professional Students

              Project teams offer professional students an exciting opportunity to apply coursework to a concrete problem, access professional development resources, expand academic and professional networks, and build career-enhancing skills to stand out on the job market. Professional students play a crucial role on Bass Connections teams, often serving as subject area experts, project managers or sub-group leaders, and mentors for undergraduates. In recognition of the important leadership role that professional students play on teams, Bridget Eklund JD’ 21 was awarded the 2021 Bass Connections Award for Outstanding Mentorship

              Bass Connections teams offer professional students the opportunity to plan and implement complex projects, work in teams, mentor and lead others, and communicate across boundaries to find solutions to complex challenges – skills that are crucial for successful careers in almost any field.

              Duke Law Participation and Testimonials

              Past Law students have participated on a wide range of teams, including those working on issues related to ethics, the environment, privacy and security, intellectual property, labor, health, and education.

              Among many research outcomes, these teams have:

              • collaborated with federal and state policymakers on Medicaid reform;
              • developed cybersecurity guidelines to protect individuals’ and families’ personal data;
              • examined incentive-based approaches to endangered species conservation on private lands;
              • explored how governments and professional associations set and enforce codes of ethics in competitive industries such as law, athletics and business;
              • produced documentary films on the environment and peacebuilding in post-conflict zones; and
              • written policy proposals to inform animal waste management practices in the United States.

              Here’s what a few Duke Law alumni have had to say about their Bass Connections experience:

              The best thing about my Bass Connections project was that, much like in the real world, the “problem” we sought to address had never been answered – it was not an assignment generated to test a skill set, but rather a totally open-ended question.
              -
              Anna Johns Hrom JD ’16, PhD ’18 (Law Clerk, U.S. Courts)
               

              As a result of having worked with a multidisciplinary team, my writing changed and improved my goal of reaching wider audiences…Back in Brazil, my experience with Bass Connections is also informing how I am building and leading teams of researchers and policy analysts.
              -Daniel Ribeiro, SJD ’18 (Prosecutor, Ministério Público of the State of Rio de Janeiro)
               

              Through Bass Connections, I had the chance to meet with highly specialized practitioners that have been doing fascinating work on environmental peacebuilding. The [experience] also gave me an opportunity to step out of my usual activities…and do things I had little experience with, like drafting a script for a documentary or thinking about how certain images might help communicate the environmental impact of armed conflict in different regions of the world.
              -Xiao Recio-Blanco, SJD ’15 (Director of the Ocean Program, Environmental Law Institute)
               

              Bass Connections provided [our team] with an opportunity to work across disciplines to solve a complex and multifaceted problem and to develop a meaningful solution to that problem—one that has the potential to have tangible benefits in the real world. It is exactly the type of opportunity that I had been looking for when I decided to apply to Duke in the first place: to take my education beyond the classroom to make a difference in the wider world.
              -Matthew Phillips JD ’20 (Founder, Phillips Admissions)

               

              646

              Center for Public Research and Learning (CPRL) Integrated Externship 13
              • Other

              In partnership with Columbia Law School’s Center for Public Research and Learning (CPRL), Duke Law offers an integrated externship to spend a semester in New York in an interdisciplinary leadership development program in public education policy that combines a live-client project, an academic seminar on structural change in public education, professional skills development, and networking and job opportunities. CPRL student projects serve school districts, education departments, non-profit organizations and foundations driving transformational change in public education and improved outcomes for all children.

              647

              Research Tutorial: Marine Species at Risk in a Changing Atlantic 3
              • JD elective
              • IntlLLM-SJD-EXC elective
              • IntlLLM required
              • PIPS elective
              • Fall 22
              • Research and/or analytical paper
              • Oral presentation

              Professors Michelle Nowlin and Steve Roady are working with colleagues at Dalhousie University in Nova Scotia and the Environmental Law Institute to organize a workshop that will take place on November 3-4, 2022 at the Duke in D.C. office.  The workshop, Transboundary Marine Species at Risk in a Changing Atlantic: Taking Stock of Canadian and US Scientific and Governance Responses, Enhancing Future Cooperation, will bring together marine scientists, government experts, and legal scholars to assess the population and recovery status of species at risk of extinction due to habitat degradation, incidental impacts of commercial activities, and climate change; compare national approaches to species management and protection; assess the effectiveness of existing agreements; and  explore ways to improve bilateral and regional cooperation and address changes in migration patterns as the ocean warms.  This Research Tutorial provides students at the Law School and the School of the Environment with the opportunity to engage with experts and contribute to this workshop.  Students would conduct legal research and literature reviews and develop case studies that they would present at the workshop.  Students also would attend the full two-day workshop, serving as rapporteurs of the different sessions, and then work with the workshop’s steering committee to produce a report of the proceedings.

              At the federal level, the regulatory regimes for the management and conservation of ocean life forms present different issues in the USA and Canada.  As a general rule, this country’s environmental laws provide more robust protections than those in Canada.  At the same time, the Canadian Department of Fisheries and Oceans has been more aggressive than its US counterpart (the National Marine Fisheries Service) in efforts to limit damage to such species as endangered whales.  The ability of these two agencies to work cooperatively in a constructive fashion is growing in importance as climate change is driving more ocean species to shift the balance of their activities from one side of the USA/Canada border to the other.  With specific species (e.g., the right whale, the blue whale, and the American eel) as the focus of case studies, students in this tutorial would engage in comparative analyses of the differing regulatory approaches in the two countries and endeavor to formulate suggestions for improvement. 

              Enrollment requires instructor permission, and applicants should have both interest in this field and some background in/academic focus on marine species, international or environmental law, and government policy/governance.   Students interested in applying for the course should submit a short (250-500 word) statement of interest about why they would like to enroll in the course and highlighting coursework and/or experience. Statements should be sent to Professor Roady sroady@duke.edu, no later than 4 pm on Friday, June 17.  Students will be notified before the first registration window opens on Tuesday morning so that you can factor the seminar into your semester credit load. 

              655

              Spanish for Legal Studies 2
              • JD elective
              • LLM-ICL (JD) elective
              • IntlLLM-SJD-EXC elective
              • Spring 23
              • Spring 24

              The purpose of the course is to introduce students to Spanish legal concepts and technical language used in the civil law tradition as applied in Latin America. The course seeks to improve the Spanish oral and written communication skills of the students.

              The course seeks also to expose students to some of the main issues that may arise in the practice of law dealing with Latin America. Thus, there will be discussion of cultural, historical and political traits of the region in order to provide students with better tools as facilitators of human international relations between English and Spanish speakers. The overall objective of the course is to enrich the possibilities that Spanish as a second language brings to the profession.

              Prerequisite: Spanish language skills sufficient to follow a class, participate and understand the written materials. If you have questions about the degree of Spanish required please consult with the instructor before registration.

              El objetivo del curso es familiarizar a los estudiantes con los principales conceptos juridicos y lenguaje tecnico que se utiliza en la tradicion del derecho civil en la America de habla castellana. Se busca mejorar las habilidades de comunicacion oral y escrita en el idioma castellano.

              El curso busca tambien explorar algunas de las cuestiones principales que se le pueden presentar a un abogado extranjero en su practica con America Latina. Por lo tanto, se hablara de cuestiones culturales, historicas y politicas de America Latina para dar mayores herramientas al los estudiantes como futuros facilitadores de la comunicacion humana para una utilizacion mas enriquecedora de las posibilidades que brinda el castellano como un segundo idioma.

              Pre-requisito: Dominio suficiente del idioma castellano para poder seguir una clase, intercambiar opiniones y comprender los materiales. Si tiene preguntas sobre el nivel de dominio del lenguaje necesario, por favor consulte al instructor antes de registrarse.

              677

              Duke Law in DC: Rethinking Federal Regulation 4
              • JD SRWP
              • JD elective
              • PIPS elective
              • Fall 20
              • Fall 21
              • Fall 22
              • Fall 23

              This course is open to students participating in the Duke in DC integrated externship program (LAW 679: Duke Law in DC Externship). The Rethinking Federal Regulation course is a graded 4-credit weekly class that focuses on trends in regulatory philosophy, competing models for regulation, the nature of administrative rulemaking and enforcement of rules and regulations, and some of the sources of regulatory dysfunction. Students will develop critical analysis skills that are necessary to evaluate federal regulatory law, and will produce a 30-page final paper for the course. This course is open to second and third year law students, by permission only. For more information, please visit https://law.duke.edu/curriculum/dukedc/.

              679

              Duke Law in DC Externship 9
              • JD elective
              • JD experiential
              • PIPS elective
              • PIPS experiential
              • Fall 20
              • Fall 21
              • Fall 22
              • Fall 23

              This 9-credit externship is one of three components of the Duke Law in DC experience, which also includes a seminar course and a substantial research paper. With the support of the Externship Administrator, students seek and secure a full-time externship position with a non-profit or government agency or office in Washington, DC. Duke Law in DC externship students have the opportunity to gain substantial hands-on experience in order to advance their academic and professional development while working under the supervision of an attorney on high-quality real-life work assignments.

              Under the Duke Law Externship Program, a student must complete 50 hours of externship per externship credit; Duke Law in DC requires 450 hours of externship to be completed between the first day of classes and the last day of exams each semester. Students are required to submit bi-weekly reflection papers and hours logs to the Externship Administrator and course professor. Students will be graded on a credit/no credit basis, based on successful completion of the required externship hours and diligent submission of reflection papers and hours logs.

              The Duke Law in DC externship program is open to second- and third-year law students, by permission only.

              Please follow this link for details and rules governing externships: http://law.duke.edu/about/community/rules/sec3#rule3-25

              9 credits / credit-no credit grading basis

              707

              Statutory Interpretation Colloquium 2
              • JD SRWP
              • JD elective
              • IntlLLM-SJD-EXC elective
              • IntlLLM writing, option
                • Reflective Writing
                • Research paper, 25+ pages

                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 elective
                • IntlLLM-SJD-EXC elective
                • IntlLLM Business Cert
                • Spring 21
                • Fall 21
                • Final Exam
                • 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.

                Final grades are based on a final exam and in class participation.

                713

                Corporate Social Responsibility and Social Entrepreneurship 2-3
                • JD SRWP, option
                • JD elective
                • IntlLLM-SJD-EXC elective
                • IntlLLM writing option with additional credit
                • IntlLLM Business Cert
                • Spring 21
                • Fall 21
                • Spring 23
                • Final Exam
                • Research paper option, 25+ pages
                • Class participation

                In recent years, there has been growing pressure on profit-seeking corporations to address social problems, such as inequality and climate change. This class will critically evaluate the law and policies underlying recent developments that have allowed or required firms to take on a more active role in social and environmental issues. The class covers a range of topics, including the economic structure of nonprofit firms, the debate on corporate purpose and the profit-maximization norm, the rise of ESG investing, the proliferation of new legal hybrid forms, recent developments in the law of managerial fiduciary duties, the role of microfinance and fair trade in promoting development, and tax and subsidy policies to encourage corporations to pursue social goals, including the recent Opportunity Zone program. The inquiry will focus primarily on what types of structures best align investors’ interest in profit-making with different social purposes. 

                To be enrolled in the class, students must either take Business Association in the same semester, or have taken it in the past.  

                Student enrolled in the three-credit option need to write a research paper (in satisfaction of the JD Substantial Research and Writing Requirement or the International LLM Substantial Research Paper Requirement) in addition to doing the take-home exam.  The additional credit will count towards the Independent Study Research Credit Limit (Rule 3-12).

                The take-home exam will be comprised of questions relating to a real or imaginary business structure or transaction that involves social issues.

                714

                Coastal Resilience in the Face of Climate Change 2
                • JD elective
                • LLM-ICL (JD) elective
                • IntlLLM-SJD-EXC elective
                • IntlLLM writing, option
                • IntlLLM Environ Cert
                • PIPS elective
                • Spring 21
                • Spring 22
                • Research and/or analytical paper(s), 15-20 pages
                • Group project(s)
                • 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.  

                716

                Cybersecurity and National Security Law and Policy 3
                • JD elective
                • IntlLLM-SJD-EXC elective
                • Fall 21
                • Fall 22
                • Reflective Writing
                • Research and/or analytical paper(s), 10-15 pages
                • Group project(s)
                • In-class exercise
                • Class participation

                The acquisition, management, analysis, dissemination, and security of data are increasing important issues for individuals, commercial enterprises and governments.   New technologies create a more connected and personal digital society.  Every day, transactions engaged in by individuals generate ever expanding amounts of personal information, including credit card transaction information, purchasing histories, bank and other financial transaction information, location information, health information, real property ownership information, information relating to interactions with the criminal justice system, information shared on social media and other types of information.  Not only is the volume of personal information escalating rapidly; much of it is revealed in on line transactions, enabling it to be acquired for multiple uses, and much resides on servers and storage media where it can be accessible or potentially accessible to commercial enterprises and government agencies. New cybersecurity risks are demanding responses from governments as they address attacks on critical infrastructure, election interference and the potential for manipulation of the data used to train artificial intelligence tools.

                In both the commercial sector and the government sector, the legal and policy issues associated with data, cybersecurity and surveillance are growing in importance.   Discussion of these issues in either sector cannot ignore the others, because the issues frequently intersect.  They also transcend national boundaries. For example, in President Obama’s proposals to revise government policy towards signals intelligence collection, he states that such policies implicate “the cooperation we receive from other nations on law enforcement, counterterrorism, and other issues; our commercial, economic, and financial interests, including a potential loss of international trust in U.S. firms and the decreased willingness of other nations to participate in international data sharing, privacy, and regulatory regimes …”[1]  This intersection of issues creates particular challenges for existing constitutional, legislative and international governance models.

                In the government sector, increased risks such as nation state cyber threats now create new priorities to add to those efforts spurred by the terrorist attacks on September 11, 2001.  Combating and preventing terrorist and cybersecurity attacks relies heavily on the collection of information through electronic surveillance.  The tension between these efforts and individual privacy creates frictions that are forcing reconsideration of existing methods of mediating these interests.  This tension then creates challenges for long accepted ideas of nation state use of signals intelligence interception and other information gathering operations (such as the gathering of intelligence about potentially hostile governments).  Similar reconsideration is occurring in the commercial sector, where consumers’ desire for confidentiality in the data that relates to them can conflict with markets for information and commercial and entrepreneurial interests that wish to take advantage of such data to provide new goods and services that consumers value.  


                [1] Presidential Policy Directive/PPD-28, p. 1 (January 17, 2014).

                 

                717

                Comparative Constitutional Design 2
                • JD SRWP
                • JD elective
                • LLM-ICL (JD) elective
                • IntlLLM-SJD-EXC elective
                • Spring 21
                • Spring 23
                • Spring 24
                • Research paper, 25+ pages

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

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

                718

                Social Choice Theory: Cost-Benefit Analysis and Beyond 2
                • JD elective
                • IntlLLM-SJD-EXC elective
                • Spring 21
                • Spring 22
                • Spring 24
                • Reflective Writing
                • Research and/or analytical paper(s), 10-15 pages
                • Class participation

                Social choice theory is the systematic study of how to combine individual preferences, or some other indicator of individual well-being, into a collective ranking. Although scholars have worried about this problem for centuries, most intellectual progress in social choice theory has occurred in the last century, with Arrow's stunning "impossibility theorem," and the development of the notion of the "social welfare function." This latter construct serves as the foundation for many disciplines within economics (such as optimal tax theory or the economics of climate change). It also provides a rigorous and comprehensive framework for thinking about cost-benefit analysis--currently the dominant policy tool in the U.S. government.

                This course will provide an introduction to social choice theory, with a particular focus on the social welfare function and on cost-benefit analysis. In the course of addressing these topics, we will also spend substantial time discussing the philosophical literatures on well-being and on inequality. What is the connection between someone's well-being and her preferences, her happiness, or her realization of various "objective goods"? And--on any conception of well-being--how should we structure policy choice to take account of the distribution of individual welfare? Addressing these questions is essential for thinking clearly about collective choice and, in particular, social welfare functions and cost-benefit analysis.

                My book Measuring Social Welfare: An Introduction (Oxford University Press, 2019) will serve as the main text for the course, with additional readings from philosophy, economics, and law.  The course does not require advanced mathematics. However, students should not be "math phobic". The readings and our discussion will use some mathematical notation to communicate key ideas--as does, of course, any economics text on cost-benefit analysis--and students should not be afraid of seeing this notation. Students should also be prepared to engage in philosophical discussion.

                The course will be taught as a 2-hour weekly seminar. Students will be asked to do the reading for each seminar; to write short (1 page) reaction papers each week; and to participate in class discussion. Students will also write a 10-page final analytical (not research) paper.  This final paper can either be (a) a critical discussion of one or more chapters from Measuring Social Welfare, or (b) a critical discussion of some other book or article relevant to the topics of the seminar.

                722

                International Business Law 3
                • JD elective
                • LLM-ICL (JD) elective
                • IntlLLM-SJD-EXC elective
                • IntlLLM Business Cert
                • Fall 20
                • Fall 21
                • Fall 22
                • Fall 23
                • 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 OECD 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.

                727

                Current Issues in Constitutional Interpretation 1
                • JD elective
                • Spring 21
                • Research and/or analytical paper(s), 10-15 pages

                This seminar will examine important constitutional issues that have arisen in recent Supreme Court cases and will use those cases as a vehicle for considering broader questions of constitutional interpretation and Supreme Court practice, such as theories of interpretation and the role of stare decisis. Among the issues that may be studied are the Second Amendment right to keep and bear arms, the Sixth Amendment rights to counsel and trial by jury, the Eighth Amendment right to be free of cruel and unusual punishment, and the right to petition for a writ of habeas corpus.

                Enrollment for Current Issues in Constitutional Interpretation is limited to 15 students.  Only third-year students are eligible to apply for enrollment, as it is anticipated that students in their final year of law school will be best prepared to engage fully in the course.

                732

                Topics in Access to Justice 2
                • JD elective
                • IntlLLM writing, option
                • PIPS elective
                • Spring 23
                • Spring 24
                • Reflective Writing
                • Class participation
                • Other

                “Access to justice” (sometimes denominated “A2J”) is a multidimensional concept that eludes easy definition. This course will use the term expansively, to capture the ways in which our civil legal system does or does not respond to the legal needs of ordinary people.
                This course will examine the structural obstacles that impede access to civil justice as well as contemporary opportunities for reform. Access barriers can have a variety of sources. Barriers can be doctrinal (e.g., the civil right to counsel), practical (e.g., courts’ ability to accommodate non-English-speaking litigants), economic (e.g., the rise of binding arbitration), or political (e.g., limited funding for legal aid offices), and nearly all are multifactorial. Similarly, opportunities for improvement can be found in doctrine, institutional design, community engagement, and technology. Compared to a course on substantive law, our focus will be on the institutional, procedural, and practical dimensions of the access problem.

                The course will be divided into roughly three components. In Part I, we will consider theories and doctrines of civil legal access. In Part II, we will consider institutional and procedural features that shape access to our civil legal system, as well as the roles of different actors and constituencies in the civil justice system, including: lawyers and the legal profession; self-represented litigants; community organizations; courts; and non-judicial government institutions. In Part III, we will consider a handful of “pressure points” in access to civil justices—that is, areas of the law where legal needs are especially significant, and where access is especially challenging. Among the areas will consider will be family law, housing law, consumer law and consumer bankruptcy, and immigration law. Solutions and opportunities for change will be discussed throughout all three parts of the course.

                Students will be evaluated on the basis of class participation, four response papers and a research proposal.

                737

                Environmental Litigation 2
                • JD elective
                • IntlLLM-SJD-EXC elective
                • IntlLLM Environ Cert
                • PIPS elective
                • Spring 21
                • Spring 22
                • Spring 23
                • Research and/or analytical paper(s), 10-15 pages
                • Practical exercises
                • Class participation

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

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

                738

                Financial Law and Regulation: Practitioner's Perspective 2
                • JD elective
                • IntlLLM-SJD-EXC elective
                • IntlLLM Business Cert
                • Spring 22
                • Reflective Writing
                • Class participation

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

                The course will be structured as follows:

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

                Likely topics to be covered include:

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

                 

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

                741

                Climate Change and Financial Markets 2
                • JD SRWP, option
                • JD elective
                • LLM-ICL (JD) elective
                • IntlLLM-SJD-EXC elective
                • IntlLLM writing
                • IntlLLM Environ Cert
                • IntlLLM Business Cert
                • Spring 22
                • Spring 23
                • Spring 24
                • Research paper, 25+ pages
                • Oral presentation
                • Class participation

                This course will focus on one of the most important elements in combatting, adapting to and mitigating the impact of climate change, namely the role of finance.  We will review the status of climate change science to gain an understanding of the challenge facing all of us.  Recognition and commitments by governments, including most particularly the United States, China, and Europe, will then be reviewed, before we consider the multiple linkages between finance and climate change, including the adverse impact of cryptocurrency.

                Against this introduction the course will then delve into the various dimensions of financial markets and the players involved.  This is important to understand the broad ranging impact and opportunities for addressing climate change.  Once the markets and market participants are understood, the course will review the diverse roles of government agents and regulators, each of whom can have a far-reaching impact in shaping the markets and market behavior.  We will also assess the recognition of the challenge by financial market participants and their actual and potential responses to it.

                A particularly thorny area is that of market analytics.  Many market operators claim to be “green,” but at this point the methods for determining the veracity of the claims remain very underdeveloped and often contradictory.  We will consider what has still to be done before we can really evaluate the “green” performance of firms and funds.  We will also face the real challenges that such firms face when trying to adapt.

                The course will conclude with an assessment of the overall state of financial markets as one of the most important arenas in the struggle to meet the great challenges posed by climate change.

                744

                Philosophy for Constitutional Lawyers 3
                • JD SRWP
                • JD elective
                • IntlLLM-SJD-EXC elective
                  • Reflective Writing
                  • Research and/or analytical paper(s), 10-15 pages
                  • Class participation

                  This seminar will investigate the possibility and promise of substantive reason in constitutional law. Doubts that reason plays any non-instrumental role in constitutional decisions often reflect a broad skepticism that constitutional law can be anything other than political decision-making in disguise. We do not share that skepticism, but we readily concede that many constitutional arguments and opinions are poorly reasoned, and that constitutional lawyers often seem unable to offer a coherent account of what they are doing, or what constitutional decision-making is or ought to be, that doesn't collapse into a species of political choice.

                  Our goal is to explore some of the resources that contemporary philosophy may offer constitutional lawyers in the effort to understand and practice constitutional law as a distinct and coherent form of thought and decision.
                  Attention will be paid to the work of Alasdair MacIntyre and Ludwig Wittgenstein, among others.

                  Students will be expected to participate actively in class discussion and to prepare a seminar paper, which can be written to satisfy the upper-level writing requirement.

                  745

                  Trade Secrecy: Doctrine, Policy, Frontier Issues 2
                  • JD SRWP, option
                  • JD elective
                  • LLM-LE (JD) elective
                  • IntlLLM writing
                  • IntllLLM IP Cert
                  • Spring 23
                  • Research paper, 25+ pages
                  • Research paper option, 25+ pages
                  • Oral presentation
                  • Class participation

                  This seminar introduces trade secrecy doctrine and examines the most important policy contexts in which trade secrecy are arising today. No background knowledge is required. However, students must be prepared to be quick studies of various areas of technology and law. Of the various U.S. intellectual property regimes, trade secrecy is perhaps the most doctrinally elusive. Historically a common law tort that also borrowed from property and contract, trade secrecy has become codified in state, federal, and international regimes. The codification of trade secrecy doctrine has coincided with increasing recognition that it is often the most important mechanism by which firms protect returns on innovation and/or business investment. Notably, trade secrecy (and secrecy more generally) is becoming increasingly important not only for private firms, but also for national and regional innovation and security strategies. This seminar begins with an introduction to the trade secret doctrinal canon (including a discussion of how trade secrecy intersects with patent, copyright, and data exclusivity protection). It then discusses empirical evidence on uses of trade secrecy. Next, it considers various policy contexts, ranging from cybercrime and data regulation to employment and public administration. The seminar concludes by examining frontier technology areas in which trade secrecy plays a prominent role. These include machine learning and biopharmaceutical manufacturing.

                  753

                  Law and Literature: Race & Gender 3
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • PIPS elective
                  • Spring 21
                  • Fall 22
                  • Take-home examination
                  • Reflective Writing
                  • Class participation

                  This seminar explores the intersection between literary and legal studies, with a particular focus on race and gender. Through literature and some film, the seminar examines the role of law in the structure of conflict, personal relationships, social hierarchy and social change, with attention to privilege, perspective, and voice.  Possible authors include Margaret Atwood, James Baldwin, Octavia Butler, Ava DuVernay, Lorraine Hansberry, Ursula Hegi, Kazuo Ishiguro, Nella Larsen, Gabriel García Márquez, Toni Morrison, Colson Whitehead, and Richard Wright.

                  Grades will be determined from class participation, weekly response papers, and a final take-home examination.

                  754

                  IP Transactions 2
                  • JD elective
                  • LLM-LE (JD) elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • IntllLLM IP Cert
                  • Spring 21
                  • Spring 22
                  • Spring 23
                  • Spring 24
                  • 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.

                  755

                  Data Governance and Data Sharing 2
                  • JD SRWP, option
                  • JD elective
                  • LLM-ICL (JD) elective
                  • LLM-LE (JD) elective
                  • IntlLLM writing
                  • IntllLLM IP Cert
                  • Spring 23
                  • Research paper option, 25+ pages
                  • Class participation

                  Data often is referred to as the “new oil” or the “new gold,” given its potential to help unlock many economic and social benefits ranging from making industries more innovative and efficient to aiding in drug discovery, combatting climate change, and identifying and addressing social disparities.  The exponential growth of data has enhanced the need to develop robust data governance and data sharing practices, which can implicate a broad range of legal and policy issues, including privacy, cybersecurity, intellectual property, antitrust, corporate, and emerging AI policies.  Since many U.S. organizations collect and process data in multiple countries, data governance and sharing systems often need to factor in the laws of multiple jurisdictions.The goal of the seminar is to give students a foundation in the key legal and policy issues shaping data governance and data sharing practices, and insight on how organizations are operationalizing data governance and data sharing in the quickly evolving legal environment.  The course addresses relevant US laws and policies as well as select international laws and policies in order to help prepare students to address data governance and sharing practices that extend across certain jurisdictions.  To accomplish these learning objectives, the seminar begins with an overview of data governance and a series of classes focusing on legal and policy issues implicated by data governance.  Next, the seminar includes a series of classes focused on data sharing, including emerging laws and policies promoting data sharing and contractual strategies and challenges for implementing data sharing.  Finally, the course will explore how policymakers are turning to certain technology solutions to help address competing legal and policy concerns such as protecting privacy, on the one hand, and promoting data sharing and transparency, on the other.

                  758

                  Originalism: An Overview of Theory and Practice 2
                  • JD SRWP, option
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • Spring 21
                  • Spring 24
                  • Reflective Writing
                  • Class participation

                  Originalism has become a major force in constitutional interpretation throughout the federal and state judiciaries.  The theory’s merits and the merits of the outcome it yields are the subject of intense debate in the legal community and across the country.

                  This two-hour weekly seminar is designed to help acquaint you with the history of Originalism, developments in Originalism over time, criticisms of the theory, current controversies among originalists, and how lawyers and judges engage in originalist analysis. 

                  Students will be evaluated on papers responding to the course readings and on class participation

                  760E

                  Practitioner's Guide to Employment Law 1
                  • JD elective
                  • JD experiential
                  • LLM-LE (JD) elective
                  • IntlLLM-SJD-EXC elective
                  • PIPS elective
                  • Spring 21
                  • Fall 21
                  • Fall 22
                  • Fall 23
                  • Reflective Writing
                  • Practical exercises
                  • Class participation

                  This a practitioner’s skills course.

                  It is designed to introduce students to practitioner skills against a backdrop of some of the main employment law issues that arise on a frequent basis in the American workplace.

                  Using a variety of approaches to instruction including mock exercises, outside speakers, writing exercises (such as drafting communications to government agencies or corporate clients), and drawing from current developments in the law, the student will become familiar with basic concepts underlying employment law and, equally importantly, the practice skills involved in delivering legal advice and counsel about the issues presented.

                  While the focus will be on representing an employer, students will explore issues from the perspective of the employee and compliance enforcers. Through this course, students will attain practical familiarity with providing legal advice which can be applied in any business context.

                  760L

                  Practitioner's Guide to Labor Law 1
                  • JD elective
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • PIPS elective
                  • Spring 21
                  • Fall 21
                  • Spring 22
                  • Reflective Writing
                  • Practical exercises
                  • Class participation

                  This course is designed to provide a practical overview of the main labor law issues that arise in the U.S. workplace. Using a variety of approaches of instruction including mock exercises, outside speakers, writing exercises and analysis of current events, the course will familiarize students with not just the basic concepts underlying the broad range of labor law but cover more advanced topics. As such, the course is appropriate both for students who have taken Labor Law and those new to the topic. To a certain extent, the class topics will be “collectively bargained,” meaning students will actually bargain over class material with the Professor, much as what happens in a union-management relationship.

                  Class will meet seven times through the semester.

                  764

                  Privacy in a Post-Dobbs World: Sex, Contraception, Abortion and Surveillance 2
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM writing
                  • PIPS elective
                  • Fall 23
                  • Research and/or analytical paper(s), 10-15 pages
                  • Oral presentation
                  • Class participation

                  This two-credit seminar will examine the extent to which the criminalization of abortion in the aftermath of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), together with 21st century surveillance, compromises or eliminates the physical, decisional, and informational privacy of women and people who can become pregnant.

                  We will review the history of the Supreme Court’s contraception and abortion cases and carefully read Dobbs. We will learn about the historical criminalization of abortion and pregnancy outcomes in the US and related surveillance. We will then examine current state laws criminalizing abortion, defining a fetus as a person, and creating civil liability schemes, and discuss how these laws affect privacy. We will learn about the laws that protect (and fail to protect) privacy in our modern information economy and consider the ways privacy law intersects with abortion law. In this context, we will consider both commercial surveillance and surveillance by law enforcement.  Other topics will include: the privacy implications of medication abortion and the current litigation that threatens its continued availability in the US; the extent to which providers, aiders and abettors, and women who self-manage abortion may be subject to prosecution in ban states; the increasing legal conflicts between shield states and ban states; the effects of criminalization on the privacy of the physician-patient relationship and the associated disincentives for seeking reproductive health care; the implications of laws purporting to control, limit or prohibit access to or dissemination of information about abortion in ban states; and attempts to affect or restrict individuals’ movement within and between states to obtain care.

                  Both privacy and abortion law are rapidly changing environments in the United States, and attention to current developments in both arenas will be part of the class. We will make every effort to address and incorporate developments as they occur. Assignments will include interactive online comments and responses about the readings, a research project and presentation on the developing law in a particular state, and a writing assignment. There is no final exam.

                  This course is not open to students who took Law 611.45 - Readings: Privacy in a Post-Dobbs World in Fall 2022.

                  767

                  Advanced Legal Research Workshop 1
                  • JD elective
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Spring 22
                  • Spring 23
                  • Fall 23
                  • Practical exercises
                  • Class participation

                  This one-credit fast- track advanced legal research workshop will provide students with hands-on research practice across a spectrum of topics, using assignments designed to simulate legal practice in a real-world setting. In addition to primary legal sources, students will practice using litigation documents and analytics products, statutory interpretation and legislative history materials, corporate and contract drafting resources, regulatory materials, interdisciplinary and data research resources, intellectual property materials, and legal history and jurisprudence resources. In-class exercises and take-home assignments will be based on current and recent legal disputes illustrative of those matters students are likely to encounter in practice. Ethical and efficient research methods will be emphasized. Students should come away prepared to tackle research in a variety of legal work settings, including law firm, court, or public interest practice. Successful prior completion of LARW or equivalent is required.

                  768

                  Race & Immigration Policy 2
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • PIPS elective
                  • Fall 23
                  • Reflective Writing
                  • Research and/or analytical paper(s), 15 pages
                  • Class participation

                  This two credit course will examine the role race has played since the birth of the United States in driving immigration policy both in terms of who is permitted to enter the United States and who is targeted for detention and removal. Topics will include the Chinese Exclusion Act, the national origin quota system, Japanese internment, the Bracero program, post-9/11 registration, expansion of immigration enforcement through the criminal justice system, border policy, and the narratives constructed around Latinx, Black, Asian, and White immigration. We will also analyze the roles Congress, the executive branch, the courts, and the public have played in creating and responding to these policies. Students will be required to engage with written and other documentary material through drafting regular blog posts, commenting on other students’ posts, and a final substantive research paper.

                  Students must take this course, or U.S. Immigration and Nationality Law (LAW 351), prior to or during enrollment in the Immigrant Rights Clinic

                  769

                  Design Law 2
                  • JD SRWP, option
                  • LLM-LE (JD) elective
                  • IntlLLM writing
                  • IntllLLM IP Cert
                  • Spring 23
                  • Spring 24
                  • Research paper, 25+ pages
                  • Research and/or analytical paper(s), 5-10 pages

                  The law regulates the design of almost all of the artefacts that we experience. It establishes intellectual property rights that incentivize the creation of new design and that restrict the ability of other designs from being made. And a host of other legal fields regulate the shape, efficiency, safety, and accessibility of virtually everything around us. Sometimes these different laws work together; while at other times they work at cross purposes. This seminar will explore the various ways in which law regulates design. We will begin with examinations of the intellectual property doctrines that do so, including design and utility patents, copyright, and trade dress. Then we will consider other areas of the law that influence design, including, possibly, tort law, disability law, environmental law, administrative law, and tax law. We will read traditional legal doctrinal materials, including cases, statues, and regulations. And we will also read contemporary scholarship in law, design, and business. Ideally, the course will also include presentations by designers and attorneys in order to give students a richer understanding of the field.

                  Methods of evaluation:  class participation, and either 30-page SRWP or six 4-5-page papers >

                  770

                  Research Methods in Chinese Law and Policy 2
                  • JD elective
                  • LLM-ICL (JD) elective
                  • IntlLLM-SJD-EXC elective
                  • Fall 23
                  • Group project(s)
                  • Practical exercises
                  • Class participation

                  This course intends to cover three modules: researching the Chinese legal system, researching legal and political authorities in China, and specialized law and policy research topics. Students will receive a toolkit to research a wide range of topics on mainland China, covering important resources and tactics in law and policy-related fields at both the general and granular levels. Students interested in learning about the fundamental legal framework and the methodologies and tools available for carrying out theoretical and practical Chinese legal studies may find this course useful. Students will be assessed on the basis of class participation, in-class exercises, homework assignments, and a final project. JD, LLM, and other Graduate or Professional Students at Duke are welcome to take this course. 

                  771

                  Defamation and Invasion of Privacy 3
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM writing
                  • Fall 21
                  • Fall 22
                  • Research paper, 25+ pages
                  • 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.

                   

                  772

                  Biblical and Ancient Near Eastern Law 3
                  • JD SRWP, option
                  • JD elective
                  • LLM-ICL (JD) elective
                  • IntlLLM writing, option
                  • Spring 23
                  • Spring 24
                  • Research paper option, 25+ pages
                  • Research and/or analytical paper(s), 10-15 pages
                  • Oral presentation
                  • Class participation

                  This course will offer an extended exploration of the earliest legal materials known to human history (beginning with the Laws of Ur-Namma) and, arguably, the ancient world’s most important legal materials for the history of law in the Western tradition—namely, the Bible. The course thus provides students with wide exposure to the history of law, indeed its very roots (at least for the Western intellectual tradition), while at the same time affording access to the long and complicated interrelationships of law and religion that are evident already in the ancient world and that continue to the present day, not least (for example) in debates over the Ten Commandments. In these ways, the course should prove helpful and informative, not only in terms of legal history and development, but also in moving toward a better understanding of at least some of the dynamics surrounding religious law and/or religious groups’ and individual adherents’ relationship(s) to law.  Students will be evaluated on class participation, including tracking and presenting on a legal topic (e.g., status, property, family, intention, homicide, etc.) across the semester, and either a series of shorter papers or a longer research paper to satisfy the SRWP.

                  773

                  Research Methods in Business Law 2
                  • JD elective
                  • JD experiential
                  • LLM-LE (JD) elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • Spring 21
                  • Spring 22
                  • Spring 23
                  • Spring 24
                  • Final Exam
                  • Practical exercises
                  • In-class exercise
                  • Class participation

                  This advanced legal research seminar will introduce students to specific sources and strategies for researching a variety of business law topics, such as corporations, securities, and commercial bankruptcy. We will cover key primary and secondary sources for business law research: state and federal cases, statutes, regulations, and other administrative materials; subject-specific secondary sources; company disclosure documents; and sources for factual company and industry research, among others. The course will emphasize research processes, strategies, and evaluation of sources in a changing information environment. Students will develop their research skills through a variety of hands-on exercises simulating research assignments in practice. Grades will be based on review questions, research exercises, class participation, and a take-home final exam.

                  775

                  Corporate Ethics 1
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • Fall 20
                  • Fall 21
                  • Spring 23
                  • Spring 24
                  • In-class exercise
                  • Class participation

                  This course is a one-credit seminar taught in two-hour blocks that focuses on the important role played by the corporate ethics office and its relationship with senior management and the board of directors of a corporation to ensure an ethical corporate culture. As we have learned through a series of corporate scandals starting with Enron and continuing through the events that contributed to the financial crisis of 2008, a review of today’s headlines would suggest that work remains to be done in many organizations to maintain an ethical corporate culture. This course will explore some of the critical factors behind the corporate scandals of the past, changes in the regulatory environment that address various aspects of those scandals, and the structure and scope of responsibility of today’s corporate ethics office as necessary to address these challenges. The course is designed to be highly interactive, and a number of in-class exercises will be assigned to assist students in becoming familiar with some of the dynamics faced by the corporate ethics office. The course will not have an exam.

                  777

                  Deal Skills for the Transactional Lawyer 3
                  • JD elective
                  • JD experiential
                  • LLM-LE (JD) elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • IntlLLM NVE Cert
                  • Spring 21
                  • Spring 22
                  • Simulated Writing, Transactional
                  • Group project(s)
                  • Practical exercises

                  This course is designed to prepare students for transactional law practice by introducing them to the process of structuring, negotiating, documenting and closing a corporate acquisition transaction.

                  The course is highly interactive.  Students will be assigned to “firms” that represent the parties to a hypothetical M&A transaction.  During the term, you will advise your client regarding deal structure, prepare due diligence requests and a due diligence report, draft an acquisition agreement, and negotiate the terms of the deal with counsel for the other party.  The negotiation exercises will take place “live” in class and will be videotaped.  The professor will provide written feedback on drafting assignments and negotiations to help students refine their deal-making skills.

                  Topics covered will include:

                  • Common transaction structures and the factors that affect choice of deal structure
                  • Strategic and tactical approaches to negotiating an M&A transaction
                  • Conducting a due diligence review
                  • How to review contracts and other due diligence documents
                  • Effective drafting techniques for the transactional lawyer
                  • Understanding the “business deal” and translating it into contract language
                  • The role of representations & warranties, covenants, conditions precedent and  other provisions found in the typical acquisition agreement
                  • Preparing for and conducting a closing

                  778

                  Law & Entrepreneurship 2
                  • Fall 20
                  • Fall 21
                  • Fall 22

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

                  779

                  Well-Being, Happiness, and Lawyering 1
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • Spring 21
                  • Spring 22
                  • Spring 23
                  • Spring 24
                  • Reflective Writing
                  • Research and/or analytical paper
                  • Class participation

                  You’ve heard it before: “Don’t be a lawyer. Lawyers are miserable people.”

                  Research has continuously shown that lawyers (and law students) experience depression, overwork, dissatisfaction, substance abuse, and psychological distress more severely and at a rate much higher than that of other high-stress professions. In a real sense, lawyers take on the worries of their clients.  It is possible to be a diligent (or even great) lawyer and still maintain well-being and happiness?

                  In this class, participants will join the growing movement to better define and address that question. Participants will read a survey of the ever-growing theoretical and empirical research on lawyer well-being from both legal academia and positive psychology. In particular, participants will aim to develop a broad perspective of the well-being issues in the legal industry. In doing so, participants will be asked to look for flaws and outliers in the perspective described above – after all, some lawyers are, in fact, happy people. Participants will discuss why that is, and consider whether “happiness” should be an expectation or achievable goal for the average lawyer.

                  Each participant will be asked to imagine a legal industry in which its well-being problems, while likely never solvable, are at least minimized. To that end, in addition to two reflection papers, each participant will be challenged to outline an article, program, idea, or other contribution to thought leadership that will help ameliorate one or more of the legal industry’s well-being problems.

                  Along the way, this work should be beneficial to each participant’s own well-being and development of a functional – and possibly even happy – professional identity.

                  This class is a one-credit, pass-fail seminar that will meet eight times for 90-minute sessions. It is open to 2L, 3L and LLM students, with an enrollment cap of 25.  Reflection papers, project work, and class participation will be required.

                  In Spring 2024, the class will meet January 12, January 26, February 9, February 23, March 22, March 29, April 5, and April 12.

                  781

                  Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3
                  • JD SRWP
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM writing
                  • IntllLLM IP Cert
                  • Fall 20
                  • Spring 23
                  • Fall 23
                  • Reflective Writing
                  • Research paper, 25+ pages
                  • Oral presentation
                  • Class participation

                  This course will begin by exploring the historical structure of incentives in music and the changing economics of music production, including the preconditions for thinking of music as "property" and the gradual shift from patronage to a market-oriented system. It will then proceed to examine music's unusually complex and increasingly fraught relationship with copyright law. The fundamental notions of originality and illicit copying are at odds with both functional limitations and long-standing aesthetic practices in music, such as the long history of accepted borrowing. As a result, there is an unusual body of music-specific case law that features intriguing circuit splits, vigorous disputes about expert testimony and prior art, and specialized doctrinal issues. Students will gain an in-depth knowledge of these issues, and their application in prominent cases involving the songs "Blurred Lines," "Stairway to Heaven," and Katy Perry's "Dark Horse," as well as pending disputes over Lizzo's "Truth Hurts" and "Baby Shark," and then apply this knowledge in a mock trial. The course will also cover the complicated licensing schemes that attach to different uses of music, from traditional revenue streams to fresh disputes regarding royalties for new uses such as ringtones and streaming services. This portion will include a discussion of the new Music Modernization Act. Finally, the class will conclude with an in-depth examination of the ongoing debates about how both the law and business practices might adapt to the new musical forms (such as sampling and remixing) and business models (such as do-it-yourself distribution) enabled by digital technology. Throughout the semester, the course will include a special focus on current and ongoing disputes, issues, scholarship, and proposals.

                  The writing for this course may be used to satisfy the JD Substantial Research and Writing Project Requirement.

                  783

                  Emerging and Challenging Issues in Evidence Law 2
                  • JD SRWP, option
                  • JD elective
                  • IntlLLM writing
                  • PIPS elective
                  • Spring 24
                  • Reflective Writing
                  • Research and/or analytical paper(s), 15-20 pages
                  • Class participation

                  This seminar will focus on the most important and most controversial aspects of evidence law, including new technologies like AI, and electronic/digital evidence. The seminar also explores controversial areas of the evidence rules where change has been called for (sometimes for decades) but has not yet occurred.

                  785

                  Legal Writing in Civil Practice 2
                  • JD elective
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Spring 23
                  • Fall 23
                  • Practical exercises
                  • In-class exercise
                  • Class participation
                  • Other

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

                  786

                  Media Law 2
                  • JD elective
                  • LLM-LE (JD) elective
                  • IntlLLM-SJD-EXC elective
                  • IntllLLM IP Cert
                  • Fall 20
                  • Fall 23
                  • Simulated Writing, Litigation
                  • Class participation

                  Today, thanks to the internet, everyone is a publisher. This class will examine the regulation of communications media, including newspapers, broadcast media, social media, and internet content generally. It will survey the First Amendment principles underpinning protection for speech and address current events and ongoing debates about the media, including “fake news,” blockbuster defamation cases, and social media content moderation. This class will also cover topics specific to the practice of media lawyers, such as pre-publication review, prior restraints on speech, defending subpoenas, reporters’ privilege, and access to information. Students will be assessed on their completion of three written projects.

                  788

                  Legal Writing for Non-Legal Audiences 2
                  • JD elective
                  • Spring 24
                  • Reflective Writing
                  • Project(s)
                  • Class participation

                  Not all legal communications are directed at judges and lawyers. This two-credit seminar course focuses on communicating legal ideas to non-legal audiences with different goals, values, and knowledge bases. Over the 13-week course, students will explore how to counsel clients, engage with industry, manage media relations, and leverage platforms such as social media to communicate legal concepts in a broadly understandable manner. The course combines communication theory with practical workshops, role-playing exercises, guest speakers, and case studies. By the end of the course, students should feel equipped with the comprehensive communication toolkit needed for a modern, dynamic legal practice. Assignments and presentations will be partially based on students' individual areas of interest, and the final grade will rely on a combination of class participation, annotated short written assignments, and a final comprehensive communication strategy for either a lawsuit or legislative proposal.

                  789

                  Writing: Federal Litigation 2
                  • JD elective
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM writing
                  • PIPS elective
                  • Fall 20
                  • Fall 21
                  • Fall 22
                  • Simulated Writing, Litigation
                  • Reflective Writing
                  • Oral presentation
                  • Practical exercises
                  • In-class exercise
                  • Class participation

                  This writing and experiential course will provide students with the opportunity to practice several different types of persuasive writing used in federal litigation. The students will work on a hypothetical case involving an employment discrimination matter. The students will follow the case from the administrative agency level, to the filing of a complaint in federal court, through the discovery process, and culminating in the filing and arguing of a motion for summary judgment. In addition to writing, the students will have the opportunity to interview a client and a witness and to practice their oral advocacy skills in a mock meeting with a partner and a mock hearing. This course will be useful for anyone interested in practicing in federal court and/or pursuing a federal clerkship at the trial court level.

                  790

                  Legal Scholarship Seminar 1-2
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • Spring 24

                  The course will take the place of the Student Scholarship Workshop of past years, which did not offer academic credit, and is intended for students potentially interested in careers in academia and/or in publishing work in a scholarly publication. 

                  Legal scholars spend a great deal of time writing and presenting, and this course will allow students to develop both of these skills.  On the writing front, this workshop will help demonstrate the differences between writing as a law student and writing as a legal scholar and will aid students in making this transition.  Students taking the course for two credits will be able to work on writing projects with the goal of developing a publishable piece of writing.   On the presenting front, students will participate in scholarly workshop presentations as both members of the audience (both one- and two-credit options)—who are providing comments and feedback—and as presenters themselves (the two-credit option).  Legal scholars present their work, because the writing process—which can sometimes be perceived as a solitary endeavor—is a collaborative process. 

                  Application information: 
                  Students must apply to participate in this course during the registration process.  The application should include a paragraph that addresses the following:

                  • Are you a 2L, 3L, LLM or SJD student?
                  • Are you hoping to take this class for one or two credits?
                  • If you are interested in taking the course for one credit, please share the basis of your interest in learning more about legal scholarship. 
                  • If you are interested in taking the class for two credits, in addition to sharing your interest in learning more about legal scholarship, please indicate whether you be revising an existing writing project or writing a new project?
                    • If you are revising an existing draft, please include a copy of that draft.  Please include a description of how you hope to revise the piece.
                    • If you are going to write a new project, please provide an outline of the project which includes: (i) the research problem, (ii) the proposed thesis, (iii) a rough outline of the paper.
                    • Please indicate if you are going to be using this project as your Substantial Research and Writing Project.  Note, that only new writing projects may exercise this option.
                    • Please recommend two faculty members at Duke Law to invite to your presentation.  Ideally, these individuals will be in the scholarly area of your project.

                  791

                  Judicial Writing 2
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM writing
                  • Spring 21
                  • Spring 22
                  • Spring 23
                  • Spring 24
                  • Simulated Writing, Litigation
                  • Reflective Writing
                  • Oral presentation
                  • In-class exercise
                  • Class participation

                  This course is intended to appeal to any student who seeks a judicial clerkship or aspires to be a judge, or who simply wants to learn more about how and why judges write judicial opinions. Students will consider the complexities of being on the bench, including judges' relationships with the public, with lawyers, with other judges, and with their clerks. The students will try their hands at formats and styles unique to clerking or judging, including a bench brief, an analytic paper, and an appellate-court opinion.

                  794

                  Slavery and the Law 2
                  • JD SRWP with add-on credit
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • PIPS elective
                  • Spring 23
                  • Reflective Writing
                  • Research and/or analytical paper(s), 10-15 pages
                  • Oral presentation
                  • Class participation

                  The laws of slavery defined property in people, governed the relations between slaveholders and the enslaved and between the enslaved and non-slaveholders, and codified the conditions under which enslaved people could live, be manumitted, or become free.  This seminar is concerned with how the law created, addressed, and sustained the category of “slave,” how the courts interpreted the laws of slavery, and how the status of slave was determined in everyday social life. It looks at the structures and practices of law that codified the ownership of property in human beings, their evolution across time and space, the interaction of law, slavery and race, specifically the production of racial slavery. It examines how enslaved and free black people interacted with the law, including initiatives by enslaved people to secure freedom and citizenship rights in the courts.  The course emphasizes close readings of primary documents—including congressional and state legislation, trial transcripts, appellate opinions, treatises, and codes—and books and journal articles by legal scholars and historians. Beginning with the adoption of slavery in the 16th century Atlantic world, it traces slavery’s evolution on the North American continent and concludes with the adoption of the 13th Amendment to the Constitution.

                  794W

                  Slavery and the Law/Writing Credit 1
                  • JD SRWP
                  • JD elective
                  • IntlLLM-SJD-EXC elective
                  • Spring 23
                  • Research paper, 25+ pages

                  Students enrolled in Law 794 Slavery and the Law, 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.*

                  800

                  Basics of Accounting 0.5
                  • JD experiential
                  • IntlLLM Business Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Students will learn the basic skills involved in commercial accounting: how to read a balance sheet, how to classify debts and assets, etc. The course will include budgeting and accounting exercises designed to simulate real business scenarios.

                  809

                  Litigation Strategy in the Corporate Context 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • Wintersession

                  Students will explore the role of the litigator in advising corporate colleagues and clients concerning the risks and benefits with pursuing a claim, including identifying the gateway and substantive issues, the most cost-effective approaches, and client business interests and goals. After reviewing a mock purchase agreement that ended in a dispute, students will be divided into two groups—one representing the buyer, the other the seller—and analyze the strengths and weaknesses of their respective clients’ positions and propose a strategy, including the likelihood of success and potential recovery, to “the client.”Students will explore the role of the litigator in advising corporate colleagues and clients concerning the risks and benefits with pursuing a claim, including identifying the gateway and substantive issues, the most cost-effective approaches, and client business interests and goals. After reviewing a mock purchase agreement that ended in a dispute, students will be divided into two groups—one representing the buyer, the other the seller—and analyze the strengths and weaknesses of their respective clients’ positions and propose a strategy, including the likelihood of success and potential recovery, to “the client.”

                  814

                  Basics for the Finance Lawyer 0.5
                  • JD experiential
                  • IntlLLM Business Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will serve as a practical introduction to the practice of law and concepts related to a general commercial finance transaction.  Students will engage in an article-by-article review of a sample loan agreement and hypothetical proposed transaction, thereby becoming familiar with the underlying concepts, the relevant business considerations and the types/structure of relevant documents, the interplay of contract provisions across an entire deal, and the underlying legal framework.

                  815

                  Advising a Distressed Enterprise and Its Stakeholders 0.5
                  • JD experiential
                  • IntlLLM Business Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will provide students with a practical understanding of the role of outside counsel to key stakeholders in complex, high-stakes, and fast-paced business reorganizations and liquidations – including distressed companies and their boards, secured and unsecured creditors, and distressed investors/asset purchasers.  Discussion topics include (i) advising the Board of Directors of a distressed company during periods of significant uncertainty and risk, including as to fiduciary responsibilities; (ii) out-of-court and in-court restructuring alternatives, techniques, and pitfalls; (iii) preparation, commencement, and administration of a case under chapter 11 of the Bankruptcy Code; (iv) “hot button” issues in chapter 11; and (v) cross-border restructurings.

                  816

                  Counseling & Creating a New Entity 0.5
                  • JD experiential
                  • IntlLLM Business Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Meet your new client—StryveTek.  StryveTek is an innovative start-up looking to form a legal entity and get started pursuing the dreams of its founders.  They’ve come to you for help.  Where do you go from here?  Students in Counseling & Creating a New Entity will learn to counsel a new entity from the initial phone call to the preparation of organizational documents.  Discussion will cover the variety of legal entities available for business, social enterprise, and philanthropic purposes—corporations, LLCs, and nonprofit corporations—and the several legal disciplines involved in the formation of an entity (e.g., corporate, tax, and securities law).  Students will work with real document forms to learn how to get StryveTek up and running!

                  820

                  Deposition Practice 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Students will learn the basic nuts and bolts of taking and defending depositions: how to prepare for a deposition, how to formulate effective questions, what objections to raise and when, how to handle difficult witnesses and counsel, etc.  Students will also learn how deposition strategy directly impacted the outcome of actual trials handled by Mr. Katz.  Active student participation is encouraged.

                  822

                  Hearings Practice 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Students will consider strategies both for when to draft/offer motions in an ongoing litigation matter, and how best to draft and argue such motions in a hearing before a judge. During the course, students will participate in practical mock hearing exercises, with the opportunity for direct feedback on arguments and styles.

                  825

                  Practice and Strategic Development of International Transactions: Investment in Latin America 1
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • Wintersession

                  This course explores the fundamental issues, strategic considerations, and principles inherent in transnational business transactions in Latin America and the role of the international attorney in structuring and implementing such transactions. Class time is devoted to a case study of a merger and acquisition transaction involving the purchase of a Brazilian entity by a US multinational corporation. The process of constructing an "international deal" is analyzed step by step, exploring all phases of the venture. Focus is given to recognizing and anticipating potential areas of conflict and evaluating the appropriate and legally viable measures available to address these issues.

                  831

                  In House Legal Practice 0.5
                  • JD experiential
                  • IntlLLM Business Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Students in this course will (i) explore the role of in-house counsel as counsel and in-house counsel as a member of a larger commercial organization (publicly-traded company, large division of a publicly-traded company, large family-owned private company), (ii) gain an understanding of the skills that make counsel, but especially in-house counsel, effective, and (iii) apply these skills during a team assignment which will result in a presentation to “the client.” The focus of the course will be almost exclusively on the effective delivery of situation-relevant legal guidance within an organization versus examining the intricacies of a specific area of law. In the process students will be exposed to issues commonly encountered by in-house counsel, from determining who the client is to the organizational dynamics of providing legal guidance.

                  832

                  Internal Investigations 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  In the modern corporate world, the discovery of potential criminal misconduct generates a whirlwind of activity and grave risk to the company and its senior management. This can begin with the decision whether to make a voluntary disclosure to the Justice Department, followed in many instances by an internal corporate investigation by outside counsel. The internal investigation may be followed by, or even conducted in parallel with, a federal grand jury investigation which presents an even more serious threat. This course presents the legal, ethical, and practical problems facing counsel who represent corporations in the conduct of internal investigations and the defense of federal criminal investigations.

                  837

                  Legal and Policy Aspects of U.S. Civil-Military Relations 0.5
                  • IntlLLM-SJD-EXC elective
                  • PIPS elective
                  • Wintersession

                  The seminar will address the Constitutional and statutory structure of U.S. civil-military relations, as well as contemporary issues relating to the role of the armed forces in policy debates, politics, and social issues.  In addition, it will examine case studies that illustrate the tensions that can arise between the armed forces and the civilian leadership in a variety of circumstances.  Methodologies and approaches for ensuring productive civil-military relations will also be discussed.

                  844

                  The Counselor and the Client: The Corporate Context 0.5
                  • Wintersession

                  This six-hour course, taught over three sessions, is designed to introduce first-year JD students to the commercial, regulatory and institutional environment of contemporary business transactions, and the role of attorneys in advising and facilitating those transactions. Students will gain an understanding of the mechanisms, processes and personalities that accompany everyday commercial transactions and will be acquainted with the vocabulary used in business and other organizations. The purpose of the course is to provide a greater understanding of the business context in which lawyers function.  The course is intended for all students whatever their ultimate focus and is not designed particularly for students who intend to practice corporate law.

                  846

                  Compliance with the Foreign Corrupt Practices Act (FCPA) 0.5
                  • JD experiential
                  • IntlLLM Business Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will explore some of the main legal and practical issues surrounding compliance with the Foreign Corrupt Practices Act (FCPA). Drawing on recent judicial decisions, Deferred Prosecution Agreements, and the DOJ’s and SEC’s Resource Guide, students will explore topics that include: Who is a “foreign official;” what is “corrupt intent;” what constitutes a “reasonable and a bon fide expense;” when does the exception for facilitation payments apply; and what is the knowledge requirement for third parties.  The course will offer practice-oriented exercises to introduce the nuts and bolts of FPCA compliance practice, including on conducting due diligence and performing risks assessments. Students will also discuss when to voluntarily disclose a potential wrongdoing, when to turn to outside counsel for third-party evaluation and when to keep investigations internal.

                  848

                  Insurance Law 0.5
                  • IntlLLM Business Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Students will become familiar with basic issues and concepts of insurance and insurance coverage.  Insurance is a trillion dollar per year industry and impacts in numerous ways on a broad range of commercial and litigation practices.  Assignments and practical discussion items will include key concepts in identifying relevant insurance, understanding insurance policies and the role of insurance in litigation and key areas of commercial transactions such as tax and the interplay of warranties, indemnities and insurance in M&A transactions.

                  850

                  Client Representation: An Immigration Case Study 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will provide students with a concise, practical walk-through of how to represent a client seeking asylum in the United States in the different stages of the U.S. immigration process.  More than 400,000 cases are currently pending in Immigration Courts around the country, all of which could be appealed to the Board of Immigration Appeals and then a U.S. Court of Appeal; many present issues of asylum and protection under the Convention Against Torture.  In a simulation of an actual case, including developing strategy, preparing and examining witnesses, and presenting arguments, students will be assigned roles as counsel for the refugee client; as counsel for the government; as witnesses; or as either an immigration judge or appellate judge.

                  853

                  The Way It All Works: Investing, Negotiating, and Operating in the Real World 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Taught from the perspective of a private equity investor, CEO, and law school graduate, this course will provide students the “big picture” of how the universe of pension funds, endowments, limited partners, general partners, and other investors is interwoven, how money is organized, and how lawyers, accountants, and other consultants and advisors fit into the process of raising capital, selling a company, and conducting due diligence.  Students will explore concepts such as valuation (assets vs. enterprise valuation), EBITDA, allocation of risk, hurdle rates, basic financial statement analysis, and other investment-related topics, with a focus on real-world insights into how these principles work in practice.  Through a simulated deal, students will determine the price they want to pay for a hypothetical company and how best to quarterback the documentation to ensure the contract reflects the negotiated value.

                  855

                  Data Breach Response and Cybersecurity Due Diligence 0.5
                  • JD experiential
                  • IntllLLM IP Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course teaches students how to manage successfully the critical workflow of a data breach response and a cybersecurity due diligence effort, rapidly becoming a critical factor of the decision-making calculus for a corporation contemplating a merger, acquisition, asset purchase, or other business combination; an organization taking on a new vendor, partner, or other alliance; or a private equity firm purchasing a new portfolio company.  The attorney’s role during any due diligence process is key, especially during cybersecurity due diligence, when any problem can put a transaction at risk.

                  856

                  Investor-State Relations: An Arbitration Case Study 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • Wintersession

                  This course will introduce students to current controversies in international commercial and investment-treaty arbitration. Students will develop advocacy skills used by practitioners to resolve international disputes--and to shape the future of these global institutions.

                  857

                  Government Lawyering in Crisis 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will examine the role of lawyers in the government, especially in time of crisis, the skills developed, and the usefulness of those skills for a lawyer who later enters the private sector. We will focus on the work of the White House Counsel, the US Department of Justice, other Executive Branch counsel, Congressional lawyers, and the role of private sector lawyers. We will study the interaction of law, policy, and politics in a government job, including topics such as attorney-client privilege, executive privilege, ethics, the role of the media, and “the people’s right to know.” Students will engage in case studies based upon a hypothetical government crisis, and learn through class discussion and practical exercises how lawyers inform government decision-making, and what skill sets are required in dealing with a crisis. We will also discuss the transferability of those lawyering skills to counseling clients in the private sector.

                  858

                  Obtaining and Disclosing Electronic Evidence in Criminal Investigations 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  In today’s digital environment, the collection of electronic data has become one of the principal evidence collection tools used by law enforcement. Prosecutors and investigating agents rely heavily on assistance from corporations, particularly in the technology sector, to identify and gather electronic evidence. The sheer volume of data and law enforcement requests places burdens on companies as they seek to comply with law enforcement while protecting their business interests and the rights of their consumers. These burdens are compounded by the fact that applicable statutes have not kept pace with technology. This course will provide students with an overview of electronic evidence collection and allow them to work through some of the contemporary challenges facing both prosecutors and corporate counsel.

                  859

                  Current Problems in Antitrust Litigation 0.5
                  • IntlLLM-SJD-EXC elective
                  • IntlLLM Business Cert
                  • IntllLLM IP Cert
                  • Wintersession

                  This course will explore, and bring together, several strands of reasoning in antitrust law and litigation: First, students will examine how antitrust law relies on broad principles whose formulation and maturation is developed inductively through common law techniques. Put more simply, antitrust doctrine is made through specific cases, i.e., the law comes litigation, it is not made by Congress or an agency promulgating regulations.  Second, students will appreciate antitrust law’s elasticity which balances broad principles being applied to different industries whose economics may be very different. Third, students will understand why some of the greatest lawyers in the last century—Louis Brandeis (a famous antitrust plaintiffs’ lawyer), David Boies, John Paul Stevens, Patrick Lynch, and others—were antitrust lawyers:  their abilities combined legal and factual rigor with creativity.  Students will explore these strands by discussing five “problems” in antitrust litigation:  (1) class certification (including the critical concepts of proving “classide” impact with “common” proof under Fed. R. Civ. P. 23(b)(3)); (2) making economic testimony understandable and persuasive; (3) antitrust in an era of standard essential patents (how do we apply antitrust principles to standard setting?); (4) the Foreign Trade Antitrust Improvements Act and Extraterritoriality; and (5) “Neo-Brandeisian”, a/k/a ‘hipster’ antitrust: Facebook, Google, Amazon and Apple.

                  860

                  Advising Clients on Use of Trademarks and Copyrighted Material 0.5
                  • JD experiential
                  • IntllLLM IP Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will focus on the practical application of trademark and copyright law. Using examples from actual disputes, we will discuss how to advise clients who present with questions about whether they can use a particular trademark or copyrighted work. The first phase of this course will focus on trademark and specifically likelihood of confusion and infringement analysis. After a brief overview of trademark law, we will divide into groups to discuss various real-life trademark disputes and develop a plan of advice and strategy for the client in those particular scenarios. The second phase of the course will focus on fair use in copyright infringement. Similar to trademark, we will start with a short introduction to copyright and the fair use analysis, followed by group break-out discussions about certain real world examples and whether the proposed use is a fair use.

                  862

                  All About The Benefits: An Introduction to ERISA and Employee Benefits 0.5
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Employee benefits (e.g., pension, health & welfare, and disability plans) are significant balance sheet issues for companies and governments alike. This course will provide an introduction to the broad and deep federal statute that governs such issues (ERISA) and explore recent significant events in the field, such as the City of Detroit bankruptcy, the impact of the legalization of same-sex marriage on benefit plans, and pension de-risking transactions.

                  863

                  Life or Death: The Decision-Making Process in a Death Penalty Case 0.5
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Students will follow how a major state attorney’s office handled death penalty eligible cases from the initial crime scene visit through the conclusion of the case. The course will use a specific case study – the 2009 Thanksgiving Day murders of four family members in Jupiter, Florida – to examine how charging decisions were made, including the legal criteria and other case-related issues. One of the exercises may include having students conduct a mock capital case review in a homicide case. The course also will discuss legislative and executive actions that influence how a prosecutor makes the decision to charge and/or resolve a capital case (including, as an example, the current and very public conflict between the Florida Governor and the State Attorney for the Ninth Circuit in Florida). Finally, the course examines the evolving law relating to jury and judicial decision-making in death penalty cases.

                  864

                  Lawyer as International Development Professional 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will examine what it means to be a government lawyer working in international development, and provide a practical introduction to the role of attorneys in US development policy and programming. Students will gain an understanding of the global development ecosystem as well as explore specific issues of interest to US governmental actors through presentations, group exercises, and simulations.

                  865

                  Designing Creative Legal Solutions 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Can the law of tomorrow be better than the law of today? Good lawyers help their clients navigate risk. Great lawyers are creative problem solvers who tackle increasingly complex challenges faced by their clients and their communities. In this course, we’ll attack seemingly intractable legal problems to develop real, creative solutions. We are partnering with other law schools to tackle the issue of human trafficking, which we’ll explore from various stakeholder perspectives. We’ll build upon the design approach of IDEO, a global innovation firm committed to creating disproportionate impact through design, and—along with various community stakeholders—apply their basic approach to pressing legal challenges. Our goals will be to walk away with templates for real creative solutions for our community and real creative mindsets for ourselves.

                  866

                  Legal Issues in Media: Case Studies in News and Documentary Production 0.5
                  • IntllLLM IP Cert
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will introduce students to the wide range of legal issues handled by media lawyers, using two different models: the making of a documentary film (i.e., a long term project), and production of a nightly news show (a more fast-paced, deadline-driven endeavor). Students will learn basic principles and how to avoid common pitfalls. The course will also examine the risk management role of in-house counsel when dealing with grey areas.

                  867

                  Leadership and Communication in the Law 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • IntllLLM IP Cert
                  • Wintersession

                  The practice of law functions through teamwork. To be successful and effective in this environment, a lawyer must be able to communicate, collaborate, and lead within her organization. Her success depends on the willingness of others to work with her, work for her, and mentor her. This course recognizes the importance of these internal relationships and aims to prepare students for the communication, teamwork, and leadership required of young practitioners. Through a combination of theory, case studies, and group exercises, students in this course will begin to develop (1) an understanding of their own communication and leadership styles and skills; (2) an understanding of the communication and leadership styles of others; (3) skills to identify how and when to manage up, manage down, and collaborate within a team; (4) skills to effectively manage and work with teams; and (5) best practices for navigating difficult conversations and team dynamics.

                  868

                  Commercial Real Estate Transactions and Litigation: A Primer 0.5
                  • IntlLLM-SJD-EXC elective
                  • IntllLLM IP Cert
                  • Wintersession

                  Commercial real estate transactions and the litigation they spawn have historically been strong indicators of existing and future market performance.  Whether practicing in the depths of an economic recession or advising clients at the peak of a market cycle, successful real estate attorneys must be adept not only at recognizing legal issues, but also at identifying key business concerns and the related pitfalls their clients are likely to face.  This course will introduce students to the core types of real estate transactions practicing attorneys are likely to encounter, with a particular focus on how certain issues and relationships common in real estate transactions often lead to disputes and litigation.  Real world case studies, as well as select break-out discussion sessions, will be utilized to identify and reinforce key business considerations and transactional/litigation strategy.

                  869

                  Negotiating Domestic Violence Policies and Gender Inequality Reform in Professional Sports 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • IntllLLM IP Cert
                  • Wintersession

                  This course will provide students with the opportunity to study two critical issues facing professional sports leagues and sports governing bodies: (i) inadequate domestic violence policies and (ii) gender inequality in respect of pay, working conditions and employment opportunities (i.e., coaching, scouting, league front office employment and team front office employment).  At the conclusion of the first class, students will participate in a mock collective bargaining session, where they will negotiate domestic violence policies that improve upon the current policies in effect today. The second class will build upon the first, by having students examine barriers women have faced in the sports industry in terms of employment opportunities, adverse working conditions and pay parity with men. After doing a case study on the NFL and its sponsors’ diversity and inclusion efforts, students divide into teams to provide recommendations for improvement among different sports.

                  870

                  Artificial Intelligence: Navigating the Evolving Legal Landscape to Capitalize on Opportunities and Mitigate Risk 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will focus on the many emerging legal issues arising in connection with artificial intelligence (AI), including with respect to AI ethics/trustworthiness, intellectual property and data.  In addition to discussing the state of the law and the ongoing policy debates, students will consider strategies that stakeholders may employ to mitigate risk while still enabling society to benefit from the opportunities presented by the technology. Tuesday and Wednesday, 2-5 pm, enrollment of 30 students

                  871

                  Professional Communication for Lawyers 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  Students will discuss and practice different types of communication used in legal practice including 1) letter writing 2) e-mails 3) phone calls and 4) in-person meetings.  The course will explore how to determine the appropriate mode of communication and how to improve your skills.

                  872

                  CFIUS and Cross-Border Mergers & Acquisitions 0.5
                  • JD experiential
                  • IntlLLM-SJD-EXC elective
                  • Wintersession

                  This course will examine, from a practitioner’s perspective, the evolving history of the Committee on Foreign Investment in the United States (CFIUS), and its functions, procedures, and expanded jurisdictions under the new FIRRMA legislation. For cross-border M&A attorneys, CFIUS has posed new challenges at the deal-structuring stage. Students will examine a few recent CFIUS cases involving buyers from Asia, and how deal lawyers can add “value” to the deal-making process by helping their clients navigate the CFIUS regime. The course will conclude with a few open-ended questions surrounding the constitutionality of the CFIUS regime and the justification of its extra-territoriality.

                  873

                  Prosecutorial Ethics 0.5
                  • JD experiential
                  • Wintersession

                  Justice Robert Jackson once observed that “[t]he prosecutor has more control over life, liberty, and reputation than any other person in America.” This course will examine the ethical obligations that accompany that influence. We will consider the prosecutor’s broad discretion at each stage of the criminal process, from the initiation of an investigation through trial and sentencing. We will examine the kinds of decisions that can lead to misconduct and consider how such misconduct might be remedied or deterred. We will also consider to what extent a prosecutor’s decisions are influenced by the interests of other parties (e.g., victims, investigating agents, the public) and what it means for a prosecutor to “seek justice.” Real-world case studies and simulations will be employed.

                  Course Credits

                  Semester

                  JD Course of Study

                  JD/LLM in International & Comparative Law

                  JD/LLM in Law & Entrepreneurship

                  International LLM - 1 year

                  Certificate in Public interest and Public Service Law

                  Areas of Study & Practice