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

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
  • 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.

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
  • 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 with limited or no familiarity with international law to principles involved in jus ad bellum, that is, when states can resort to the use of force during periods of putative peace. It will explore, for example, what circumstances constitute an “act of war” in variety of situations.

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 weaponry will be explored.

Case studies and current news events, including some related to the conflict in Ukraine, will be examined in conjunction with the covered issues. In addition, students will get an overview of the practical issues associated with the use of force, to include the weaponry, planning, and military techniques involved.

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.

You are not require to purchase any books for this course, because they are available for free online from the Duke Law Library. A key book for this course is entitled The Use of Force in International Law: A Case-Based Approach (2018). You will not be required to read this entire book (it’s 960 pages!). Additionally, we will use parts of Regulating the Use of Force in International Law (2021; Necessity and Proportionality and the Right of Self-Defence in International Law (2021) and The Future Law of Armed Conflict (2022) (available online July 2022).

There is no examination, but a 20-page paper (constituting 60% of the grade) is required on a topic chosen by the student and approved by the instructor. With instructor approval, the course paper may fulfill the Substantial Research and Writing Project (SRWP) or other writing requirements provided it is at least 30 pages in length and otherwise complies with SRWP requirements. The remainder of the grade (40%) is based on the quality and frequency of class participation, and may require the preparation of short presentations, and response papers.

231

Ethics in Action: Large Firm Practice 2
  • JD elective
  • JD ethics
  • LLM-LE (JD) elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Simulated Writing, Transactional
  • 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 keen analytical, litigation, and transactional drafting skills. This course will offer an opportunity to practice those skills while gaining a background in the law governing lawyers. Students will participate in a two-credit, experiential seminar that can be used for either ethics or experiential credit.

Students will gain a background in the ABA Model Rules (and state variants) by analyzing and resolving simulated ethical inquiries that might be received by the general counsel’s office of a large firm and presenting their proposed resolution in class. In addition, students working in teams will tackle a more complex, multi-issue inquiry that will require deeper research and a written memorandum that will be revised in response to feedback. The course will conclude with a transactional drafting exercise such as an engagement letter and fee agreement involving client intake issues.

237

Ethics of Social Justice Lawyering 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Spring 22
  • Spring 23
  • 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
  • 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.

    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
    • 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 for the coming semester, 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.

    298

    Ocean and Coastal Law and Policy 2
    • 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
    • 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.

    317

    Criminal Justice Ethics 2
    • JD elective
    • JD ethics
    • IntlLLM NY Bar
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    • Spring 21
    • Fall 21
    • Fall 22
    • 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.

    368

    Natural Resources Law and Policy 2
    • JD SRWP, option
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • IntlLLM Environ Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • 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.

    421

    Pre-Trial Litigation 2
    • JD elective
    • JD experiential
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • 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.

    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.

    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.

     

    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

      Introduction to Alternative Dispute Resolution 2
      • JD elective
      • JD experiential
      • IntlLLM NY Bar
      • IntlLLM/SJD/EXC elective
      • Fall 21
      • Fall 22
      • 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 2
      • JD elective
      • JD experiential
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Fall 21
      • Fall 22
      • 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).  Federal defenders, along with the more than 12,000 private ‘panel attorneys’ appointed under the Criminal Justice Act, represent the vast majority of individuals who are prosecuted in federal court. 

      Representing indigent defendants as appointed counsel involves handling some of the most difficult cases in federal court. Being a skillful advocate in the role of a true underdog facing the power and limitless resources of the United States of America demands an approach to law practice that is relentless, a commitment to thinking outside the box, extensive knowledge of complex federal criminal laws and procedure, sharp research skills, and deep empathy for individuals who would not have a voice in the system without their counsel. 

      This skills-based simulation course focuses on writing as an advocate for the accused and developing foundational practical skills and substantive legal knowledge needed to prepare a strong defense. The course focuses on the real cases of several indigent defendants convicted of federal crimes and is structured around preparing a direct appeal from the viewpoint of a solo practicing attorney appointed at the direct appeal stage. Each student will work on preparing one defendant’s case throughout the semester. By looking at cases of several defendants, we will be able to recognize common themes that play out over and over again in the lives of many indigent defendants, caused by poverty and systemic discrimination. Substantive areas of focus will include challenging the guilty plea and sentence, overcoming waivers and unpreserved errors, common Fourth Amendment concerns arising from police searches and seizures, the government’s bread and butter charges in indigent cases: guns and drugs, and the U.S. Sentencing Guidelines Manual. The course will also necessarily consider the intersection of race, poverty, and systemic discrimination in our system of justice.

      This course involves working with advanced federal criminal law topics.  It is strongly recommended that students have taken at least one upper-year course in federal criminal law, procedure, or practice.

      510

      Legal Interviewing & Counseling 2
      • JD elective
      • JD experiential
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Fall 20
      • Fall 21
      • Fall 22
      • 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. 

      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
      • 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.

      519

      Contract Drafting 2
      • JD elective
      • JD experiential
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Fall 20
      • Spring 21
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • 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.

      533

      Government Enforcement and Global Corporate Compliance 2
      • JD elective
      • JD experiential
      • LLM-ICL (JD) elective
      • IntlLLM/SJD/EXC elective
      • Fall 21
      • Fall 22
      • 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.

      538

      Transitional Justice 2
      • JD SRWP, option
      • JD elective
      • LLM-ICL (JD) elective
      • LLM-ICL (JD) writing, option
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing, option
      • PIPS elective
      • Fall 22
      • 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.

      549

      Corporate Counseling and Communication 2
      • JD elective
      • JD experiential
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • 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/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, option
      • 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.

      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
      • 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.

      556

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

      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.

      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
      • 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. 

       

      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, option
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • 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

      581

      FinTech Law and Policy 2
      • JD SRWP, option
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing, option
      • IntlLLM Business Cert
      • Fall 20
      • Spring 22
      • 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.

      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
      • 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. 

      741

      Climate Change and Financial Markets 2
      • JD SRWP, option
      • JD elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing, option
      • IntlLLM Environ Cert
      • IntlLLM Business Cert
      • Spring 22
      • Spring 23
      • 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.

      767

      Advanced Legal Research 2
      • JD elective
      • JD experiential
      • IntlLLM/SJD/EXC elective
      • Spring 22
      • Spring 23
      • Practical exercises
      • Class participation

      This course aims to prepare law students for research in practice and clerkships. The goal is to help students develop solid skills and knowledge to conduct cost-effective legal research in domestic, foreign, and international law. The primary focus of the class is on U.S. legal research, including advanced case and docket research, statutory research, regulatory research, and research on specialized topics such as legislative history, municipal law, court rules, litigation resources, and securities law. We will also cover basic resources and strategies for conducting international and foreign legal research. Grading is based on homework assignments, in-class exercises, and class participation.

      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
      • 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.

      789

      Writing: Federal Litigation 2
      • JD elective
      • JD experiential
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing, option
      • 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.

      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