Course Browser

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

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

 

Credits
Semester
JD Course of Study
JD/LLM in International & Comparative Law
JD/LLM in Law & Entrepreneurship
International LLM - 1 year
LLM in Law & Entrepreneurship - 1 year
Certificate in Public interest and Public Service Law
 
Clear all filters75 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

315

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

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

324

Corporate Restructuring 3
  • JD - general credits
  • JD - experiential learning
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  1. Fall 16
  2. Spring 17
  3. Spring 18
  4. Spring 19
  • Group project
  • Practical exercises
  • Class participation

This 3 credit course is designed to expose law and business students to the methods and theories that underlie corporate restructuring transactions. The course emphasizes the business strategies and valuation techniques that drive corporate transactions, while also illustrating the role of the law in such transactions. The coursework is practical, with each law student working with a group of MBA students to complete case-oriented assignments. Ideally, the law students learn from the business students and vice versa. In most years, student evaluation is based on these collaborative written assignments and class participation, and no final exam is required. (Check with the instructor for assignment details in any given year).

The course begins with an overview of the structure of the large-scale, public corporation, the conflicts of interest that exist between managers and stockholders, and the market forces and regulations designed to resolve such conflicts. Analytical techniques for valuing particular transactions will be discussed. Specific types of transactions will be examined, including, but not limited to mergers, acquisitions, tender offers, LBOs, divestitures, liquidations and reorganizations. In most cases, both financial and legal implications will be explored. Guest speakers help enhance the practical, real world perspective of the class.

Business Associations is required for all law students. Other corporate law courses such as Securities Regulation and Law of Corporate Finance can be helpful but not required. Some prior exposure to the principles of finance is strongly recommended. Please note that this course meets on the Fuqua half-semester schedule, which begins in mid March and ends in late April.
 

400

Health Justice Clinic 4-6
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Journal
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This course is an in-house legal clinic in which students provide legal representation for persons with HIV/AIDS, cancer, and other serious health conditions. Under the close supervision of clinical instructors, students represent clients in cases that are related to the client's health condition, including: estate planning (wills, living wills, health care powers of attorney, powers of attorney); government benefits (Medicaid, Medicare, Social Security Disability); permanency planning for children; health and disability insurance; guardianship; health-related discrimination in employment, housing and public accommodations; health information privacy; and other civil cases related to health. Students are certified under North Carolina's Student Practice Rules.

Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, and health disparities and stigma. Students also meet individually with clinic instructors each week. Each student carries an individual case load and is required to meet a minimum hours requirement. The course is offered for 4, 5, or 6 credits, with hour requirements of 100, 125, and 150 respectively.

AIDS and the Law is recommended, but not required for enrollment in the clinic. This clinic is offered each semester. Students must be at least in their second semester, second year to take this clinic, because of the requirements of the Student Practice Rules.

Clinics Enrollment Policy

Important:

  • Students are required to attend the day-long clinic intensive training session.  Students who have previously completed a clinic may skip the morning portion 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.
  • Course website
  • ** Variable Credits 4-6 **

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. The following ethics classes meet the requirement: 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).

Enrollment Pre/co-requisite

Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

401

Advanced Health Justice Clinic
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • 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.

402

HIV / AIDS Policy Clinic 3
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Spring 17
  2. Fall 17
  3. Spring 18
  4. Fall 18
  5. Spring 19
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Group project
  • Class participation

Students in this clinic will focus on policy work rather than direct client representation. Students will work on policy initiatives aimed at increasing access to quality, comprehensive health care for low-income individuals living with chronic illnesses like HIV/AIDS. The policy work will focus on barriers to access to care and prevention, including implementation of health care reform in North Carolina, funding disparities throughout the Southern US, HIV-related stigma, criminalization of HIV, and access to HIV medications.. Students will work to inform policy recommendations and advocacy strategies at the national, regional, state and county levels in executive, legislative and regulatory arenas. Over the course of a semester, students can expect to accumulate a wealth of hands-on experience in current and emerging health policy issues on the state and federal level. Students will conduct legal and fact-based research to inform policy recommendations, produce in-depth reports, comment letters, presentations to policy makers, and draft legislation or regulatory guidance. Each student will focus on particular policy project(s) and will be required to spend a minimum of 100 hours on their clinic project(s). We will have regular group meetings with students and clinic faculty throughout the semester.

Clinics Enrollment Policy

IMPORTANT:
Instructor permission is required for enrollment in the AIDS Policy Clinic. This course may not be dropped after the first class meeting.

Instructor Permission Required for Enrollment
To enroll in the Clinic, you must have successfully completed at least two semesters of Law School and have instructor permission. It is helpful to have had experience working on HIV/AIDS or other health health policy or related issues, or to have taken AIDS and the Law and/or the AIDS Legal Assistance Project.

404

Advanced HIV/AIDS Policy Clinic
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Spring 18
  2. Spring 19
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Group project
  • Class participation

This clinic provides an opportunity for students who want to do advanced work after completing the HIV/AIDS Policy Clinic. Variable Credit.

405

Appellate Practice 3
  • JD - general credits
  • JD - experiential learning
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Spring 18
  4. Fall 18
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

The course introduces students to the practice of appellate advocacy and the appellate process. Students learn about the rules of appellate procedure and strategies for effective appellate advocacy while refining their legal writing and oral advocacy skills. The central project entails researching and writing an appellate brief (for appellants, an opening and a reply brief) and presenting an oral argument. The entire class will be assigned the same case. Half the class will be assigned to represent the appellant and the other half will be assigned to represent the appellee. Each student will be paired against a student from the opposing side for purposes of briefing and oral argument, so that each student can file a responsive brief and deliver a responsive oral argument. The briefs are reviewed and scored by appellate judges, who then preside over and score the orgal arguments (each student's brief and argument will be presented to one judge; at the conclusion of each oral argument, each student who participated in that argument will meet one-on-one with the reviewing judge).

The problem assigned in the course will be the same on used in the Dean's Cup competition. But Appellate Practice is not a prerequisite for participating in the competition. Students who cannot take the course are eligible for the Dean's Cup and are encouraged to participate.

Please note: This course is offered only in the fall.

 

407

Appellate Litigation Clinic (Fall) 3
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Fall 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Group project
  • Class participation

Students seeking to enroll in the appellate clinic are strongly encouraged to contact Prof. Andrussier before enrolling.

This is a year-long clinic, and enrollment is limited to third-year students (i.e., students enrolling in this clinic must have completed fourth semesters of law school). Because of the time necessary to handle an appeal from briefing through argument, this is a year-long clinic offering 3 credits in the fall and 2 credits in the spring, and each student must enroll in both semesters.

For a practitioner, the appellate process focuses largely on researching and writing; thus most of the work in this clinic will entail researching and writing. Work will include reviewing the trial court record to identify appealable issues, conducting sophisticated legal research, drafting research memos, drafting appellate briefs, participating in tactical decision making, preparing the excerpts of record for the court of appeals, and preparing for oral argument if argument is scheduled. If oral argument is calendared during the academic year, a student may also argue the appeal, with client and court permission (only one student on a team can argue any appeal). In addition, the clinic director will meet with the students in a seminar setting early in the year to discuss appellate advocacy and the law necessary to handle the appellate work.

It is also helpful if students enrolling in this course have previously taken appellate practice. It is recommended that students enrolling in this course have completed or have contemporaneously enrolled in the federal courts course.

Because of tight court-imposed deadlines and the demands of appellate practice, this course requires students to be exceedingly flexible with their schedules and to dedicate significant amounts of time in the briefing process and in preparing for oral argument. The briefing schedule overlaps with fall break, and for reply briefs the schedule has often overlapped with a portion of winter break. Oral argument preparation has often overlapped with spring break.

Clinic students represent real clients, enter appearances in court, and operate under court-imposed deadlines.  Consequently, if scheduling conflicts arise, work on a clinic case must take priority over extracurricular activities (such as moot court).

Enrollment is limited to eight students (unless case load permits larger enrollment, which won't be known until the fall semester commences).

Like students in all other Duke clinics that meet in the fall, appellate clinic students must attend the ethics portion of the all-day clinic intensive held on a Friday in early September.

408

Appellate Litigation Clinic (Spring) 2
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Spring 19
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Group project
  • Class participation

Students working in teams will, under the close supervision of the clinic director, handle appeals. Enrollment is limited to third-year students. Each team is assigned to an appeal. Past appeals for this clinic have all been in federal appellate courts (Fourth Circuit, D.C. Circuit, and Third Circuit), but the venue might vary. Work will include reviewing the trial court record to identify appealable issues, legal research, drafting appellate briefs, preparing the excerpts of record for the court of appeals, preparing for oral argument if argument is scheduled, and arguing the case (only one student on a team can argue any appeal, with client and court permission). In addition, faculty will meet with the students in a seminar setting early in the year to discuss appellate advocacy and the procedural and substantive law necessary to handle the appeals. Enrollment is limited to eight students (unless case load permits larger enrollment, which won't be known until the fall semester commences). In the past, three to four students typically have been assigned to each case.

Because of the time necessary to handle an appeal from briefing through argument, this is a year-long seminar offering 3 credits in the fall and 2 credits in the spring, and you must be enrolled in both semesters to get credit. Students must be in at least their fourth semester of law school to enroll in the clinic. It is recommended that students enrolling in this course have completed or have enrolled in the federal courts course.

For a practitioner, the appellate process focuses largely on researching and writing; thus most of the work in this clinic will entail researching and writing. Because of tight court-imposed deadlines and the demands of appellate practice, this course requires students to be exceedingly flexible with their schedules and to dedicate significant amounts of time in the briefing process and in preparing for oral argument. The briefing schedules overlap with fall break and winter break. Oral argument preparation often overlaps with spring break. Clinic students represent real clients and operate under court-imposed deadlines; consequently, if scheduling conflicts arise, work on clinic cases must take priority over extracurricular activities (such as moot court).

Like students in all other Duke clinics, appellate clinic students must attend the ethics portion of the all-day clinic intensive held in early September.

Students seeking to enroll in the appellate clinic are strongly encouraged to contact Prof. Andrussier before enrolling.

416

Children's Law Clinic
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation

Students in this course participate in a legal clinic focused on the representation of low income children and their parents. While the majority of cases will focus on school-related matters, students may also participate in cases involving other issues relating to the health and well-being of children, such as government benefits and limited family law. Students will have an individual case load and will be closely supervised by clinic faculty. Various case assignments can involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. Students must attend a two-hour seminar once per week, with associated preparation. Students work on clinic cases approximately 10-12 hours a week, for a minimum of 125 hours of legal work during the semester for 5 credits and 100 hours for 4 credits. There is no paper and no exam. Students must be in at least their fourth semester of law school to enroll in the clinic due to state student practice rules. Education Law is recommended, but not required. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic. (see Clinics Enrollment Policy).

Important:

  • This course may not be dropped after the first class meeting.
  • *Variable Credit: 4-5 credits upon student selection*
  • 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. The following ethics classes meet the requirement: 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 - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Spring 17
  2. Fall 17
  3. Spring 18
  4. Fall 18
  5. Spring 19
  • Practical exercises
  • Live-client representation and case management

This 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. 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 a minimum of 125 hours of client representation work, but will not be required to attend the class sessions.

420

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

This is the basic trial skills course covering Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. In sections of 12 students per section, students prepare and perform the various skills using simulated problems and case files. After each performance, students receive constructive comments from faculty members who are also experienced trial lawyers. Students also get videotapes of their performances. The course ends with a full jury trial of a civil or criminal case with teams of two students on each side. At the end of the trial, the jury deliberates and students are able to watch the jury as it deliberates.

In the Fall, the class, which focuses on criminal trials, lasts the full semester. Three sections focusing on civil trials and one section focusing on criminal trials Law 422 are offered in the Spring.

421

Pre-Trial Litigation 2
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Practical exercises
  • In-class exercise
  • Class participation

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

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

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

422

Criminal Trial Practice 3
  • JD - general credits
  • JD - experiential learning
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19

This basic trial skills course covers Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. Students will prepare and perform these skills using simulated problems and case files. Students receive constructive comments from faculty who are experienced trial lawyers. The course ends with a full jury trial with teams of two students on each side. At the end of the trial, the jury deliberates while students observe. This class is appropriate for students with an interest in trial practice, with a specific focus on trial skills in the context of criminal litigation.

In the Fall, this class lasts all semester. In the Spring, this course follows the schedule for the three sections that cover both civil and criminal trials. See Law 420.

425

Pretrial Criminal Litigation 1
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  1. Fall 17
  2. Fall 18
  • 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 - general credits
  • JD - experiential learning
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Spring 19
  • Group project
  • 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 affordable housing and community development law 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. Students must be in at least their fourth semester of law school to enroll in the clinic.

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 Clinic. The following ethics classes meet the requirement: 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 - general credits
  • JD - experiential learning
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Spring 17
  2. Fall 17
  3. Spring 18
  4. Spring 19
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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

429

Civil Justice Clinic 4
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project
  • 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 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 sub-code housing claims, defense of eviction claims, prosecuting unfair trade practice claims, administrative hearing appeals for the revocation of licenses/certifications, and a variety of other 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 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. Students must be in at least their fourth 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.

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Civil Justice  Clinic. The following ethics classes meet the requirement: 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).

431

Advanced Civil Justice Clinic
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Spring 17
  2. Fall 17
  3. Spring 18
  4. Fall 18
  5. Spring 19
  • Group project
  • 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 - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  1. Fall 18
  2. Spring 19
  • Live-client representation and case management

This clinic will develop counseling, litigation, and legal commentary skills in the context of working on actual cases and issues involving the First Amendment freedoms of speech, press, assembly and petition.  We will advise and represent individuals and groups with First Amendment concerns or claims who cannot afford the assistance of lawyers with specialized First Amendment expertise.  We will also provide commentary and legal analysis on pending or enacted legislation that implicates First Amendment freedoms, and other governmental as well as academic developments.  Students will be directly supervised by the Clinic Director and the First Amendment Fellow.  All enrolled students will be required to work a minimum of 100 hours a semester with clients or in other professional activities such as answering questions from journalists or analyzing and preparing commentary on pending legislation, as well as to participate in the weekly class and training sessions. Students must be in at least their fourth semester of law school to enroll in the clinic.  Either First Amendment or Defamation and Privacy is a prerequisite or corequisite.

 

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.

 

437

International Human Rights Clinic 5
  • JD - general credits
  • JD - experiential learning
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Group project
  • 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. 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 approximately 10-12 hours a week, for a minimum of 125 hours of clinical work during the semester.  This course may not be dropped after the first class meeting.

438

Advanced Human Rights Clinic
  • JD - experiential learning
  • LLM-ICL - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19

441

Start-Up Ventures Clinic 4
  • JD - general credits
  • JD - experiential learning
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project
  • 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.

Law Tech Focus: Some enrolled students will have the option of spending a portion of their clinic time working on legal technology projects in association with the Duke Law Center on Law & Technology, including (1) working with the Duke Law Tech Lab, a pre-accelerator program for legal technologies and (2) building real legal tech tools to serve entrepreneurs.

Important:

    • In order to be eligible to enroll in the Clinic, you must have successfully completed at least three semesters of Law School and meet the Ethics Requirement. 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 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. The following ethics classes meet the requirement:  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 - general credits
  • JD - experiential learning
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Spring 18
  2. Fall 18
  3. Spring 19
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

The Advanced Start-Up Ventures Clinic will represent a range of early-stage ventures on a variety of matters related to the start-up process.

443

Environmental Law and Policy Clinic 4
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

Under the supervision of the clinical faculty, students will work on current case and policy advocacy priorities as determined by the Clinic's Intake Board. Cases and issues undertaken by the Clinic may include the following subject areas: water quality, air quality, natural resources conservation, endangered species, agriculture, sustainable development, public trust resources and environmental justice. Practical skills training will emphasize skills needed to counsel clients, examine witnesses and to advocate effectively in rulemaking and litigation settings. Generally, students may only enroll in the clinic for 1 semester, but may enroll for 2 semesters with the permission of the instructor if space permits. All enrolled students will be required to provide a minimum of 100 hours of work per semester to the clinic. In addition, students must participate in weekly group training meetings as well. The clinic office is located in the law school building. Law students must be in at least their fourth semester of law school to enroll in the clinic. Nicholas School students must be in at least their second semester.

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 Environmental Law and Policy Clinic. The following ethics classes meet the requirement: 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).

443A

Advanced Environmental Law and Policy
  • JD - general credits
  • JD - experiential learning
  • International LLM/Exchange/SJD - general credits
  1. Fall 16
  2. Spring 17
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This variable-credit course is available to students who have participated in one semester in the Environmental Law and Policy 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 at least 100 hours of client representation work (or more, depending on credit hours), but will not be required to attend the class sessions.

448

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

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


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


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


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


    Clinic Contact Information:
    Phone: 919.613.7049
    Fax: 919.613.7231

    448B

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

      Prerequisite: Guantanamo Defense Clinic.

      460

      Negotiation for Lawyers 3
      • JD - general credits
      • JD - experiential learning
      • JD-LLM-LE - general credits
      • LLM-LE (1 year) - general credits
      • International LLM/Exchange/SJD - general credits
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Reflection Papers
      • Final paper (10+ pages in length)
      • Journal
      • Practical exercises
      • In-class exercise
      • Class participation

      This seminar is intended to explore the processes of negotiation and settlement in legal and other contexts. Negotiation can be defined as the process by which two or more parties attempt to reach a mutually agreed upon decision regarding the social ordering of relationships or the resolution of a dispute. Thus, for example, agreement on a contract between two or more parties entails negotiation. Most civil and criminal litigation is settled by negotiation rather than decided at trial. Today, in many states, mandatory mediation–negotiation facilitated by a neutral party–is required before a case can be scheduled for trial. Other forms of alternative dispute resolution such as arbitration or summary jury trials are usually preceded by negotiation. The seminar will focus on the nature of interpersonal and intergroup conflict and strategies and tactics of negotiation. It will also focus on the unique aspects of an attorney representing a client in negotiation, including the ethical duties of a lawyer in this context.  Goals of the seminar are to provide students with the opportunity to analyze the social process of conflict resolution in different legal contexts (including transactional, litigation, and international), to gain insight into their own negotiation styles, and to improve their negotiation skills.  One email negotiation is included, and one class will introduce mediation advocacy techniques to help prepare students to negotiate when a mediator is involved in dispute resolution.

      The seminar makes use of role-play simulation materials and assigned readings. The seminar requires consistent and active class participation, weekly journals or guided questionnaires, and a final paper. 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 historically long 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 will not be an acceptable excuse for missing the first week of class.  Neither will a call-back interview.) 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 enter the class before the second class occurs.  Thus, students may drop this course without permission only before the second class meeting.

      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 - general credits
      • JD - experiential learning
      • LLM-LE (1 year) - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Intellectual Property Certificate
      1. Spring 17
      2. Spring 19

      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.

      471

      Science Regulation Lab 2
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • International LLM, Environmental Law Certificate
      1. Spring 17
      2. Spring 18
      3. Spring 19

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

      493

      Wrongful Convictions Clinic 4
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Practical exercises
      • In-class exercise
      • Live-client representation and case management
      • Class participation

      The Wrongful Convictions Clinic investigates North Carolina prisoners' claims of actual innocence and wrongful conviction. Students typically work in teams of two on one inmate's case. Among other things, the teams meet with the client (in prison), read and digest trial transcripts, interview witnesses, consult with experts, prepare investigative and legal strategies, and, if the case is ready, prepare the comprehensive Motion for Appropriate Relief to have the client's conviction overturned. The seminar component of the Clinic examines the principal problems that lead to the conviction of the innocent and the leading proposals for reform, including mistaken eyewitness identification, false confessions, faulty forensic evidence, the role of forensic DNA testing, post-conviction remedies for innocence claims, the use of "jailhouse snitches" and other cooperating witnesses, incompetent defense counsel, and police and prosecutorial misconduct. The seminar also includes skills-training sessions, during which students gain training in negotiation, interviewing, writing, and more. During the semester, students are required to perform a minimum of 100 hours of client work (in addition to weekly seminar preparation and attendance). Students must also attend the Clinic Intensive Training Day scheduled early in the semester, which is conducted collectively with the other Duke Law Clinics.

      494

      Advanced Wrongful Convictions Clinic
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Group project
      • 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 - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      1. Fall 16
      2. Fall 17
      3. Fall 18
      • Reflection Papers
      • Final paper (10+ pages in length)
      • Oral presentation
      • Class participation

      This course will examine the substantive law of arbitration during the first half of the term using the textbook Arbitration: Cases and Materials by Huber & Weston (3rd Edition, 2011, LexisNexis) and focus thereafter on the development of practical skills for conducting an arbitration presentation. The class will be limited to a maximum of 18 students.   Grading will be based upon class participation, the submission of a written arbitration brief, and the oral presentation 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 plaintiff and defense, while others can be handled individually. The problems may deal with such diverse claims as construction, medical malpractice, 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

      502

      Forensics Litigation 1.5
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      1. Fall 18
      • Final paper (10+ pages in length)
      • Group project
      • 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 excited to offer a new 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 will be 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 a final eight-hour day of 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.  We will stop in between each session to exchange feedback and 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.

       

      510

      Legal Interviewing & Counseling 2
      • JD - general credits
      • JD - experiential learning
      • International LLM/Exchange/SJD - general credits
      • Public Interest Certificate: General Elective
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Journal
      • Practical exercises
      • In-class exercise
      • Class participation

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

      513

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

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

      514

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

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

      515

      Contract Drafting for the Finance Lawyer 2
      • JD - general credits
      • JD - experiential learning
      • LLM-LE (1 year) - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Business Law Certificate
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19
      • Practical exercises
      • In-class exercise
      • Class participation
      • Variable by section

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

      519

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

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

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

      522

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

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

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

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

      533

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

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

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

      539

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

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

      549

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

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

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

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

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

      575

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

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

      621

      Externship
      • JD - general credits
      • JD - experiential learning
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18
      6. Spring 19

      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.

      http://law.duke.edu/about/community/rules/sec3#rule3-25

      Variable credit. With permission only.

      679

      Duke Law in DC Externship 9
      • JD - general credits
      • JD - experiential learning
      • Public Interest Certificate: General Elective
      • Public Interest Certificate: Experiential Requirement
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 18
      5. Fall 18

      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

      731

      Legal Strategy 3
      • JD - experiential learning
      • JD - general credits
      • International LLM/Exchange/SJD - general credits
      1. Fall 16
      2. Fall 17

      A theoretical and practical approach to appreciating the complexities of legal strategy. The course commences with 8 hours of lecture and discussion on a variety of analytic methodologies for addressing strategy - economic, psychological, game theoretic. The remaining 27 hours focuses on specific legal problems with intense role-playing to reinforce the application of these analytic tools in a realistic setting. The role playing will be supervised and reviewed by practitioners who are experts in the relevant legal problems.

      734

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

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

      760

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

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

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

      765

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

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

      777

      Deal Skills for the Transactional Lawyer 3
      • JD - general credits
      • JD - experiential learning
      • JD-LLM-LE - general credits
      • LLM-LE (1 year) - general credits
      • International LLM/Exchange/SJD - general credits
      • International LLM, Business Law Certificate
      1. Fall 16
      2. Spring 17
      3. Fall 17
      4. Spring 19

      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

      785

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

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

      787

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

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

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

      789

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

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

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

      796

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

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

      800

      Basics of Accounting 0.5
      • JD - experiential learning
      • International LLM, Business Law Certificate
      1. Winter 19
      2. Winter 18

      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 learning
      • International LLM, Business Law Certificate
      1. Winter 19
      2. Winter 18

      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 learning
      • International LLM, Business Law Certificate
      1. Winter 19
      2. Winter 18

      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 learning
      • International LLM, Business Law Certificate
      1. Winter 19
      2. Winter 18

      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 learning
      • International LLM, Business Law Certificate
      1. Winter 19
      2. Winter 18

      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 learning
      1. Winter 19
      2. Winter 18

      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 learning
      1. Winter 19
      2. Winter 18

      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.

      831

      In House Legal Practice 0.5
      • JD - experiential learning
      • International LLM, Business Law Certificate
      1. Winter 19
      2. Winter 18

      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 learning
      1. Winter 19
      2. Winter 18

      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.

      846

      Compliance with the Foreign Corrupt Practices Act (FCPA) 0.5
      • JD - experiential learning
      • International LLM, Business Law Certificate
      1. Winter 19
      2. Winter 18

      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.

      850

      Client Representation: An Immigration Case Study 0.5
      • JD - experiential learning
      1. Winter 19
      2. Winter 18

      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 learning
      1. Winter 19
      2. Winter 18

      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 learning
      • International LLM, Intellectual Property Certificate
      1. Winter 18

      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 learning
      1. Winter 19
      2. Winter 18

      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 learning
      1. Winter 18

      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 learning
      1. Winter 19
      2. Winter 18

      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.

      860

      Advising Clients on Use of Trademarks and Copyrighted Material 0.5
      • JD - experiential learning
      • International LLM, Intellectual Property Certificate
      1. Winter 19
      2. Winter 18

      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.

      864

      Lawyer as International Development Professional 0.5
      • JD - experiential learning
      1. Winter 19
      2. Winter 18

      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 learning
      1. Winter 19
      2. Winter 18

      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. To allow us to hit the ground running, we’ve pre-identified a focus related to the pressing problem of eviction, which we’ll explore from various stakeholder perspectives. These focus issues will allow us to connect with an on-going eviction diversion project of the Duke Civil Justice Clinic to make a significant impact in Durham. We will deal with real issues in legal service delivery that confront our local community partners. 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.