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 filters53 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

244

The Business and Economics of Law Firms 1
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Fall 15
  • Fall 16
  • Fall 17
  • Reflection Papers
  • Group project
  • Practical exercises
  • Class participation

This course will provide students with an enhanced and vital understanding of law firms as business entities in a competitive and global market. Based on feedback from employers, interviews with hundreds of lawyers and published accounts from law firm leaders, it is clear that technical legal ability will be necessary but not sufficient to excel in the practice of law or any business endeavor in coming decades. The topics will be explored through the review and analysis of literature, statutes, and case studies, and will include a basic financial analysis of the operations of law firms. Assignments will be collaborative and will simulate the client advisory process allowing students to gain experience providing legal advice and business recommendations. Associate Dean and Senior Lecturing Fellows Bruce Elvin and George Krouse '70 will lead, teach and organize the seminar, with senior law and business leaders from the United States and abroad serving as guest lecturers many weeks.

315

Complex Civil Litigation 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Spring 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Fall 16
  • Spring 17
  • Spring 18
  • 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.

384

Securities Regulation 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - required courses
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Spring 17
  • Spring 18
  • Final Exam

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

400

Health Justice Clinic
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Fall 15
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • Journal
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This clinic was previously named the AIDS/HIV and Cancer Clinic. 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 (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 17
  • Fall 17
  • Spring 18
  • Group project
  • Reflection Papers
  • Final paper (10+ pages in length)
  • 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 - experiential learning (Entered Law School Fall 2016 and later)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 18
  • Final paper (10+ pages in length)
  • Reflection Papers
  • 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.

407

Appellate Litigation Clinic (Fall) 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Fall 16
  • 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 recommended that students enrolling in this course have completed or have enrolled in the federal courts course. It is also recommended that students enrolling in this course have completed or have 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • In-class exercise
  • Practical exercises
  • 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 (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 17
  • Fall 17
  • Spring 18
  • Live-client representation and case management
  • Practical exercises

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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • Spring 17
  • Spring 18

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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Fall 15
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Public Interest Certificate: General Elective
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18

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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Fall 17
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • 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
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 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 Legal Aid attorneys and/or the Clinic Director. Cases may include prosecuting unsafe 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, 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 (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 17
  • Fall 17
  • Spring 18
  • 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

437

International Human Rights Clinic 5
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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.

441

Start-Up Ventures Clinic 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • 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
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD-LLM-LE - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Environmental Law Certificate
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Fall 15
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 15
  • Spring 16
  • 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 (Entered Law School Fall 2016 and later)
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • 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 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 15
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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.

471

Science Regulation Lab 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Fall 15
  • Spring 17
  • Spring 18

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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Fall 15
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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.

500

Arbitration: Law and Practice 3
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 15
  • Fall 16
  • Fall 17
  • Final paper (10+ pages in length)
  • Reflection Papers
  • 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

510

Legal Interviewing & Counseling 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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.

514

Research Methods in Administrative Law 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Fall 17
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Spring 17
  • Fall 17
  • Spring 18
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other

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 group projects. 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.

522

Contract Drafting: The Next Generation 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Spring 17
  • 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."  

525

Corporate Reorganization 2
  • JD - general credits
  • JD - upper-level writing (ULWR)
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM, Business Law Certificate
  • International LLM/Exchange/SJD - general credits
  • Spring 16

The emphasis of Corporate Reorganization is the practical process of reorganizing trouble and failing businesses. The course is taught with a practical, hands on approach. The instructing professor is currently operating several international businesses and will draw from actual domestic and international examples. The course will examine the roles of the various business and legal positions in workout, and reorganization situations.

The course will cover domestic and international workouts and reorganization, in and out of a Court setting. Topics will include the identification of troubled companies and properties, the financial structure of these companies, identification of factors leading to the company's economic trouble, and the methods of allocating risk as the company is reorganized. Basic concepts of Bankruptcy will be covered in this course.

A basic Bankruptcy course is helpful for this course but not required.

539

Ethics in Action 2
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - ethics
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Spring 17
  • Fall 17

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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Spring 17
  • Spring 18
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation

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

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

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

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

601

Duke Law in DC: Federal Policymaking 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • International LLM/Exchange/SJD - general credits
  • Fall 16
  • Fall 17

This course is open to students participating in the Duke in DC integrated externship program (LAW 679: Duke Law in DC Externship). The Federal Policymaking course is a graded, 4-credit, weekly class that focuses on the federal policymaking process, with particular attention to the policy issues that are currently being debated in Congress and the executive branch. The course requires students to become conversant with current federal policy debates, and also with the forces that influence the behavior of institutional actors who ultimately decide whether and how these debates will be acted upon by the branches of the federal government. Students will develop critical analysis skills that are necessary to evaluate and affect the policymaking process at the federal level.  This course is open to second-and third-year law students, by permission only. For more information, please visit https://law.duke.edu/curriculum/dukedc/.

621

Externship
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Fall 15
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 18

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.

624

Capstone Project 3
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Fall 16
  • Fall 17

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

641

EXTERNSHIP: Federal Public Defender's Office for the Eastern District of North Carolina 4
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement

A semester-long integrated externship at the Federal Public Defender's Office for the Eastern District of North Carolina (Raleigh) under the supervision of Professor Jim Coleman. Up to eight students will work at the FPDO for sixteen hours each week mentored and supervised by attorneys in the FPD who also will serve as adjunct instructors. As part of the integrated externship, students will participate in a course co-taught by Professor Coleman and attorney adjunct instructors on Defending the Federal Criminal Defendant (Law 642). Other members of the faculty and outside guests also may contribute to the instruction.

BY PERMISSION ONLY.

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

642

Defending the Federal Criminal Defendant 1
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • Public Interest Certificate: General Elective

This is the course component of the semester-long integrated externship at the Federal Public Defender's Office for the Eastern District of North Carolina (Raleigh) under the supervision of Professor Jim Coleman (Law 641). Professor Jim Coleman and attorney adjunct instructors will provide instruction on Defending the Federal Criminal Defendant. Other members of the faculty and outside guests also may contribute to the instruction.

BY PERMISSION ONLY.

677

Duke Law in DC: Rethinking Federal Regulation 4
  • JD - upper-level writing (ULWR)
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • Public Interest Certificate: General Elective
  • Spring 16
  • Spring 17
  • Spring 18

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

679

Duke Law in DC Externship 9
  • JD - general credits
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • Public Interest Certificate: General Elective
  • Public Interest Certificate: Experiential Requirement
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17
  • Spring 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Fall 15
  • Fall 16
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Spring 17
  • 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 - experiential learning (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  • Spring 16
  • Spring 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Spring 17
  • Spring 18
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD-LLM-LE - general credits
  • LLM-LE (1 year) - general credits
  • International LLM/Exchange/SJD - general credits
  • International LLM, Business Law Certificate
  • Spring 16
  • Fall 16
  • Spring 17
  • Fall 17

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

789

Writing: Federal Litigation 2
  • JD - experiential learning (Entered Law School Fall 2016 and later)
  • JD - general credits
  • JD - professional skills (Entered Law School before Fall 2016)
  • JD - upper-level writing (ULWR)
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Spring 17
  • 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 (Entered Law School Fall 2016 and later)
  • JD - professional skills (Entered Law School before Fall 2016)
  • International LLM/Exchange/SJD - general credits
  • Spring 16
  • Fall 16
  • 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. .