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 filters61 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

227

Use of Force: Cyber, Drones, Hostage Rescues, Piracy, and more 2
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • LLM-ICL - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
  3. Fall 18
  • Reflection Papers
  • Final paper (10+ pages in length)
  • Oral presentation
  • Class participation

This fall-only seminar is designed to introduce students with limited familiarity with international law to principles involved in the use of force during periods of putative peace.  It will explore what circumstances constitute an “act of war” in variety of situations, to include cyberspace. 

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

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

There is no examination, but a 20-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements. provided it is at least 30 pages in length.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require the preparation of short, written products.

242W

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

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

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

301

AIDS and the Law 2
  • JD - general credits
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective
  1. Fall 16
  2. Fall 17
The course will explore the legal and policy landscape of the HIV/AIDS epidemic primarily in the United States. We will employ a multi-disciplinary approach to teaching about HIV law and policy, including the legal issues faced by persons with HIV disease. Speakers will include medical specialists, social workers, and persons living with HIV. Topics covered include HIV-related stigma and discrimination, HIV testing and public health laws, confidentiality and privacy rights, estate planning issues, HIV criminalization, health disparities, access to health care and health insurance, permanency planning for children and other family law issues, employee benefit issues, and torts and HIV-related private lawsuits. There is an opportunity for student presentations on AIDS Law issues. In lieu of an exam, there is a paper requirement for the course. The course is helpful but not required for those intending to enroll in the Health Justice Clinic.

This course is only offered in the fall semester.

311

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

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

320

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

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

 

321

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

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

329

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

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

368

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

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

371W

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

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

473

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

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

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

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

475B

Wealth and Poverty Lab 2
  • JD - Substantial Research and Writing Project requirement (SRWP)
  • JD - general credits
  • International LLM/Exchange/SJD - general credits
  • Public Interest Certificate: General Elective

    This spring-semester Lab is open only to students who (1) were enrolled in the fall-semester Lab and (2) have the permission of the instructors prior to spring registration. The Lab will provide students the opportunity to develop and enact specific legal and/or policy proposals to address issues highlighted in the fall-semester Lab. This Lab is a 2-credit, fast-track course will meet for the first 8 weeks of the spring semester, though work on policy proposals will likely last throughout the semester.  Students should expect to develop proposals in accordance with several interim deadlines and to meet with faculty frequently to review their progress. It is expected that students may elect for their projects to satisfy the law school’s upper-level writing requirement.

    508

    Chinese Law and Society 2
    • JD - general credits
    • JD - Substantial Research and Writing Project requirement (SRWP)
    • LLM-ICL - general credits
    • International LLM/Exchange/SJD - general credits

    This course will survey law and legal practice in the People's Republic of China. Particular attention is given to the interaction of legal institutions with social change, politics, and economic development. Specific topics include, among others, the Party State, state capitalism, the judiciary, property law and development, criminal law and procedure, media (especially the internet), business and investment law, labor law, and major schools of Chinese legal and political thought. Some class discussions will involve interaction with students or faculty from the PRC. Prior familiarity with Chinese history or politics is unnecessary. All course materials will be in English.


    Course requirements include regular participation in class discussion, one or two reading reports, and a final research paper. This paper will satisfy the LLM writing requirement, and, with permission, can be used for the JD writing requirement as well.

    512

    Medicine and Law 2
    • JD - general credits
    • JD - Substantial Research and Writing Project requirement (SRWP)
    • International LLM/Exchange/SJD - general credits
    • Public Interest Certificate: General Elective
      This 2-credit seminar considers the application of law to medicine and the tensions that arise as a result, both in practice and as these tensions implicate differences between medical ethics and legal norms. The topics covered will include the history and modern status of medical ethics rules and the institutions that govern and operationalize them; medical privacy in the HIPAA context; clinical research and the consent process; the (medical malpractice) standard of care and medical errors; scarce resources including medicines and organs; infectious disease (e.g., Ebola) protocols; living wills and medical powers of attorney; the concept of medical "futility"; and choosing and defining death.

      Grades will be based on class preparedness and participation including one-page reflection papers due before most class sessions, and a final research paper. In total, students will turn in ten reflection papers, i.e., one for each of ten of the thirteen class sessions. Final papers for those not taking the class for writing credit must be 20-25 pages in length. Final papers for those taking the class for writing credit must be between 25 and 30 pages in length and must otherwise comply with the requirements for obtaining such credit.

      It is recommended that students take this course in conjunction with Law 524, Health and Medical Research for Lawyers, a one-credit advanced research seminar which emphasizes the topics covered in this course, i.e., in Law 512.

      517W

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

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

      518

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

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

      521

      Culture of American Law 2
      • JD - general credits
      • JD - Substantial Research and Writing Project requirement (SRWP)
      • International LLM/Exchange/SJD - general credits
        • Reflection Papers
        • Final paper (10+ pages in length)
        American law can be viewed usefully from a variety of perspectives. In law school, we usually approach the law as a set of political norms that are articulated and enforced through formal legal institutions, or as the activities of professionals working within those institutions. Law is also a mindset, a shared ''culture'' of ideas, attitudes, memories, and myths that shape the lives and work of legal professionals as well as the broader society. In this course we will read critically writings on the law that have shaped or reflect the present nature of that legal culture. Our goal will be to understand more fully the nature of the law as practice and vocation through these writings.

        523

        Finance in Asia: Institutions, Regulations and Policy 1
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
        • JD - general credits
        • International LLM/Exchange/SJD - general credits
        1. Spring 17
        • Reflection Papers
        • Class participation

        The global economy and financial system are undergoing a profound transformation in the twenty-first century with the rise of Asia, most particularly China. This course will consider finance in the region and its implications for the global financial system. Following an introduction to the evolution of finance in Asia and its role in the global economy, the course will consider the role of Asia in international financial arrangements such as the Group of 20 (G20) and International Monetary Fund (IMF), regional financial regulatory arrangements (focusing on the major financial centers such as Hong Kong and Singapore), China’s financial internationalization (in particular of the RMB, the Belt and Road Initiative and the Asian Infrastructure Investment Bank [AIIB]), and the impact of technology on finance in the region (with a focus on China and India).

        The class will be conducted as an interactive seminar. Student grades will be based on participation (10%) and a series of 3 papers (approximately 5 pages each) on specific topics throughout the course (90%). For those wishing a second credit, there is the option of an additional 25+ page seminar paper due at the end of the semester. (Students should enroll in Law 523W if they plan write the 25+ page paper.)

        523W

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

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

        527W

        Access to Medicines Writing Credit 1
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD - general credits
        • International LLM, Intellectual Property Certificate
        1. Spring 18
        • Add on credit

        While enrolled in Law 527 Access to Medicines: Intellectual Property and Global Public Health, students have the option to take an additional 1 credit if they wish to write a 45 page paper. *LAW 527W MUST be added no later than 7th week of class.*

        529

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

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

        536W

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

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

        537

        International Human Rights Advocacy Seminar 2
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • JD - general credits
        • LLM-ICL - general credits
        • International LLM/Exchange/SJD - general credits
        • Public Interest Certificate: General Elective
        1. Fall 16
        2. Fall 17
        3. Fall 18

        This course critically assesses the field of international human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors.  Drawing on case studies within the United States and abroad, the course will also examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the opportunities and challenges of new technologies in human rights advocacy. Evaluation will be based on class participation and a final paper.

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

        544

        Advanced Topics in International Trade 2
        • JD - general credits
        • JD - Substantial Research and Writing Project requirement (SRWP)
        • International LLM/Exchange/SJD - general credits

          This seminar will explore recent scholarship related to international economics and international trade institutions (such as the WTO, the EU, and NAFTA).  Topics will include the domestic political economy of trade liberalization, trade remedy law, institutional design, and compliance with dispute resolution systems.  The seminar is designed to be highly participatory with students taking the lead in class discussions.  Some knowledge of international law is helpful but not required.  Grades are based on a series of papers written during the semester and class participation.

          Grade Basis:  Grades are based on the six short papers, your leadership of class discussion, and class participation.  There is no final exam and no final paper.  This course can be taken together with a 2 or 3 credit independent study to fulfill a writing requirement.

          545

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

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

          546

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

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

          554

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

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

          555

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

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

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

            558

            Foreign Anti-Bribery Law 2
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Fall 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Oral presentation
            • Class participation

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

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

            NOTE: An additional 1-2 credits are available for students who wish to write a longer paper in order to satisfy the JD or JD/LLM Upper-Level Writing Requirement. Students wishing to take this option should enroll in Law 558W Foreign Anti-Bribery Writing Credit. *LAW 558W MUST be added no later than 7th week of class.*

            558W

            Foreign Anti-Bribery Writing Credit 1
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • LLM-ICL - writing requirement
            1. Fall 18
            • Add on credit

            While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 1-2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. *LAW 558W MUST be added no later than 7th week of class.*

            562

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

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

            566A

            Corporation and International Law: Past, Present, and Future 3
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - Substantial Research and Writing Project requirement (SRWP), option
            • JD - general credits
            • LLM-ICL - general credits
            • LLM-ICL - required courses
            • LLM-ICL - writing requirement
            • International LLM/Exchange/SJD - general credits
            • International LLM, Business Law Certificate
            1. Fall 17
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Class participation

            From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

            A limited number of JD students may be permitted to use their paper to satisfy the JD upper-level writing requirement with prior approval of Professor Brewster.

            566B

            Corporation and International Law 3
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • LLM-ICL - general credits
            • LLM-ICL - required courses
            • LLM-ICL - writing requirement
            • International LLM/Exchange/SJD - general credits
            • International LLM, Business Law Certificate
            1. Spring 18
            • Reflection Papers
            • Final paper (10+ pages in length)
            • Class participation

            From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

            574

            Lying and The Law of Questioning 1
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            • Reflection Papers
            • Class participation

            This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what is sometimes called “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in public life. The criminal justice system is both a natural habitat for dishonesty and the place where achieving accuracy is most important. Accordingly, we will use the context of investigations and trials to explore some larger themes about establishing factual baselines despite intense conflict. Topics will include liability for dishonest statements in investigations and testimony, interrogation practices, the problem of false confessions, incentivized witnesses, character and credibility, cross examination, storytelling at trial, and lie detection in the laboratory, courtroom, and popular culture. Readings will be posted on line and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

            574W

            Lying and The Law of Questioning, Writing Credit 1
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • JD - general credits
            • International LLM/Exchange/SJD - general credits
            1. Spring 17
            • Add on credit

            While enrolled in Law 574 Lying and the Law of Questioning, students who plan significant research projects on related topics may register for a second credit in order to satisfy the JD Writing Requirement. *LAW 574W must be added no later than 7th week of class.*

            579

            Mass Torts 2
            • JD - general credits
            • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
            • JD - Substantial Research and Writing Project requirement (SRWP)
            • International LLM/Exchange/SJD - general credits
            • International LLM, Environmental Law Certificate
              • Reflection Papers
              • Final paper (10+ pages in length)
              • In-class exercise
              • Class participation

              This seminar will invite participants to take an in-depth look at the combination of issues raised by complex mass tort lawsuits: issues of substantive tort law, civil procedure, litigation strategy, lawyer-client relationships, the economics of settlement, ethics, the judicial role, and societal impacts.

              The course will explore a selection of celebrated mass tort lawsuits, such as those involving the Buffalo Creek disaster, the Woburn leukemia case, Agent Orange, the Exxon Valdez oil spill, the BP Deepwater Horizon oil spill, the concussion/brain injury cases against the NFL and other sports, cigarette smoking, the Dalkon Shield, Bendectin, MTBE, and asbestos.

              The course will employ a "case method" -- not the typical study of appellate decisions on particular issues but a "full" case method that examines entire cases, from dispute to filing to trial to appeals and beyond. The readings are mainly books about the cases-- historical accounts that put the litigation in context. These books include Gerald Stern, The Buffalo Creek Disaster; Jonathan Harr, A Civil Action; Peter Schuck, Agent Orange on Trial; David Lebedoff, Cleaning Up; Ken Feinberg, Who Gets What; and Mark Fainaru-Wada and Steve Fainaru, League of Denial. Judicial opinions and scholarly commentary will be assigned as supplementary readings. Readings will therefore be more extensive but less dense than typical law school courses.

              Note: Students may enroll in an additional credit in order to expand the required 15 page paper into 30 pages with the aim of using the paper to satisfy the JD Writing Requirement. Students wishing to take this option should enroll in Law 579W Mass Torts Writing Credit. *LAW 579W MUST be added no later than 7th week of class.*

              579W

              Mass Torts Writing Credit 1
              • JD - Substantial Research and Writing Project requirement (SRWP)
              • JD - general credits
                • Add on credit

                While enrolled in Law 579 Mass Torts, students have the option to take an additional 1 credit if they wish to expand the required 15 page paper to 30 pages in order to satisfy the JD Writing Requirement. *LAW 579W MUST be added no later than 7th week of class.*

                581

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

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

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

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

                582

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

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

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

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

                 

                583

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

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

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

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

                  587

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

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

                  589

                  Japanese Law in a Business Context 2
                  • JD - general credits
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • International LLM/Exchange/SJD - general credits
                  • International LLM, Business Law Certificate
                  1. Spring 17

                  An overview of the Japanese legal system with a particular focus on the business and regulatory environment as well as on the differences that a U.S.-trained lawyer must be aware of when handling Japan-related matters. This class will qualify for the Duke LL.M Business Law Certificate.

                  The class will be conducted as an interactive seminar. Student grades will be based in part on participation and presentation, but with the largest component being based on a 25+ page seminar paper. Several of the latter class sessions will be devoted to student presentations on their paper topics and preliminary findings. However final papers will not need to be submitted until the end of the semester. The seminar paper for this class can be used to satisfy the LL.M. Business Certificate paper requirement.

                  590

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

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

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

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

                  593

                  Sexuality and the Law 2
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  • Public Interest Certificate: General Elective
                  1. Fall 16
                  2. Spring 18
                  3. Spring 19
                  • Final paper (10+ pages in length)
                  • Midterm
                  • Class participation

                  Issues in the legal regulation of sexuality are among the most contested in US law today.  Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) whether the gender identities of transgender persons are to be accepted in public facilities like restrooms, c) if and when women should have access to contraception or abortion, and d) whether LGBTQ persons can rely on constitutional and statutory provisions providing for equal protection or nondiscrimination when availing of government provided services or commercial services, are all questions which either have been litigated in US courts in recent years, or are currently being litigated.  Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases.  These areas of law include the jurisprudences of liberty, privacy, equal protection and the free exercise of religion, as well as issues concerning the extent of executive authority.  This course will explore these issues through an examination of recent US jurisprudence, as well as statutory law and regulatory actions, as they pertain to LGBTQ rights and women’s reproductive rights at both the state and national level.  While the primary focus will be on developments in the US, the treatment of similar issues in selected foreign jurisdictions will be introduced occasionally to present alternative approaches.

                  594

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

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

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

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

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

                  636

                  Food, Agriculture and the Environment: Law & Policy 2
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  • International LLM, Environmental Law Certificate
                  • Public Interest Certificate: General Elective
                  1. Fall 16
                  2. Fall 17
                  3. Fall 18
                  • Reflection Papers
                  • Final paper (10+ pages in length)
                  • Oral presentation
                  • Class participation

                  In many areas of the country, and especially in North Carolina, sustainable, local food markets represent one of the most exciting opportunities for environmental stewardship, economic growth, value-added agricultural niches, job creation, and community building. However, these opportunities require careful and sustained attention to the legal and regulatory requirements at the international, national, state, and local levels, many of which inhibit the development of sustainable, local food systems.

                  The course will focus on (1) the interrelationship of food and agricultural production and environmental sustainability and (2) the ways in which the law influences, and can be used to overcome impediments to, the development of sustainable, local foods-based markets. Students will explore readings from a variety of sources, hear directly from guest speakers from North Carolina's strong network of organizations involved in the local foods movement, and delve into a research project of their own choosing.* Through the semester, students will gain an understanding of how legal rules interact with food safety research, physical infrastructure, personal consumption habits, patterns of private sector investment, race-based and other structural inequalities, to notions of community, underlying cultural and religious values, etc.

                  *This project will allow students to explore an issue of interest and contribute their knowledge to this developing field. Papers may be scholarly in nature, but students are encouraged to shape their projects as practical case studies that directly engage the issues and players in the local foods community.

                  640

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

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

                   

                  677

                  Duke Law in DC: Rethinking Federal Regulation 4
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • JD - general credits
                  • Public Interest Certificate: General Elective
                  1. Spring 17
                  2. Spring 18
                  3. Fall 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/.

                  707

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

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

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

                  710

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

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

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

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

                  Required Coursework

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

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

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

                  717

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

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

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

                  720

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

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

                  724

                  Intellectual Property, Public Domain, and Free Speech 3
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • JD - general credits
                  • International LLM/Exchange/SJD - general credits
                  • International LLM, Intellectual Property Certificate
                  • Final paper (10+ pages in length)
                  • Reflection Papers
                  • Class participation

                  This advanced seminar examines current debates concerning intellectual property, the public domain and free speech, focusing in particular on digital copyright. The goal is to look at issues of academic interest but also considerable practical importance surrounding a central question: how is the public interest defined and defended in formulating the balance between intellectual property and the public domain?

                  The class will begin by exploring tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the United States and European Union. The class will then cover case law and legislation in both the US and EU in two contentious areas of information regulation: database protection and digital copyright. The class will conclude with an examination of current cases, legislation, and debates, including the controversies surrounding peer-to-peer file sharing, user generated content, and video sharing sites such as YouTube.

                  Grades for the seminar will be based on class participation, Sakai postings, and a final paper.

                  735

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

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

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

                  739

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

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

                   

                  744

                  Philosophy for Constitutional Lawyers 3
                  • JD - general credits
                  • JD - Substantial Research and Writing Project requirement (SRWP)
                  • International LLM/Exchange/SJD - general credits
                    • Reflection Papers
                    • Final paper (10+ pages in length)
                    • Class participation
                    This seminar will investigate the possibility and promise of substantive reason in constitutional law. Doubts that reason plays any non-instrumental role in constitutional decisions often reflect a broad skepticism that constitutional law can be anything other than political decision-making in disguise. We do not share that skepticism, but we readily concede that many constitutional arguments and opinions are poorly reasoned, and that constitutional lawyers often seem unable to offer a coherent account of what they are doing, or what constitutional decision-making is or ought to be, that doesn't collapse into a species of political choice.

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

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

                    758

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

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

                    776

                    Supreme Court Litigation 2
                    • JD - general credits
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • International LLM/Exchange/SJD - general credits
                    1. Fall 16
                    2. Fall 17

                    This course has three objectives:  

                    1. To gain a working knowledge of the unique role the Supreme Court plays in our legal system—identifying and resolving important disputed recurring issues of federal law—and of the demands thus placed on lawyers who practice before it;
                    2. To provide a very intense experience in honing your legal writing skills, by the preparation of two short (10-12 page double spaced) briefs reflecting different phases of Supreme Court litigation, each to be prepared over a separate four week period, with on-going one-on-one interaction with the professor and detailed comments on the final brief;
                    3. To study the oral argument process as now practiced in the Court, including moot court arguments be each student in a current case, study of actual arguments from the present Court Term and, if possible, attendance at one or more moot courts by arguing lawyers and discussions with those lawyers.  

                      The uniqueness of practice in the Supreme Court stems primarily from the certiorari process, by which the Court identifies the 1% of petitioning cases it will hear on the merits. Lawyers on both sides must convince the Court that the case at hand does or does not present a legal issue of sufficient moment and controversy as to presently demand the Court's attention. We will discuss in detail the features of a case that enhance or detract from its chances for certiorari.  After a case is granted and goes forward on the merits, the selective nature of the Court's jurisdiction—and its focus on resolving recurring legal issues rather than simply deciding cases—shapes the lawyer's approach to the case in important ways, which will be considered in class sessions dealing with the drafting of merits briefs and the role that amicus briefs play in the Court's work.

                      All of these goals will be pursued through the study of three or four actual cases from the present Term.  The greatest amount of effort, by both the students and the professor, will be invested in the two short brief writing assignments.  These assignments, an Opposition to Certiorari and a Reply Brief on the merits, will demand both an understanding of the nature of the Supreme Court's process and a firm grasp on the law and facts of the particular case.  In both instances you will prepare an outline, meet with the professor to discuss your approach, and then prepare the final brief.  Neither brief will require extensive research beyond the materials cited in the case filings you will be provided with.  Both briefs will demand an ability to think and write in clear simple English, and self-critically evaluate and revise what you have written—with feedback from the instructor - to make it as coherent and persuasive as possible to the Justices and their clerks.    A limited number of students may satisfy the upper-level writing requirement through an additional credit of work and with the permission of the instructor.  

                    781

                    Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • International LLM, Intellectual Property Certificate
                    1. Fall 16
                    2. Fall 17
                    3. Fall 18

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

                     

                    791

                    Judicial Writing 2
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    1. Spring 17
                    2. Spring 18
                    3. Spring 19
                    • Class participation

                    This course is intended to appeal to any student who seeks a judicial clerkship or aspires to be a judge, or who simply wants to learn more about how and why judges write judicial opinions. Students will consider the complexities of being on the bench, including judges' relationships with the public, with lawyers, with other judges, and with their clerks. The students will try their hands at formats and styles unique to clerking or judging, including a bench brief, an analytic paper, and an appellate-court opinion.

                    794

                    The Law of Slavery and Freedom: The Thirteenth, Fourteenth and Fifteenth Amendments 2
                    • JD - Substantial Research and Writing Project requirement (SRWP)
                    • JD – Substantial Research and Writing Project requirement (SRWP), add-on credit
                    • JD - general credits
                    • International LLM/Exchange/SJD - general credits
                    • Public Interest Certificate: General Elective
                    1. Spring 17
                    2. Spring 18
                    • Reflection Papers
                    • Final paper (10+ pages in length)
                    • Oral presentation
                    • Class participation

                    This course will explore the ways in which the institution of slavery interacted with the law in the United States and how the law defined freedom and the practices of freedom.  The first two weeks will focus on slavery and the law.  The rest of the course will focus on the 13th, 14th, and 15th Amendments. For added credit, students may satisfy the writing requirement by enrolling in Law 794W. 

                    794W

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

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