Course Browser

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

Class Schedule Course Evaluations Registration Portal


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

The list of classes marked Spring 2023 is incomplete and is being regularly updated.

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice

Clear all filters 252 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

110

Civil Procedure 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Final Exam
  • Class participation

A consideration of the basic problems of civil procedure designed to acquaint students with the fundamental stages and concerns of litigation, e.g., jurisdiction, pleading, discovery, trial, choice of law, and multiparty actions. In addition, this course will highlight a number of specialized topics including the role of juries in deciding civil disputes, the ethical responsibilities of the litigation attorney, and the development of alternative dispute resolution systems. At several points, this course will focus on an analysis of the procedural system's operations as revealed through empirical studies.

120

Constitutional Law 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • Fall 20
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam
  • Class participation

An examination of the distribution of and limitations upon governmental authority under the Constitution of the United States. Included are study of the doctrine of judicial review of legislative and executive action, the powers of Congress and the President, the limitations on state governmental powers resulting from the existence or exercise of congressional power, and judicial protection against the exercise of governmental power in violation of rights, liberties, privileges, or immunities conferred by the Constitution.

130

Contracts 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Fall 20
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Final Exam
  • Class participation

An examination of the formation and legal operations of contracts, their assignment, their significance to third parties, and their relationship to restitution and commercial law developments; the variety, scope, and limitations on remedies; and the policies, jurisprudence, and historical development of promissory liability.

140

Criminal Law 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Final Exam
  • Class participation

An introductory study of the law of crimes and the administration of criminal justice. One of the purposes of this course is to introduce the students to the nature of social control mechanisms and the role of law in a civilized society.

170

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

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

180

Torts 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Fall 22
  • Final Exam
  • Class participation

An analysis of liability for personal injuries and injuries to property. The law of negligence occupies a central place in the course content, but this course also considers other aspects of tort liability such as strict liability, liability of producers and sellers of products, nuisance, liability for defamation and invasion of privacy, and commercial torts. The subjects of causation, damages, insurance (including automobile no-fault compensation systems), and workmen's compensation are also included.

200

Administrative Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Final Exam

A study of the legal framework governing administrative agencies under the U.S. Constitution and the Administrative Procedure Act, with a particular focus on agency rulemaking and adjudication; Presidential power; Congressional control of agencies through statutes and other mechanisms of oversight; and judicial review of agency actions.

201

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

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

The workshop might be particularly useful to:

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

202

Art Law 2
  • JD SRWP, option
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Fall 20
  • Spring 22
  • Spring 23
  • Final Exam, option
  • Research paper option, 25+ pages
  • Class participation

This course will cover a number of intersections between the law and the people and institutions who constitute the world of the visual arts, including artists, museums, collectors, dealers, and auctioneers. The course will also cover non-legal material geared to shaping practices of art market participants, such as codes and guidelines adopted by art-museum associations, as well as some relevant literature from other academic disciplines. Specific topics will include: (1) contexts in which a legal institution must determine whether a particular object is a work of "art" or art of a particular type; (2) artists' rights, including statutory and non-statutory moral rights and resale rights; (3) problems of authenticity; (4) the legal rights and duties of auctioneers, art dealers, and other intermediaries; (5) the legal structure of art museums, including issues of internal management and governance; (6) stolen art, including objects looted during World War II; and (7) developments in law and industry practice relevant to "cultural heritage," the association of particular objects with particular places or societies.

Students will be required to participate in class discussions, and will have the option of writing a 25-30-page research paper OR taking a take-home exam. Paper topics must be approved by the instructor, who will be glad to make suggestions (some of which will involve local field research).

There are no prerequisites for the course. Although some background in intellectual property (copyright and trademark law) would be helpful, none is required. A set of readings will be distributed prior to the first meeting of the class. Before then, a complete updated syllabus will be posted.

203

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

This course presents the fundamentals of business strategy to a legal audience. The course is designed to introduce a wide variety of modern strategy frameworks and methodologies, including methods for assessing the strength of competition, for understanding relative bargaining power, for anticipating competitors' actions, for analyzing cost and value structures, and for assessing the potential for firm growth through innovation. Although the case studies will span a variety of different industries, there will be an emphasis on high technology firms. The ideas in this course have relevance to anyone seeking to manage a law firm, advise business clients, engage in entrepreneurship, or lead a large company.

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

Students enrolled in Business Strategy must (a) have previously taken or be concurrently enrolled in Analytical Methods OR (b) have taken an undergraduate course in economics. Students that currently hold an MBA or are enrolled in the JD-MBA program may not take this course. THIS IS A FAST TRACK COURSE.

205

Antitrust 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • PIPS elective
  • Fall 20
  • Spring 22
  • Spring 23
  • Final Exam

This course covers the fundamentals of United States antitrust law as well as the underlying legal and economic theory. Topics include (i) horizontal restraints of trade such as cartels, oligopolies, and joint ventures; (ii) monopolization and the conduct of dominant firms; (iii) vertical restraints of trade between suppliers and customers such as resale price maintenance, territorial and customer restrictions, tying arrangements, exclusive dealing contracts, bundled and loyalty pricing; (iv) mergers; and (v) the intersection between antitrust and other areas of law, such as procedure, intellectual property, and the First Amendment.

A final exam will be offered.

206

International Arbitration 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Spring 21
  • Spring 22
  • Fall 22
  • Final Exam

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through arbitration. This course introduces students to the law and practice of international arbitration. Among other things, the course will consider the formation and enforcement of arbitration agreements; the conduct of arbitral proceedings; the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; the strategic issues that arise in the course of international arbitration proceedings; and the practical benefits (and disadvantages) of arbitration.

207

Sports and the Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam

Sports occupies a central place in modern society. It constitutes a significant sector in the economy and an important form of cultural expression. This course examines the legal relations among the various parties in sports at both the professional and amateur levels. Particular attention will be given to the importance given to the maintenance of competitive balance and its impact on traditional notions of competition that apply in other business settings. Contracts law, antitrust law, and labor law provide the essential core for the investigation of issues in this course. In addition, this course seeks to provide an informed perspective on the financial and business structures that define the industry.

210

Business Associations 4
  • JD elective
  • LLM-LE (JD) required
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Final Exam

This course surveys the law providing ground rules for the organization, internal governance, and financing of corporations and other forms of business associations such as partnerships and limited liability companies. Topics include limited liability, fiduciary duties, shareholder voting, derivative suits, control transactions, mergers and acquisitions, public contests, and trading. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on business associations, among others.

218

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

This course provides an overview of comparative law. We will learn about the differences and similarities, both real and perceived, between different legal orders. We will compare both civil law and common law systems, and authoritarian and liberal legal systems. This course also features guest lectures given via Zoom by professors from Yale, Virginia, and other institutions.

Evaluation: class participation: 20%, students will be on call roughly every three sessions; paper(s): 80%. Students can choose to write six response papers (five pages each), or a research paper alone or together (30 pages minimum for sole-authored papers). For co-authored papers, each co-author will receive the same grade for the same paper.  A research paper can focus on one country or compare different legal systems. Students should submit their research paper proposal by Sept. 23, which explains their research question, methods and plan including distribution of labor among co-authors for co-authored papers. Finalized paper is due on December 16. The instructor keeps the discretion of approving or not approving a research paper proposal. Sole-authored research papers are also qualified to satisfy JD students’ writing requirements, if they so choose. 

225

Criminal Procedure: Adjudication 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam

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

226

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

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

227

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

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

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

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

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

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

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

229

State and Local Government Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Spring 21
  • Final Exam
  • In-class exercise
  • Class participation

Much of the business of governing takes place at the state and local level, rather than on the federal level. Competent attorneys must consider the effect that various state and local actors will have on their clients' interests, whether they represent large corporations, small franchises, or individuals. This course is designed to offer an overview of the issues concerning state and local governance from both a theoretical and practical perspective. The course will acquaint students with the broad issues surrounding state and local government, rather than focus on any particular state or municipality. Among the topics of discussion: state constitutional law, structure, and rights; distribution of authority between federal, state, and local governments; federal, state, and local government coordination and conflict; issues surrounding state and local provision of services and employment; state and municipal governance and oversight, and the role of localism and direct democracy in our constitutional structure. Evaluation will be based on class participation, class exercises, and an examination.

231

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

Large, multi-jurisdictional law firms face complex issues of regulation and professionalism. Managing and solving those issues require keen analytical, litigation, and transactional drafting skills. This course will offer an opportunity to practice those skills while gaining a background in the law governing lawyers. Students will participate in a two-credit, experiential seminar that can be used for either ethics or experiential credit.

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

232

Employment Discrimination 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Final Exam

A study of the law of employment discrimination, focusing mainly on the federal law that prohibits discrimination based on race, sex, age, religion, and disability. Issues of both practice and theory are discussed.

235

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

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

236

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

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

    237

    Ethics of Social Justice Lawyering 2
    • JD elective
    • JD ethics
    • IntlLLM NY Bar
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    • Spring 22
    • Spring 23
    • Final Exam
    • Reflective Writing
    • Class participation

    This course examines Professional Responsibility as it applies to representing poor and/or underrepresented clients (in criminal and civil cases), as well as to lawyering for social justice causes, through impact litigation and other means. We will explore the substantive law of Professional Responsibility, focusing on ethical challenges frequently encountered in social justice representation (e.g., representing clients who are uneducated or culturally different than the attorney, practicing with limited resources in an environment of many unmet legal needs, defining who the client is when representing a group or cause, and the tensions created when the requirements of Professional Responsibility are at odds with the attorney's personal morality or vision of social justice).  While we will work mostly from the ABA Model Rules of Professional Conduct, required reading will also include scholarship on the unique ethical and moral dilemmas of social justice lawyers, and students will be encouraged to think critically about the rules of Professional Responsibility and their application in social justice contexts.  Throughout the course, we will consider and practice the lawyering skills needed to ethically represent clients and social causes, through in-class resolution of hypotheticals and experiential learning, such as simulations or role-playing.   Several practicing, social-justice attorneys will join us to guest-speak.

    238

    Ethics and the Law of Lawyering 2
    • JD elective
    • JD ethics
    • IntlLLM NY Bar
    • IntlLLM/SJD/EXC elective
    • Fall 20
    • Spring 21
    • Fall 21
    • Spring 22
    • Fall 22
    • Spring 23
    • Final Exam
    • Reflective Writing
    • Practical exercises
    • Class participation

    This course examines in detail the "law of lawyering" relating to such issues as the formation of the attorney-client relationship, confidentiality, communications with clients, conflicts of interest, regulation and discipline of attorneys, and numerous other areas relating to the lawyer's role in American society. In addressing these issues, we will consider the extent to which the law governing lawyers derives from the concept of a learned profession, as well as the degree to which the ethics of lawyering may differ from personal ethics and morality. While particular attention will be paid to the ABA Model Rules of Professional Conduct, the class will also examine other sources of relevant law, including the Restatement (Third) of the Law Governing Lawyers, court decisions and rules, statutes, and administrative regulations.  Grading is based on a final examination, written work relating to casebook problems and reflections on current issues in legal ethics, and class participation.

     

    239

    Ethics and the Law of Lawyering in Civil Litigation 2
    • JD elective
    • JD ethics
    • IntlLLM NY Bar
    • IntlLLM/SJD/EXC elective
      • Final Exam
      • Practical exercises

      This course examines the principles of legal ethics and professionalism. Our focus will be on identifying and responding to the key issues faced by a civil litigator, and on the model rules of professional conduct, case law, and ethics opinions that a lawyer must consider in resolving such issues. Topics include the formation and termination of the attorney client relationship, conflicts of interest, and communications with the court and opposing counsel through the discovery and trial process. We will examine the balancing of the duty of advocacy with the duty to the administration of justice. We will also explore issues such as admissions, discipline, and common law firm associate dilemmas such as billing and changing law firms. During the semester, students will prepare two short (3-5 pp) memoranda. There will also be an open book in-class exam at the end of the semester.

      240

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

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

      242

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

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

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

      242W

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

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

      The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement. You must email Professor Gordon or McCoy by the end of the Registration Period and after enrolling in 242 Social Justice Lawyering if you would like to seek this additional credit; there are very limited spots, which will be awarded on a first-come, first-served basis.

      244

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

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

      245

      Evidence 4
      • JD elective
      • IntlLLM NY Bar
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Fall 20
      • Spring 21
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • Final Exam
      • Class participation

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

      250

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

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

      255

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

      An introduction to federal income taxation, with emphasis on the determination of income subject to taxation, deductions in computing taxable income, the proper time period for reporting income and deductions, and the proper taxpayer on which to impose the tax

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

      260

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

      Many attorneys are required to evaluate financial data, notably financial statements from corporations, on a regular basis. The need is not limited to corporate attorneys; indeed litigators in securities, antitrust, malpractice, or general commercial litigation frequently must analyze financial information. This course serves to both introduce basic accounting principles and practices and their relationship to the law, as well as to study a number of contemporary accounting problems relating to financial disclosure and the accountant's professional responsibility. Students with accounting degrees, MBAs or who have taken more than a couple of accounting courses are not permitted to enroll. Also, Business Essentials may not be taken concurrently with this course.

      265

      First Amendment 3
      • JD elective
      • IntlLLM NY Bar
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Spring 21
      • Fall 21
      • Fall 22
      • Final Exam

      This course examines the legal doctrines, theories, and arguments arising out of the free speech and religion clauses of the First Amendment.

      270

      Intellectual Property 4
      • JD elective
      • LLM-LE (JD) required
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • IntllLLM IP Cert
      • Fall 20
      • Spring 21
      • Fall 21
      • Spring 22
      • Spring 23
      • Final Exam

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

      275

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

      This course offers a general introduction to the international legal system and provides a foundation for more specialized courses. Topics covered include the sources, actors and institutions of international law; the application of international law by U.S. courts; adjudication by international tribunals; the extraterritorial application of domestic law; and an introduction to specific topics, such as human rights, international criminal law, international trade and investment, environmental protection, and the use of force.

      285

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

      The course examines the basic principles of labor law: a body of rulings, regulations, and legislative acts governing the rights of workers to form a union and collectively bargain over workplace terms and conditions. It focuses on the major federal legislation in this area - the National Labor Relations Act - as opposed to other laws governing workplace conduct (wage-hour, anti-discrimination, etc.), state laws, or those pertaining to public sector employees. The class covers the history of the Act, who is covered under its provisions, the jurisdiction of the National Labor Relations Board and judicial review of its actions, how unions are formed, collective bargaining, unfair labor practices and the procedures to remedy same, and economic weapons used in labor disputes (strikes, boycotts, lock-outs, etc.). The class also analyzes labor law from a multi-disciplinary perspective, with attention given to race, psychology, economic history, politics, and emerging cultural and social trends (the rise of social media as a means of union organizing, for example). It is taught using a combination of lecture, case analysis, and classroom simulations. It is the goal of this course to provide the student a firm grounding in the basics of labor law, with a practical appreciation of the passions labor conflict generates.

      Labor law lends itself to lectures, discussions, and practical exercises, so your participation in and out of class is important and will be considered in your final grade. 

      287

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

      This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. It is intended to provide a solid conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice.

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

       

      288

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

      This course uses consumer bankruptcy as a lens to study the role of consumer credit in the U.S. economy and society. The class will focus on the key aspects of the consumer bankruptcy system, including who files bankruptcy, what causes bankruptcy, the consequences of bankruptcy, and the operation of the bankruptcy system. We will discuss each of these issues in the larger context of consumer debt and consumer law, and will also cover the foreclosure crisis, student loans, and issues related to debt, race, and gender. The readings will come from law and non-law sources, including the work of a variety of social scientists.

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

      290

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

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

      295

      Trusts and Estates 3
      • JD elective
      • IntlLLM NY Bar
      • IntlLLM/SJD/EXC elective
      • Spring 21
      • Spring 22
      • Spring 23
      • Final Exam
      • Class participation

      An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

      298

      Ocean and Coastal Law and Policy 2
      • JD SRWP, option
      • JD elective
      • LLM-ICL (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing, option
      • IntlLLM Environ Cert
      • PIPS elective
      • Fall 20
      • Fall 21
      • Fall 22
      • Reflective Writing
      • Research and/or analytical paper
      • Group project(s)
      • Oral presentation
      • Class participation

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

      302

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

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

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

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

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

      304

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

      Banking has evolved rapidly in just a few years. Global trade and investment have been supported and promoted by an emerging global financial system. This has in turn encouraged the growth of giant universal banks, based in the United States, the United Kingdom, mainland Europe, China and Japan. Most modern banks of any significant size (greater than $100 billion in total assets) have transnational and often truly global operations, but they also create major new risks and regulatory challenges. The debate over big banks and "too big to fail" concerns continued to be an important public policy concern in the 2016 Presidential election campaign and is certain to be so for the 2020 election. Since the Global Financial Crisis of 2008, the largest in a long run of domestic and international crises since the Great Depression of the 1930s, a new Dodd-Frank framework has been emerging. This framework has fundamentally changed the way in which such financial institutions are regulated. After more than a decade of reform, however, the framework remains controversial, at least in the United States, and executive and congressional efforts to reverse the Dodd-Frank and Basel models were deployed under the previous Administration, with some success. This controversy has now become more complicated in light of actions taken by the Treasury Department and the Fed to address financial and economic difficulties inflicted by COVID-19. Climate change is also starting to have a deep impact on financial markets, and this in turn is shaping some of the actions of regulators and banks. The walls between the three main sectors of finance - banking, securities and insurance - have broken down, yet at their core banks continue to be somewhat unique in their functions and the challenges they present for financial stability.

      This course will review all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and future challenges and prospects for global and domestic financial reform. 

       

      306

      Corporate Crime 4
      • JD elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Fall 21
      • Fall 22
      • Final Exam
      • Class participation

      This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice. The course will give students a first exposure to: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers and employees involved in potential criminal violations (and certain civil analogues), and the law that governs those processes; and (2) the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context.

      This field is large, complex, and developing rapidly. This course therefore can cover only a selection of topics, and will emphasize policy and the need to confront gaps and uncertainty in doctrine. As there is no unitary body of black letter law in this field, students should not expect this to be that form of law course. Coverage is likely to include mail and wire fraud, perjury and obstruction of justice, securities fraud (including insider trading and accounting fraud), the Foreign Corrupt Practices Act, corporate criminal liability, grand jury powers and procedure, representation of entities and individuals, the Fifth and Sixth Amendments in the corporate context, plea and settlement agreements, and sentencing.

      The materials consist of a newly published text, which is the outgrowth of former course packs. The text will be available in bound book form for approximately $28 through Amazon, or in pdf form at no charge from the course website. There may be occasional handouts. Assigned readings average 30 pages per class meeting, with less case law and more fact-based practice documents, problems, and commentary than with a typical case book. The grade will be based primarily on a floating take home exam, with some weight given to class participation.

      307

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

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

      312

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

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

      313

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

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

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

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

       

      314

      Federal Habeas Corpus 3
      • JD elective
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Fall 20
      • Final Exam
      • Midterm
      • Practical exercises
      • Class participation

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

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

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

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

      315

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

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

      316

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

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

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

      317

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

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

      319

      Analytical Methods 2
      • JD elective
      • LLM-LE (JD) required
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Fall 20
      • Fall 21
      • Fall 22
      • Final Exam
      • Practical exercises
      • Class participation

      Lawyers face non-legal, analytical issues every day. Business lawyers need to understand a business in order to represent their client properly. Litigators need to judge the best route in adopting a litigation strategy. Family lawyers routinely need to value a business. Environmental lawyers need to understand economic externalities. Social lawyers need familiarity with financial instruments that have positive and negative attributes. Students taking this course will find it foundational in running a business, advising a business, or litigating business matters that go beyond the strict letter of the law. In this sense, this is not your standard doctrinal law school course. Rather, it is designed to give students the tools necessary to interact with the business community and run a company or firm.

      The areas of focus include:

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

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

      320

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

      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 laws and regulations governing the institutions who allocate water resources. We will also discuss the Safe Drinking Water Act and how environmental justice relates to water resource management.

      321

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

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

      322

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

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

      323

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

      The course will focus on the process by which a corporate debtor reorganizes under the provisions of Chapter 11 of the Bankruptcy Code. Prior familiarity with bankruptcy principles and debtor-creditor law is not required. These will be incorporated in the course as it unfolds. Some familiarity with business organization is helpful but not necessary.

      The subject will be covered primarily from three perspectives: the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its potential to rehabilitate through a plan of reorganization; the supervision of a debtor by the bankruptcy court; and the reality that virtually all commercial transactions and financial contracting occur in the “shadow” of bankruptcy law and its potential to alter rights and obligations.

      Topics to be covered include historical, Constitutional, and policy issues underlying Chapter 11's provisions and goals; overview of basic business structures and transactions bearing on Chapter 11 reorganization; alternatives to avoid Chapter 11; the powers and oversight role of the bankruptcy court and the obligations and governance of a corporate debtor when under the protection of the bankruptcy court; the major phases of a Chapter 11 case from initial filing to consummation of a plan of reorganization (e.g., formulation of a business plan and the plan of reorganization, claims procedures and classification, plan disclosure and voting, plan confirmation, discharge, and consummation); recovery and disposition of assets in Chapter 11, including asset sales, and avoidance remedies; and numerous special topics encountered in Chapter 11 practice.

       

      325

      Corporate Finance 3
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Fall 22
      • Final Exam
      • Practical exercises
      • Class participation

      This course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has blurred. Whether negotiating a merger agreement, acquisition, or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side-by-side. Lawyers with an appreciation of the basics of corporate finance gain a distinct advantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages.

      Topics include: the time value of money; the relation between risk and return; the workings and efficiency of capital markets; behavioral finance; valuing perpetuities and annuities; valuing corporate securities (stock, bonds, and options); valuing businesses as a going concern; optimal capital structure and dividend policies; debt covenants and other lender protections; derivatives; and the application of these principles to legal practice.

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

      326

      Corporate Taxation 3
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • Final Exam
      • Class participation

      A study of the provisions of the Internal Revenue code governing the tax effects of the major events that occur in the life span of a corporation, including the taxation of distributions to shareholders and the formation, reorganization, and liquidation of corporations.

      No papers are required, but class participation is expected. Students interested in taxation should take this course; it also has application to general corporate practice (mergers and acquisitions).

      It is strongly recommended that students take Business Associations before taking Corporate Taxation

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

      327

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

      The course will examine the legal framework governing energy production and consumption in the United States, and policy approaches for balancing energy needs with other societal goals. The course will include three main modules: (1) electricity sector regulation; (2) energy resources for electricity generation; and (3) oil and gas law. Key themes will include:

      (1) The historic origins of public utility regulation;
      (2) The major U.S. laws that govern energy production and use;
      (3) The distinct roles of the federal and state governments; and
      (4) Efforts to manage competing societal interests

      Final grades will be comprised of the following:

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

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

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

      329

      Education Law 2
      • JD SRWP
      • JD elective
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Spring 22
      • Research paper, 25+ pages
      • In-class exercise
      • Class participation

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

      330

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

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

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

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

      Points/Approximate percentage of final grade

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

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

      Advocates:

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

      Judges:

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

      331

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

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

      333

      Science Law & Policy 3
      • JD elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Environ Cert
      • IntllLLM IP Cert
      • Fall 20
      • Fall 21
      • Fall 22
      • Final Exam
      • Reflective Writing
      • Practical exercises
      • In-class exercise
      • Class participation

      What are the government policies that support science? How is science regulated and controlled? What can science contribute to law and policy? How do the states, the federal government and international agencies interact to set science policy? How do disparate regulations and law impact research and translation? How is scientific research funded? These questions and more will be explored by looking at the interaction of law, science, and policy. The class is a mix of law, ethics and science students, and learning how to talk to one another in a common language is an important element of the course. Classes will include consideration and analysis of cases studies. There are no prerequisites for the course and there is no requirement that students have either graduate or upper-level undergraduate training in the sciences. Course evaluation (i.e. your grade) will be based on class participation and a final exam.

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

      334

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

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

      335

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

      The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention since the global financial crisis of 2008-2009. Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality. This course introduces private equity and hedge funds from the perspectives of finance, regulation, and legal practice, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise. Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments, and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform. Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.

      Prerequisites: Students must have previously completed or be concurrently enrolled in Business Associations or an introductory course on business organizational law/company law taken at another law school (whether in the U.S. or abroad). Prior coursework in securities regulation and taxation may be useful, but is not required.

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

      336

      Mergers & Acquisitions: A Practitioner's Perspective 2
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • Final Exam
      • Group project(s)
      • Class participation

      This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

      339

      Law and Literature 3
      • JD elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing, option
      • Fall 20
      • Fall 21

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

      342

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

      The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

      343

      Federal Courts I: Constitution & Judicial Power 3
      • JD elective
      • IntlLLM NY Bar
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Fall 20
      • Fall 21
      • Final Exam

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

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

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

      344

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

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

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

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

      347

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

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

      350

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

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

      351

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

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

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

      353

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

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

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

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

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

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

      The areas of focus include:

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

      Course Materials

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

      Course Requirements

      1. Class Attendance and Preparation

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

      2. Problem Sets

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

      3. Examinations

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

      4. Grading

      Final course grades will be determined by the following allocation:

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

      5. The Honor Code

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

      6. Prerequisites

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

      358

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

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

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

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

       

      359

      Introduction to Law and Economics 3
      • JD elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 22
      • Spring 23
      • Final Exam

      Law and economics is one of the most influential schools of thought in modern legal theory. The ideas propounded by the economic analysis of law are gaining increasing traction in court decisions as well as in legal policy. This course explores the methodology of economic analysis in the legal context and discusses several of its provocative insights. This course will examine the major contributions of the economic analysis of law in the classical common law categories of contract, tort and property, as well as in other areas that may not initially appear to be amenable to economic reasoning. The course does not require any background in economics.

      Grades: 100% of the grade will be based on the final exam.

      360

      International Taxation 2
      • JD elective
      • LLM-ICL (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • Final Exam

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

      361

      International Trade Law 3
      • JD elective
      • LLM-ICL (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Environ Cert
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • Final Exam
      • Class participation

      International trade and the World Trade Organization attract a lot of attention and debate. Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians – even ones who purportedly support free markets – often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? In this course, we will examine why the WTO exists, how it developed from the GATT and how it fits in the international economic order (Part I). The course will offer you an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example on trade remedies (subsidies, anti-dumping and safeguards). From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases (Part II). It will conclude by examining U.S. trade law – particularly the widely-used trade remedies laws – and assessing not only the practice of international trade law in the United States, but also whether these laws actually achieve their supposed policy objectives (Part III). Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam.

      363

      Legislation and Statutory Interpretation 3
      • JD elective
      • IntlLLM/SJD/EXC elective
      • Spring 22
      • Final Exam

      Legislation is one of the most important forms of law in modern American society. Indeed, it has been said that we are living in an 'age of statutes.' Almost every aspect of legal practice involves construction of statutes, whether defining the jurisdiction of the courts or establishing the norms to which society must conform. In this course, we will examine the legal theory and practice of the making and enforcement of statutes. The course will begin with a study of the legislative process, with special attention to theories that seek to understand why some bills succeed where others fail. The next unit of the course will consider statutes as a unique source of law, comparing them to the common law and the Constitution. We will then move to the heart of the course, which will focus on how judges and other legal actors (agencies, enforcers, etc.) interpret statutes. There will be a take-home final for this course.

      367

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

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

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

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

      368

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

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

      369

      Patent Law and Policy 3
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • IntllLLM IP Cert
      • Fall 20
      • Fall 21
      • Fall 22
      • Final Exam

      This course provides a comprehensive introduction to patent law and policy. No technical background is required. The course begins by addressing the history of patents as well as the policy arguments for and against using patents as a mechanism for inducing innovation. Following this introduction, students learn the basics of patent drafting and prosecution, patent claims, and claim construction. The class then addresses in depth the central patentability criteria of subject matter, utility, nonobviousness, and disclosure. Other topics of importance that are covered in the class include: the relationship between patents and other forms of intellectual property protection, particularly trade secrecy and copyright; the intersection of patent and antitrust law; the role of the two major institutions responsible for administering the patent system, the Patent and Trademark Office and the Court of Appeals for the Federal Circuit; and the role of patents in the two major industries of the knowledge-based economy, information technology and biotechnology.

      370

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

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

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

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

      376

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

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

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

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

      379

      Partnership Taxation 2
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Fall 21
      • Fall 22
      • Final Exam

      The course will cover the tax implications of organizing and operating businesses as partnerships for tax purposes, investing in tax partnerships and acquisitions and dispositions of partnership interests. Partnership Tax is offered in fall semester only.

      Partnership Tax is offered in fall semester only.

      380

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

      This one-credit legal research seminar introduces students to sources and strategies for researching international, foreign, and comparative law. We cover multiple research techniques while exploring freely available and subscription-based access to both primary and secondary sources. Topical coverage includes treaty law, international and regional organizations, international courts and tribunals, and foreign legal research. Assignments will reinforce practical research strategies and processes, and students will practice evaluating print and online sources in a changing information environment. This is a required spring course for students enrolled in the J.D./LL.M. in Comparative and International Law, and open to other students (2L, 3L, and LL.M) during the fall term. The class will meet for eight 90-minute sessions. Grades will be based on take-home exercises, class participation, and a final research project.

      384

      Securities Regulation 4
      • JD elective
      • LLM-LE (JD) required
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • Final Exam

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

      390

      Structuring and Regulating Financial Transactions 3
      • JD elective
      • IntlLLM NY Bar
      • IntlLLM/SJD/EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • Final Exam

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

      393

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

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

      399

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

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

      400

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

      This clinical course focuses on people living with serious illness. Student attorneys are the primary legal representatives for clients living with HIV, cancer, and other serious health conditions. Students may also work on policy or community education projects related to health and the law. Faculty supervisors provide back-up, training, coaching, and regular feedback as students handle cases involving access to health coverage (Medicaid, Medicare, private insurance), income (disability benefits and employment), end-of-life planning (wills, advance directives), job accommodations, and discrimination. Students may also work on cases involving health information privacy, planning for the future care of children (guardianship), and name changes and health insurance for transgender clients. In assigning cases, faculty strive to honor students' interests.

      Students engage with clients from diverse backgrounds whose lives have been disrupted by serious illness, including people living in poverty, those who have experienced the financial toxicity of illness, members of the LGBTQ community, and people struggling with addiction or mental illness. Although many of our clients are facing serious health and/or life challenges, students consistently remark on their clients’ resilience and gratitude, and value the experience of having a tangible impact on client's lives.

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

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

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

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

      Clinics Enrollment Policy

      Important:

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

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

      Ethics Requirement

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

      401

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

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

      405

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

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

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

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

      416

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

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

      Important:

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

      Ethics Requirement

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

      420

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

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

      421

      Pre-Trial Litigation 2
      • JD elective
      • JD experiential
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Fall 20
      • Spring 21
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • Practical exercises
      • In-class exercise
      • Class participation

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

      Topics  include:

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

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

      422

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

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

      425

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

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

      427

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

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

      Clinics Enrollment Policy

      Important:

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

      Ethics Requirement

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

      429

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

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

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

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

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

      Important:

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

      435

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

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

      Important:

      This course may not be dropped after the first class meeting.

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

      Ethics Requirement

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

      437

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

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

      Enrollment Pre-/Co- Requisite Information

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

      441

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

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

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

      Important:

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

      Ethics Requirement

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

      443

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

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

      Clinic Enrollment and Credit Policies

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

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

      Ethics Requirement for Law Students

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

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

      460

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

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

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

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

       

      465

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

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

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

      468

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

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

      470

      Poverty Law 3
      • JD elective
      • IntlLLM/SJD/EXC elective
      • PIPS elective
      • Spring 21
      • Fall 21
      • Fall 22
      • Final Exam

      This course provides an introduction to the relationship between law and poverty, including the relevance of legal doctrine, policy and practice to the significant inequality in income, assets and basic social goods impacting tens of millions of people in the United States.

      We will begin by considering historical and contemporary trends in domestic poverty, U.S. social welfare policy, the legal framework under which poverty-related claims have been adjudicated, and the role of lawyers in combatting poverty.

      Grounded in poverty data, policy arguments, legal doctrine and practice, we will explore modern government anti-poverty programs and issues such as welfare, work, housing, health, education and criminalization.

      We will conclude by considering non-governmental approaches to combating poverty, including market-based solutions and international human rights, with an emphasis on the role of law, lawyers and legal institutions in such efforts.

      Drawing on the rich expertise of those in Durham and beyond, we will occasionally be joined by guest speakers. The primary textbook for the course is Poverty Law, Policy and Practice (Aspen/Wolters Kluwer, 2014).

      471

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

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

      473

      Scholarly Writing Workshop 3
      • JD SRWP
      • JD elective
      • IntlLLM/SJD/EXC elective
      • IntlLLM writing
      • Fall 20
      • Spring 21
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • Research paper, 25+ pages
      • Class participation
      • Other

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

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

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

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

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

      475A

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

      Focus: Health Data and Learning Health Networks 

      Data Governance 


      Data-savvy lawyers and practitioners must be able to work across disciplines, solve modern problems, and steward organizations of all stripes through digital issues. This course focuses on digital governance: how organizations and communities make decisions about data, code, their missions, and their membership, and how those decisions can break down or reinforce systems of structural exclusion. 

      Here, students will learn how to design, build, and govern effective data communities. They will navigate realistic scenarios and attempt to build equitable collaborations around shared missions and values. And they will use the tools of the law to build policies, procedures, and accountability structures to ensure that stakeholder communities’ data is protected and productive, and that data outputs accrue to the benefit of all. 

      Health Data and Learning Health Networks
       
      In this simulation class, law and graduate students will attempt to organize and govern a health data collaboration. Students will work with each other and industry mentors to role-play as hospital administrators, principal investigators, and patient advocates, and decide whether and how to collaborate and share data with one another. 

      This class will go beyond negotiating a data-sharing agreement between multiple parties. Students will need to decide who should be involved in their collaboration, how it should be governed, how it should manage risks, and what policies and procedures should be in place to run the collaboration, keep data safe, and maintain trust among community members. Finally, using the governance models you’ve designed, students will make decisions about data-sharing and other scenarios. 

      In addition to the simulation, the class will include a series of short guest lectures on health data and data governance from leaders in the field.As this set of technologies rapidly emerges, we must consider the extent to which we allow regulation and government intervention, balancing the maintenance of social norms against the need to let a nascent technology innovate. Moving forward, as decentralized networks possibly replace centralized systems, we must find ways to maintain rule of law through appropriate legal and regulatory levers. This course aims to help each of us become active participants in these endeavors.

      476

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

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

      478

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

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

      480

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

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

      493

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

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

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

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

      500

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

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

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

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

      501

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

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

      502

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

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

      503

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

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

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

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

       

      504

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

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

      505

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

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

        506

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

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

        507

        Federal Indigent Defense in Practice 2
        • JD elective
        • JD experiential
        • IntlLLM/SJD/EXC elective
        • PIPS elective
        • Fall 21
        • Fall 22
        • Simulated Writing, Litigation
        • Reflective Writing
        • Practical exercises
        • Class participation

        The Sixth Amendment guarantees “the right of the accused to require the prosecution’s case to survive the crucible of meaningful adversarial testing.”  United States v. Cronic (1984).  Federal defenders, along with the more than 12,000 private ‘panel attorneys’ appointed under the Criminal Justice Act, represent the vast majority of individuals who are prosecuted in federal court. 

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

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

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

        510

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

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

        511

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

        “An international crime,” wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law. Such a branch of international law does not exist." This course will begin by probing the concept of international criminal law. What does it mean to say that certain conduct constitutes an "international crime"? What are the objectives of such a legal regime? We will then examine the law of genocide, war crimes, crimes against humanity, and aggression, as well as “treaty crimes,” such as terrorism offenses. Particular attention will be focused on the question of jurisdiction over such offenses in national courts and international tribunals,” and on immunities to such jurisdiction.

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

        512

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

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

        512W

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

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

        514

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

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

        515

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

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

        518

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

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

        519

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

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

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

        520

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

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

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

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

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

        523

        Law of the Sea 1
        • JD elective
        • IntlLLM/SJD/EXC elective
        • IntlLLM Environ Cert
        • IntlLLM Business Cert
        • PIPS elective
        • Spring 22
        • Reflective Writing
        • Class participation
        Updated: November 12, 2021

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

        During our short time together (we should complete this fast-track course before spring break) we will seek to cover the breadth of this wide-ranging area of international law while also diving deep into specific topics. Like the law of the sea, the course will emphasize the jurisdictional zones that have been created over centuries of practice, adjudication and codification, and which dictate and have been shaped by the balance of coastal state and flag state interests in ocean uses and resources.

        Our deep dives will be guided in part by your specific interests, and could cover issues such as fisheries; deep seabed mining and oil and gas extraction; marine environmental protection; dispute settlement; baselines, limits and boundaries; submarine pipelines and cables; piracy, terrorism and military activities; or shipping, salvage and shipwrecks.

        Weekly readings will come from academic journals, popular press sources, treaty texts, case decisions and textbook excerpts. In order to participate in class discussion, assigned material must be read in advance of our meetings. Students will submit short papers (2-3 pages) addressing each week’s reading for six of our seven meetings, excluding our first. Grades will be based on class participation (50%) and the six short papers (50%).

        525

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

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

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

        526

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

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

        529

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

        Corporate governance is a major policy issue in business regulation, and has increasingly become headline news in recent political debates. This course will discuss the major debates in corporate governance, the challenges for designing an optimal system for governing corporations, and the increasingly important role of lawyers in these policy debates. To that end, the course may host guest speakers with various backgrounds that have unique experience in corporate governance matters. The course will focus on a range of issues. For example, is shareholder activism by hedge funds and other institutional shareholders good for shareholder value, or does it promote short-termism? Are CEOs paid too much, and should their compensation be regulated? Do anti-takeover devices entrench managers or promote long-term strategic growth? Does state competition for corporate charters lead to a race to the top or the bottom? In discussing each of these topics, this course will consider whether corporations are best regulated by the government or market discipline. As part of the course, students will acquire the skills to review empirical studies, and evaluate the implications of these studies for legal policy and corporate practice. Business Associations is a prerequisite for this class (except for LLM students who are taking Business Associations in the same semester).

        530

        Entertainment Law 3
        • JD elective
        • IntlLLM/SJD/EXC elective
        • IntllLLM IP Cert

          A comprehensive introduction to the entertainment industry, this course explores how principles of intellectual property, media law, contract law, labor law and other areas inform the practice of entertainment law.  The course also focuses on learning practical legal and business skills such as structuring, drafting and negotiating financing, development, production and distribution deals in the motion picture, television, theater, publishing and digital media industries.

          531

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

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

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

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

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

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

          10%: Class Engagement

          No prerequisites are necessary.

          533

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

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

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

          537

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

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

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

          538

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

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

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

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

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

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

          539

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

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

          540

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

          This course takes students through the legal issues likely to present themselves in the lifecycle of a high growth company from inception through acquisition (the typical liquidity event). Startup Law exposes students to the types of issues, questions and documentation that they encounter as a lawyer for an entrepreneurial venture, but also from the perspective of the entrepreneur. The course is a survey of entrepreneurial law considerations and will discuss policy considerations as the material and current events dictate. While some of the content related to legal considerations from the perspective of company counsel is similar to Law 534 Advising the Entrepreneurial Client, this does not satisfy the requirements for the JD/LLMLE. Students who have taken Law 534 may not take this class.  Business Associations highly recommended as a prerequisite but may be taken as a co-requisite. Final grade based on exam and in class participation.

          541

          Nonprofit Organizations 3
          • JD SRWP, option
          • JD elective
          • LLM-LE (JD) elective
          • IntlLLM/SJD/EXC elective
          • IntlLLM Business Cert
          • PIPS elective
          • Fall 20
          • Fall 21
          • Fall 22
          • Final Exam, option
          • Research paper, 40 pages

          The subject of the course is the diverse sector of the economy composed of nonprofit organizations, and, in particular, the organizations that are tax-exempt under Section 501c3 of the Internal Revenue Code. Topics to be covered include their function and role in society; issues related to their formation, governance and regulation; the tax laws and regulations specific to exempt organizations; and policy issues regarding the sector.

          543

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

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

          543W

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

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

          544

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

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

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

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

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

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

          */

          545

          Urban Legal History 3
          • JD SRWP
          • JD elective
          • IntlLLM/SJD/EXC elective
          • IntlLLM writing, option
          • Fall 22
          • Research paper, 25+ pages
          • Class participation

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

          546

          International Law of Armed Conflict 3
          • JD SRWP, option
          • JD elective
          • LLM-ICL (JD) elective
          • IntlLLM/SJD/EXC elective
          • IntlLLM writing, option
          • PIPS elective
          • Spring 21
          • Spring 22
          • Spring 23
          • Reflective Writing
          • Research paper, 25+ pages
          • Oral presentation
          • Class participation

          This seminar will examine the international law of armed conflict, and it focuses on the jus in bello context. Students will consider the rationale for the key concepts of the law of armed conflict, and examine their practical application in various contexts. Case studies (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 60% of the grade) is required on a legal topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Substantial Research and Writing Project (SRWP) and possibly other writing requirements must obtain instructor. The remainder of the grade (40%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for this course is Gary D. Solis's The Law of Armed Conflict: International Humanitarian Law in War (3rd ed., 2021). This course will only be offered in the spring.

          548

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

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

          549

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

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

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

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

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

          550

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

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

          551

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

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

          Students have two options for completing the requirements of the course:  1) short (5-10 page) papers in response to at least six of the works presented, due in advance of the presentation; or 2) a longer research paper (roughly 30 pages) dealing with a topic of their choice related to the themes of the class.  Students who take the latter option could use the colloquium to satisfy the upper-level writing requirement. Contributions to class discussions will also be a component of the course grade.

          552

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

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

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

          555

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

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

          556

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

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

          558

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

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

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

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

          558W

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

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

          561

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

          This two-credit seminar will feature presentations (eight in total) of works-in-progress on a wide range of tax policy topics, by leading tax academics from law schools around the country. Although this is a two-credit seminar, it is scheduled for three hours per week on the weeks in which it meets. The seminar will meet during only two-thirds (approximately) of the weeks of the semester. More precisely, the first meeting will be on Thursday, February 3, after which the seminar will meet regularly for the remainder of the semester. On the weeks during which we consider the works-in-progress, the seminar will meet twice: first (on Tuesday) to discuss the paper prior to the arrival of its author, and a second time (on Thursday) to discuss the paper with the author. In addition, there will be an initial meeting (February 3) not in connection with a particular paper, and a final meeting (on Tuesday, April 12) also not in connection with a particular paper. Students will write reaction papers (of approximately three double-spaced pages) for seven of the eight works-in-progress. (Each student can choose which week not to write a reaction paper.) Grades will be based on the reaction papers and on contributions to the seminar discussions.

          562

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

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

          563

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

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

           

          566

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

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

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

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

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

          573

          Shaping Law and Policy: Advocacy and the Affordable Care Act 2
          • JD elective
          • IntlLLM/SJD/EXC elective
          • IntlLLM writing, option
          • PIPS elective
          • Fall 20
          • Fall 21
          • Reflective Writing
          • Research and/or analytical paper(s), 15-20 pages
          • Class participation

          This seminar will examine how legal advocacy shapes law and public policy at the federal level, with particular emphasis on the last decade+ of history under the Affordable Care Act (ACA). It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies. Each weekly seminar will focus on one or two of the health policy issues addressed in the ACA, across its various stages of development and evolution. Topics will include the individual mandate, Medicaid expansion, state waivers, insurance exchanges, insurance coverage requirements, and insurer risk protections, as well as broader legal issues involving administrative rulemaking, constitutional rights, federalism, statutory history, standing, and severability, Our class will examine how attorneys and their allies can play either offense or defense, or even switch roles, as the later stages of policy debates shift. The ACA provides an organizing context for illustrating how Washington-oriented attorneys and related legal advocates operate, while offering a quick introduction to a host of contemporary issues in health law and policy. The seminar will provide a balanced representation of efforts by ACA defenders, opponents, and those in-between as they engaged in various regulatory and litigation activities to advance, negate, or alter the law’s original intentions. Study of the diverse and often-shifting legal problems encountered by a single industry, particularly one as important and complex as health care, may appeal to students generally interested in public policy and in law and economics, not just health care, as well as those interested in sharpening their skills in legal advocacy through involvement in litigation and administrative rulemaking. Relatively early selection of potential paper topics is advised.   

          575

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

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

          576

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

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

          577

          Emerging Issues in Sports and the Law 2
          • JD elective
          • IntlLLM/SJD/EXC elective
          • IntlLLM writing
          • IntlLLM Business Cert
          • Spring 21
          • Spring 22
          • Reflective Writing
          • Research and/or analytical paper(s), 10-15 pages
          • Class participation

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

          578

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

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

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

            580

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

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

            581

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

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

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

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

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

            This course aims to provide you with an understanding of legal and policy issues raised by tech-driven financial innovation. You will learn about the critical legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments technologies, and financial account aggregators. In addition, you will learn how regulatory agencies in the U.S. are continually adjusting to the emergence of new financial technologies.

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

            582

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

            This fall-only survey course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture related to the U.S. security enterprise. The class will also examine related issues that arise "in the news." It is aimed not only at students considering a career in government or the military, but also for those headed to private practice who appreciate that the U.S.’s $778 billion defense budget, ($2 trillion in defense outlays worldwide), impact virtually all potential clients.

            The course includes analyzing the constitutional structure governing national security matters, and the role played by the three branches of government (with special emphasis on Presidential power). It will also examine governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues related to national security. In addition, homeland security issues (to include the domestic use of the armed forces), security-based travel restrictions, public health emergencies, civil-military relations, and the impact of national security issues on business transactions will be reviewed. The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020) ISBN9781543806793 as well as the National Security Law and Counterterrorism Law 2022-2023 Supplement. Other materials may be provided as necessary. The instructors will offer practical, real-world perspectives on the issues discussed based on their extensive careers in government.

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

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

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

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

            585

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

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

            586

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

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

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

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

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

            587

            Race and the Law 3
            • JD elective
            • IntlLLM/SJD/EXC elective
            • PIPS elective
            • Spring 21
            • Reflective Writing
            • Research and/or analytical paper(s), 10-15 pages
            • Class participation

            This seminar will examine the social, political, and legal forces that shape race relations in the United States. Using interdisciplinary materials, participants will engage three core questions:  (1) what would an anti-racist society look like; (2) what should and can be done about the carceral state; and (3) how do we address challenges inherent in concepts like allyship, representation, and intersectionality. The seminar will include a speakers’ series in which leading experts and commentators will assist seminar participants to think through these pressing questions.  Evaluation will consist of class attendance and participation, reflection papers, and a final project directed toward devising solutions. Participation from a diverse group of students is encouraged. 

            588

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

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

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

            590

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

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

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

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

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

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

            591

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

            The Course will:

            • Provide an overview of development challenges in Low and Middle-Income Countries - exacerbated by the COVID-19 pandemic - and the shared global responsibility under the UN Agenda 2030 to reconcile economic, social, and ecological objectives.
            • Focus on the roles of and partnerships between actors of development finance, such as government agencies, multilateral development banks, foundations, NGOs, and the private sector, particularly impact investors.
            • Familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms.
            • Address critical views on aid effectiveness.
            • Highlight policies in developed countries in conflict with the objectives of development assistance.

            Requirements for one credit:

            • Two 3-page essays: the first to be submitted on or before September 14, 2022 (15% of final grade); the second to be submitted on or before October 4, 2022 (15% of final grade)
            • One 10-page paper to be submitted on or before December 2, 2022 (40% of final grade)
            • Active participation in class discussions (30% of final grade)
            • There will be no final exam

            Requirements for a second credit (optional):

            • Online presentation to professor of approx. 25 minutes
            • Topic in the field of Development Finance proposed by student
            •  Time of presentation between November 7th and 25th, 2022 (date to be determined by student and professor)
            • Written outline (not full text) and bibliography of presentation to be submitted to professor no later than three days prior to presentation
            • Separate grade

            591P

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

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

            Requirements for a second credit:

            • Online presentation to professor of approx. 25 minutes
            • Topic in the field of Development Finance proposed by student
            • Time of presentation between November 7th and 25th, 2022 (date to be determined by student and professor)
            • Written outline (not full text) and bibliography of presentation to be submitted to professor no later than three days prior to presentation
            • This credit will be graded separately from the seminar and on the numerical scale.

            592

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

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

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

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

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

            593

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

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

            598

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

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

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

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

            605

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

            In this speakers series, leading experts and commentators will offer thoughts on pressing questions shaping race relations, including: 1) what would an anti-racist society look like; (2) what should and can be done about the carceral state; and (3) how do we address challenges inherent in concepts like allyship, representation, and intersectionality. Evaluation will consist of class attendance and participation and reflection papers. Participation from a diverse group of students is encouraged. Credit/No credit

            611

            Readings 1
            • JD elective
            • IntlLLM/SJD/EXC elective
            • PIPS elective
            • Fall 20
            • Spring 21
            • Fall 21
            • Spring 22
            • Fall 22
            • Reflective Writing
            • Class participation

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

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

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

            611AB

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

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

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

            617

            Environmental Law Readings Workshop 0.5
            • IntlLLM/SJD/EXC elective
            • IntlLLM Environ Cert
            • Fall 20
            • Fall 21
            • Fall 22

            The Workshop introduces LLM students in the Certificate in Environmental Law program to core readings on different topics of environmental law. Students are assigned readings selected by the faculty members teaching environmental law. Each class meeting is conducted by a different member of the faculty in environmental law. Students will write a paper in reaction to the readings, and the course will be graded credit/no credit.
            **This class is available only to International LLMs who are pursuing the Certificate in Environmental Law. **

            NOTE: This course receives 0.50 credits a semester for a total of 1.0 credits for the year course.

            621

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

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

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

            Variable credit. With permission only.

            621S

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

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

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

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

            636

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

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

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

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

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

             

            639

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

            This three-credit course will immerse students in the theory, practice, and politics of movement lawyering.  The course proceeds in two parts: a weekly seminar and field work.  In the seminar, students learn the foundations and tactics of movement activism, and discover how lawyers work with social movements to build power and create change.  In the field work portion, students are paired with lawyers and organizers from across the South to produce legal analyses, policy papers, legislative reviews, rapid response documents, outreach materials, and more.  For the Fall of 2022, the course will have a special emphasis on reproductive justice work, and (depending on enrollment) will be working with organizations such as SisterLove, New Voices for Reproductive Justice, SisterReach, In Defense of Black Lives–Atlanta, and other Black-led movement organizations.  Students will also be invited to travel to Atlanta to meet directly with our movement partners.  For more information on the course, please see this episode of the Duke Law podcast: https://law.duke.edu/video/duke-law-podcast-movement-lawyering-lab-duke-law

            Course enrollment is by application.  Students interested in applying for the course should submit their CV and a short (250-500 word) statement of interest about why they would like to enroll in the course, how their background has prepared them to work effectively with movement partners, and how they plan to use the skills they learn in the course.  Statements should be sent to Bobbi Pabon, bobbi.pabon@duke.edu, no later than 4 pm on Monday, June 20.  Student will be notified by Professor Gordon before the first registration window opens on Tuesday morning so that you can factor the seminar into your semester credit load. The seminar will meet weekly at a mutually-agreed-upon time and place.

            640

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

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

               

              647

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

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

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

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

              655

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

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

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

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

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

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

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

                707

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

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

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

                  710

                  Derivatives: Financial Markets, Law and Policy 3
                  • JD elective
                  • IntlLLM/SJD/EXC elective
                  • IntlLLM Business Cert
                  • Spring 21
                  • Fall 21
                  • Final Exam
                  • Class participation

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

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

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

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

                  713

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

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

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

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

                  The take-home exam will be comprised of questions relating to a real or imaginary business structure or transaction that involves social issues. The exam will be made available on December 6, and the deadline for submitting it will be December 19.

                  714

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

                  This seminar will provide students an opportunity to engage closely with emerging law and policy issues associated with the need to increase coastal resilience in the face of climate change.  The recent experiences of both North and South Carolina with Hurricane Florence have highlighted the need for coastal communities to address a wide range of issues associated with climate change.  In addition to designing approaches to increase resilience when faced with storms and rising sea levels, these issues include: (1) information-gathering (via maps, drones, and scientific research about coastal/ocean processes); (2) law and policy refinements (via statutes, regulations, and guidance); and (3) possible litigation to develop useful common law doctrines relevant to the tidelands and the public trust.  Through the use of current cases and policy issues under debate in coastal communities, students will work together to research the most salient questions presented by these issues.  They will analyze relevant facts, laws, policies, socio-economic considerations, and local ordinances, and prepare proposed solutions to these questions in the form of advisory memos and recommendations.  

                  716

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

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

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

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


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

                   

                  717

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

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

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

                  718

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

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

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

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

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

                  722

                  International Business Law 3
                  • JD elective
                  • LLM-ICL (JD) elective
                  • IntlLLM/SJD/EXC elective
                  • IntlLLM Business Cert
                  • Fall 20
                  • Fall 21
                  • Fall 22
                  • Final Exam

                  The goal of this course is to provide students with a broad overview of how international rules shape global commerce. It will serve as a foundation in international law for students who never plan to take another international law course but also serve as a roadmap of the possibilities for international law study (and careers) for students who want to do more with international law. The course begins with private, cross-border contracting, then moves on to public international law agreements as well. We start with conflict of law rules as well as international treaties designed to coordinate contract law (CISG). From there we dive into the world of private international arbitration, including questions of when state should not permit international arbitration. The course will also covers torts claims, particularly under the Alien Torts Claims Act. We will examine the Bhopal litigation before moving on to some of the cases that have been brought against major oil companies by citizens of developing countries. At that point, the course pivots towards more public law issues that govern international transactions. We look at the Foreign Corrupt Practices Act as well as the OCED Anti-bribery Convention. Finally, we turn to the major treaty regimes on economic subjects, including multilateral trade agreements and the network of bilateral investment treaties.

                  GRADING: Grades are based on an exam.

                  737

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

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

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

                  738

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

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

                  The course will be structured as follows:

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

                  Likely topics to be covered include:

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

                   

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

                  741

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

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

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

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

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

                  744

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

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

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

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

                    753

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

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

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

                    754

                    IP Transactions 2
                    • JD elective
                    • LLM-LE (JD) elective
                    • IntlLLM/SJD/EXC elective
                    • IntlLLM Business Cert
                    • IntllLLM IP Cert
                    • Spring 21
                    • Spring 22
                    • Final Exam
                    • Class participation

                    Patents, trademarks, copyrights, and trade secrets are the currency of an innovation economy. Each of these forms of intellectual property may be bought and sold, licensed, or used as security. How each is used will depend on the business context; the needs of a start-up company being far different from those of a multinational corporation. This course will focus on intellectual property transactions in various business contexts, including: maximizing value and assessing risks; using intellectual property in financing start-ups; protecting trade secrets; employment issues related to intellectual property; intellectual property licensing; and intellectual property in mergers, acquisitions and bankruptcy.

                    760E

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

                    This a practitioner’s skills course.

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

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

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

                    760L

                    Practitioner's Guide to Labor Law 1
                    • JD elective
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • PIPS elective
                    • Spring 21
                    • Fall 21
                    • Spring 22
                    • Spring 23
                    • Reflective Writing
                    • Practical exercises
                    • Class participation

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

                    Class will meet seven times through the semester.

                    767

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

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

                    768

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

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

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

                    771

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

                    American law attempts to protect individual interests in personal dignity and to guarantee a robust system of free expression. Both concerns are implemented, in part, through the common law of dignitary torts, and US constitutional law addresses their overlap and potential conflict. This course will cover the torts of defamation, invasion of privacy, and intentional infliction of emotional harm, and the related constitutional doctrines that the Supreme Court has developed since 1964.

                    773

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

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

                    775

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

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

                    777

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

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

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

                    Topics covered will include:

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

                    779

                    Well-Being and the Practice of Law 1
                    • JD elective
                    • IntlLLM/SJD/EXC elective
                    • Spring 21
                    • Spring 22
                    • Spring 23
                    • Reflective Writing
                    • Research and/or analytical paper
                    • Class participation

                    Optimistic, happy people outperform their counterparts on almost every measure of job success with the notable exception of one group: lawyers. Psychological research suggests that on the whole pessimists perform better in both law school and private practice. Since research also shows that pessimism can be a predictor of depression and/or lower levels of life satisfaction, this raises a question among academics who study well-being: what do we do about the lawyers? Or is the research insufficient to make such sweeping claims?

                    This class will examine why the "pursuit of happiness," a phrase written by a lawyer, has proved futile for many members of the legal profession and those aspiring to its ranks.There is considerable data indicating that lawyers and law students suffer from greater rates of depression and anxiety than other professions, along with accompanying social maladies such as substance abuse. There is also considerable evidence of high career dissatisfaction among lawyers, and many others are leaving the profession or performing well below their capability. This seems unfathomable given the high levels of education, affluence, and respect lawyers enjoy (or will enjoy), factors which predict happiness and job satisfaction in other areas of life.

                    This class will present the research to date on lawyers and happiness. We will examine the scientific data and academic literature on lawyer maladies, while examining holes in the collective wisdom and why the majority of lawyers are quite content. Also, we will analyze what Covid lockdowns, remote learning and practice, etc., have done to the overall happiness of lawyers and law students. We will not ignore the questions of social justice and if different groups experience different levels of well-being in law school and practice. While acknowledging the very real problems of the profession, we will address the question many lawyers and law professors legitimately ask – so what: who said lawyers are supposed to be happy? We will then review simple actions law schools, bar associations, law firms, and individuals can take to improve the collective health of the profession, as well as the productivity and engagement of its individual practitioners. In the course of so doing, will learn the basic well-being measurement tools and practice interventions shown to increase individual happiness. Students will have the opportunity, on a volunteer basis, to take different well-being measurement tools developed at the University of Pennsylvania, where the professor obtained a master’s degree in psychology studying well-being. This is a serious course grounded in the latest science; while there will be fairly intensive reading and writing requirements, they will be within the bounds of a one-credit hour course, and should add to the overall well-being of each student.

                    781

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

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

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

                    786

                    Media Law 3
                    • JD elective
                    • LLM-LE (JD) elective
                    • IntlLLM/SJD/EXC elective
                    • IntllLLM IP Cert
                    • Fall 20
                    • Simulated Writing, Litigation
                    • Take-home examination
                    • Practical exercises
                    • Class participation

                    This class will examine the regulation of communications media, including newspapers, broadcast media, social media, and internet content generally. Students will consider current events and ongoing debates regarding mainstream media, “fake news,” social media platforms, and leak investigations, while also exploring the historical and jurisprudential underpinnings of First Amendment and media law. In weighing the interests of the free press against competing interests like privacy, security, and reputation, this class will cover topics such as defamation, rights of publicity, privacy, and access to information. Students will learn skills relevant to defending reporters and other members of the press in litigations and advisory matters.

                    789

                    Writing: Federal Litigation 2
                    • JD elective
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • IntlLLM writing
                    • PIPS elective
                    • Fall 20
                    • Fall 21
                    • Fall 22
                    • Simulated Writing, Litigation
                    • Reflective Writing
                    • Oral presentation
                    • Practical exercises
                    • In-class exercise
                    • Class participation

                    This writing and experiential course will provide students with the opportunity to practice several different types of persuasive writing used in federal litigation. The students will work on a hypothetical case involving an employment discrimination matter. The students will follow the case from the administrative agency level, to the filing of a complaint in federal court, through the discovery process, and culminating in the filing and arguing of a motion for summary judgment. In addition to writing, the students will have the opportunity to interview a client and a witness and to practice their oral advocacy skills in a mock meeting with a partner and a mock hearing. This course will be useful for anyone interested in practicing in federal court and/or pursuing a federal clerkship at the trial court level.

                    791

                    Judicial Writing 2
                    • JD elective
                    • IntlLLM/SJD/EXC elective
                    • IntlLLM writing, option
                    • Spring 21
                    • Spring 22
                    • Simulated Writing, Litigation
                    • Reflective Writing
                    • Oral presentation
                    • In-class exercise
                    • Class participation

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

                    800

                    Basics of Accounting 0.5
                    • JD experiential
                    • IntlLLM Business Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Students will learn the basic skills involved in commercial accounting: how to read a balance sheet, how to classify debts and assets, etc. The course will include budgeting and accounting exercises designed to simulate real business scenarios.

                    809

                    Litigation Strategy in the Corporate Context 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • IntlLLM Business Cert
                    • Wintersession

                    Students will explore the role of the litigator in advising corporate colleagues and clients concerning the risks and benefits with pursuing a claim, including identifying the gateway and substantive issues, the most cost-effective approaches, and client business interests and goals. After reviewing a mock purchase agreement that ended in a dispute, students will be divided into two groups—one representing the buyer, the other the seller—and analyze the strengths and weaknesses of their respective clients’ positions and propose a strategy, including the likelihood of success and potential recovery, to “the client.”Students will explore the role of the litigator in advising corporate colleagues and clients concerning the risks and benefits with pursuing a claim, including identifying the gateway and substantive issues, the most cost-effective approaches, and client business interests and goals. After reviewing a mock purchase agreement that ended in a dispute, students will be divided into two groups—one representing the buyer, the other the seller—and analyze the strengths and weaknesses of their respective clients’ positions and propose a strategy, including the likelihood of success and potential recovery, to “the client.”

                    814

                    Basics for the Finance Lawyer 0.5
                    • JD experiential
                    • IntlLLM Business Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will serve as a practical introduction to the practice of law and concepts related to a general commercial finance transaction.  Students will engage in an article-by-article review of a sample loan agreement and hypothetical proposed transaction, thereby becoming familiar with the underlying concepts, the relevant business considerations and the types/structure of relevant documents, the interplay of contract provisions across an entire deal, and the underlying legal framework.

                    815

                    Advising a Distressed Enterprise and Its Stakeholders 0.5
                    • JD experiential
                    • IntlLLM Business Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will provide students with a practical understanding of the role of outside counsel to key stakeholders in complex, high-stakes, and fast-paced business reorganizations and liquidations – including distressed companies and their boards, secured and unsecured creditors, and distressed investors/asset purchasers.  Discussion topics include (i) advising the Board of Directors of a distressed company during periods of significant uncertainty and risk, including as to fiduciary responsibilities; (ii) out-of-court and in-court restructuring alternatives, techniques, and pitfalls; (iii) preparation, commencement, and administration of a case under chapter 11 of the Bankruptcy Code; (iv) “hot button” issues in chapter 11; and (v) cross-border restructurings.

                    816

                    Counseling & Creating a New Entity 0.5
                    • JD experiential
                    • IntlLLM Business Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Meet your new client—StryveTek.  StryveTek is an innovative start-up looking to form a legal entity and get started pursuing the dreams of its founders.  They’ve come to you for help.  Where do you go from here?  Students in Counseling & Creating a New Entity will learn to counsel a new entity from the initial phone call to the preparation of organizational documents.  Discussion will cover the variety of legal entities available for business, social enterprise, and philanthropic purposes—corporations, LLCs, and nonprofit corporations—and the several legal disciplines involved in the formation of an entity (e.g., corporate, tax, and securities law).  Students will work with real document forms to learn how to get StryveTek up and running!

                    820

                    Deposition Practice 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Students will learn the basic nuts and bolts of taking and defending depositions: how to prepare for a deposition, how to formulate effective questions, what objections to raise and when, how to handle difficult witnesses and counsel, etc.  Students will also learn how deposition strategy directly impacted the outcome of actual trials handled by Mr. Katz.  Active student participation is encouraged.

                    822

                    Hearings Practice 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Students will consider strategies both for when to draft/offer motions in an ongoing litigation matter, and how best to draft and argue such motions in a hearing before a judge. During the course, students will participate in practical mock hearing exercises, with the opportunity for direct feedback on arguments and styles.

                    825

                    Practice and Strategic Development of International Transactions: Investment in Latin America 1
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • IntlLLM Business Cert
                    • Wintersession

                    This course explores the fundamental issues, strategic considerations, and principles inherent in transnational business transactions in Latin America and the role of the international attorney in structuring and implementing such transactions. Class time is devoted to a case study of a merger and acquisition transaction involving the purchase of a Brazilian entity by a US multinational corporation. The process of constructing an "international deal" is analyzed step by step, exploring all phases of the venture. Focus is given to recognizing and anticipating potential areas of conflict and evaluating the appropriate and legally viable measures available to address these issues.

                    831

                    In House Legal Practice 0.5
                    • JD experiential
                    • IntlLLM Business Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Students in this course will (i) explore the role of in-house counsel as counsel and in-house counsel as a member of a larger commercial organization (publicly-traded company, large division of a publicly-traded company, large family-owned private company), (ii) gain an understanding of the skills that make counsel, but especially in-house counsel, effective, and (iii) apply these skills during a team assignment which will result in a presentation to “the client.” The focus of the course will be almost exclusively on the effective delivery of situation-relevant legal guidance within an organization versus examining the intricacies of a specific area of law. In the process students will be exposed to issues commonly encountered by in-house counsel, from determining who the client is to the organizational dynamics of providing legal guidance.

                    832

                    Internal Investigations 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    In the modern corporate world, the discovery of potential criminal misconduct generates a whirlwind of activity and grave risk to the company and its senior management. This can begin with the decision whether to make a voluntary disclosure to the Justice Department, followed in many instances by an internal corporate investigation by outside counsel. The internal investigation may be followed by, or even conducted in parallel with, a federal grand jury investigation which presents an even more serious threat. This course presents the legal, ethical, and practical problems facing counsel who represent corporations in the conduct of internal investigations and the defense of federal criminal investigations.

                    837

                    Legal and Policy Aspects of U.S. Civil-Military Relations 0.5
                    • IntlLLM/SJD/EXC elective
                    • PIPS elective
                    • Wintersession

                    The seminar will address the Constitutional and statutory structure of U.S. civil-military relations, as well as contemporary issues relating to the role of the armed forces in policy debates, politics, and social issues.  In addition, it will examine case studies that illustrate the tensions that can arise between the armed forces and the civilian leadership in a variety of circumstances.  Methodologies and approaches for ensuring productive civil-military relations will also be discussed.

                    846

                    Compliance with the Foreign Corrupt Practices Act (FCPA) 0.5
                    • JD experiential
                    • IntlLLM Business Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will explore some of the main legal and practical issues surrounding compliance with the Foreign Corrupt Practices Act (FCPA). Drawing on recent judicial decisions, Deferred Prosecution Agreements, and the DOJ’s and SEC’s Resource Guide, students will explore topics that include: Who is a “foreign official;” what is “corrupt intent;” what constitutes a “reasonable and a bon fide expense;” when does the exception for facilitation payments apply; and what is the knowledge requirement for third parties.  The course will offer practice-oriented exercises to introduce the nuts and bolts of FPCA compliance practice, including on conducting due diligence and performing risks assessments. Students will also discuss when to voluntarily disclose a potential wrongdoing, when to turn to outside counsel for third-party evaluation and when to keep investigations internal.

                    848

                    Insurance Law 0.5
                    • IntlLLM Business Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Students will become familiar with basic issues and concepts of insurance and insurance coverage.  Insurance is a trillion dollar per year industry and impacts in numerous ways on a broad range of commercial and litigation practices.  Assignments and practical discussion items will include key concepts in identifying relevant insurance, understanding insurance policies and the role of insurance in litigation and key areas of commercial transactions such as tax and the interplay of warranties, indemnities and insurance in M&A transactions.

                    850

                    Client Representation: An Immigration Case Study 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will provide students with a concise, practical walk-through of how to represent a client seeking asylum in the United States in the different stages of the U.S. immigration process.  More than 400,000 cases are currently pending in Immigration Courts around the country, all of which could be appealed to the Board of Immigration Appeals and then a U.S. Court of Appeal; many present issues of asylum and protection under the Convention Against Torture.  In a simulation of an actual case, including developing strategy, preparing and examining witnesses, and presenting arguments, students will be assigned roles as counsel for the refugee client; as counsel for the government; as witnesses; or as either an immigration judge or appellate judge.

                    853

                    The Way It All Works: Investing, Negotiating, and Operating in the Real World 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Taught from the perspective of a private equity investor, CEO, and law school graduate, this course will provide students the “big picture” of how the universe of pension funds, endowments, limited partners, general partners, and other investors is interwoven, how money is organized, and how lawyers, accountants, and other consultants and advisors fit into the process of raising capital, selling a company, and conducting due diligence.  Students will explore concepts such as valuation (assets vs. enterprise valuation), EBITDA, allocation of risk, hurdle rates, basic financial statement analysis, and other investment-related topics, with a focus on real-world insights into how these principles work in practice.  Through a simulated deal, students will determine the price they want to pay for a hypothetical company and how best to quarterback the documentation to ensure the contract reflects the negotiated value.

                    855

                    Data Breach Response and Cybersecurity Due Diligence 0.5
                    • JD experiential
                    • IntllLLM IP Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course teaches students how to manage successfully the critical workflow of a data breach response and a cybersecurity due diligence effort, rapidly becoming a critical factor of the decision-making calculus for a corporation contemplating a merger, acquisition, asset purchase, or other business combination; an organization taking on a new vendor, partner, or other alliance; or a private equity firm purchasing a new portfolio company.  The attorney’s role during any due diligence process is key, especially during cybersecurity due diligence, when any problem can put a transaction at risk.

                    856

                    Investor-State Relations: An Arbitration Case Study 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will introduce students to current controversies in international commercial and investment-treaty arbitration. Students will develop advocacy skills used by practitioners to resolve international disputes--and to shape the future of these global institutions.

                    857

                    Government Lawyering in Crisis 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will examine the role of lawyers in the government, especially in time of crisis, the skills developed, and the usefulness of those skills for a lawyer who later enters the private sector. We will focus on the work of the White House Counsel, the US Department of Justice, other Executive Branch counsel, Congressional lawyers, and the role of private sector lawyers. We will study the interaction of law, policy, and politics in a government job, including topics such as attorney-client privilege, executive privilege, ethics, the role of the media, and “the people’s right to know.” Students will engage in case studies based upon a hypothetical government crisis, and learn through class discussion and practical exercises how lawyers inform government decision-making, and what skill sets are required in dealing with a crisis. We will also discuss the transferability of those lawyering skills to counseling clients in the private sector.

                    858

                    Obtaining and Disclosing Electronic Evidence in Criminal Investigations 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    In today’s digital environment, the collection of electronic data has become one of the principal evidence collection tools used by law enforcement. Prosecutors and investigating agents rely heavily on assistance from corporations, particularly in the technology sector, to identify and gather electronic evidence. The sheer volume of data and law enforcement requests places burdens on companies as they seek to comply with law enforcement while protecting their business interests and the rights of their consumers. These burdens are compounded by the fact that applicable statutes have not kept pace with technology. This course will provide students with an overview of electronic evidence collection and allow them to work through some of the contemporary challenges facing both prosecutors and corporate counsel.

                    859

                    Current Problems in Antitrust Litigation 0.5
                    • IntlLLM/SJD/EXC elective
                    • IntlLLM Business Cert
                    • IntllLLM IP Cert
                    • Wintersession

                    This course will explore, and bring together, several strands of reasoning in antitrust law and litigation: First, students will examine how antitrust law relies on broad principles whose formulation and maturation is developed inductively through common law techniques. Put more simply, antitrust doctrine is made through specific cases, i.e., the law comes litigation, it is not made by Congress or an agency promulgating regulations.  Second, students will appreciate antitrust law’s elasticity which balances broad principles being applied to different industries whose economics may be very different. Third, students will understand why some of the greatest lawyers in the last century—Louis Brandeis (a famous antitrust plaintiffs’ lawyer), David Boies, John Paul Stevens, Patrick Lynch, and others—were antitrust lawyers:  their abilities combined legal and factual rigor with creativity.  Students will explore these strands by discussing five “problems” in antitrust litigation:  (1) class certification (including the critical concepts of proving “classide” impact with “common” proof under Fed. R. Civ. P. 23(b)(3)); (2) making economic testimony understandable and persuasive; (3) antitrust in an era of standard essential patents (how do we apply antitrust principles to standard setting?); (4) the Foreign Trade Antitrust Improvements Act and Extraterritoriality; and (5) “Neo-Brandeisian”, a/k/a ‘hipster’ antitrust: Facebook, Google, Amazon and Apple.

                    860

                    Advising Clients on Use of Trademarks and Copyrighted Material 0.5
                    • JD experiential
                    • IntllLLM IP Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will focus on the practical application of trademark and copyright law. Using examples from actual disputes, we will discuss how to advise clients who present with questions about whether they can use a particular trademark or copyrighted work. The first phase of this course will focus on trademark and specifically likelihood of confusion and infringement analysis. After a brief overview of trademark law, we will divide into groups to discuss various real-life trademark disputes and develop a plan of advice and strategy for the client in those particular scenarios. The second phase of the course will focus on fair use in copyright infringement. Similar to trademark, we will start with a short introduction to copyright and the fair use analysis, followed by group break-out discussions about certain real world examples and whether the proposed use is a fair use.

                    862

                    All About The Benefits: An Introduction to ERISA and Employee Benefits 0.5
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Employee benefits (e.g., pension, health & welfare, and disability plans) are significant balance sheet issues for companies and governments alike. This course will provide an introduction to the broad and deep federal statute that governs such issues (ERISA) and explore recent significant events in the field, such as the City of Detroit bankruptcy, the impact of the legalization of same-sex marriage on benefit plans, and pension de-risking transactions.

                    863

                    Life or Death: The Decision-Making Process in a Death Penalty Case 0.5
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Students will follow how a major state attorney’s office handled death penalty eligible cases from the initial crime scene visit through the conclusion of the case. The course will use a specific case study – the 2009 Thanksgiving Day murders of four family members in Jupiter, Florida – to examine how charging decisions were made, including the legal criteria and other case-related issues. One of the exercises may include having students conduct a mock capital case review in a homicide case. The course also will discuss legislative and executive actions that influence how a prosecutor makes the decision to charge and/or resolve a capital case (including, as an example, the current and very public conflict between the Florida Governor and the State Attorney for the Ninth Circuit in Florida). Finally, the course examines the evolving law relating to jury and judicial decision-making in death penalty cases.

                    864

                    Lawyer as International Development Professional 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will examine what it means to be a government lawyer working in international development, and provide a practical introduction to the role of attorneys in US development policy and programming. Students will gain an understanding of the global development ecosystem as well as explore specific issues of interest to US governmental actors through presentations, group exercises, and simulations.

                    865

                    Designing Creative Legal Solutions 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Can the law of tomorrow be better than the law of today? Good lawyers help their clients navigate risk. Great lawyers are creative problem solvers who tackle increasingly complex challenges faced by their clients and their communities. In this course, we’ll attack seemingly intractable legal problems to develop real, creative solutions. We are partnering with other law schools to tackle the issue of human trafficking, which we’ll explore from various stakeholder perspectives. We’ll build upon the design approach of IDEO, a global innovation firm committed to creating disproportionate impact through design, and—along with various community stakeholders—apply their basic approach to pressing legal challenges. Our goals will be to walk away with templates for real creative solutions for our community and real creative mindsets for ourselves.

                    866

                    Legal Issues in Media: Case Studies in News and Documentary Production 0.5
                    • IntllLLM IP Cert
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will introduce students to the wide range of legal issues handled by media lawyers, using two different models: the making of a documentary film (i.e., a long term project), and production of a nightly news show (a more fast-paced, deadline-driven endeavor). Students will learn basic principles and how to avoid common pitfalls. The course will also examine the risk management role of in-house counsel when dealing with grey areas.

                    867

                    Leadership and Communication in the Law 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • IntllLLM IP Cert
                    • Wintersession

                    The practice of law functions through teamwork. To be successful and effective in this environment, a lawyer must be able to communicate, collaborate, and lead within her organization. Her success depends on the willingness of others to work with her, work for her, and mentor her. This course recognizes the importance of these internal relationships and aims to prepare students for the communication, teamwork, and leadership required of young practitioners. Through a combination of theory, case studies, and group exercises, students in this course will begin to develop (1) an understanding of their own communication and leadership styles and skills; (2) an understanding of the communication and leadership styles of others; (3) skills to identify how and when to manage up, manage down, and collaborate within a team; (4) skills to effectively manage and work with teams; and (5) best practices for navigating difficult conversations and team dynamics.

                    868

                    Commercial Real Estate Transactions and Litigation: A Primer 0.5
                    • IntlLLM/SJD/EXC elective
                    • IntllLLM IP Cert
                    • Wintersession

                    Commercial real estate transactions and the litigation they spawn have historically been strong indicators of existing and future market performance.  Whether practicing in the depths of an economic recession or advising clients at the peak of a market cycle, successful real estate attorneys must be adept not only at recognizing legal issues, but also at identifying key business concerns and the related pitfalls their clients are likely to face.  This course will introduce students to the core types of real estate transactions practicing attorneys are likely to encounter, with a particular focus on how certain issues and relationships common in real estate transactions often lead to disputes and litigation.  Real world case studies, as well as select break-out discussion sessions, will be utilized to identify and reinforce key business considerations and transactional/litigation strategy.

                    869

                    Negotiating Domestic Violence Policies and Gender Inequality Reform in Professional Sports 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • IntllLLM IP Cert
                    • Wintersession

                    This course will provide students with the opportunity to study two critical issues facing professional sports leagues and sports governing bodies: (i) inadequate domestic violence policies and (ii) gender inequality in respect of pay, working conditions and employment opportunities (i.e., coaching, scouting, league front office employment and team front office employment).  At the conclusion of the first class, students will participate in a mock collective bargaining session, where they will negotiate domestic violence policies that improve upon the current policies in effect today. The second class will build upon the first, by having students examine barriers women have faced in the sports industry in terms of employment opportunities, adverse working conditions and pay parity with men. After doing a case study on the NFL and its sponsors’ diversity and inclusion efforts, students divide into teams to provide recommendations for improvement among different sports.

                    870

                    Artificial Intelligence: Navigating the Evolving Legal Landscape to Capitalize on Opportunities and Mitigate Risk 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will focus on the many emerging legal issues arising in connection with artificial intelligence (AI), including with respect to AI ethics/trustworthiness, intellectual property and data.  In addition to discussing the state of the law and the ongoing policy debates, students will consider strategies that stakeholders may employ to mitigate risk while still enabling society to benefit from the opportunities presented by the technology. Tuesday and Wednesday, 2-5 pm, enrollment of 30 students

                    871

                    Professional Communication for Lawyers 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    Students will discuss and practice different types of communication used in legal practice including 1) letter writing 2) e-mails 3) phone calls and 4) in-person meetings.  The course will explore how to determine the appropriate mode of communication and how to improve your skills.

                    872

                    CFIUS and Cross-Border Mergers & Acquisitions 0.5
                    • JD experiential
                    • IntlLLM/SJD/EXC elective
                    • Wintersession

                    This course will examine, from a practitioner’s perspective, the evolving history of the Committee on Foreign Investment in the United States (CFIUS), and its functions, procedures, and expanded jurisdictions under the new FIRRMA legislation. For cross-border M&A attorneys, CFIUS has posed new challenges at the deal-structuring stage. Students will examine a few recent CFIUS cases involving buyers from Asia, and how deal lawyers can add “value” to the deal-making process by helping their clients navigate the CFIUS regime. The course will conclude with a few open-ended questions surrounding the constitutionality of the CFIUS regime and the justification of its extra-territoriality.

                    Course Credits

                    Semester

                    JD Course of Study

                    JD/LLM in International & Comparative Law

                    JD/LLM in Law & Entrepreneurship

                    International LLM - 1 year

                    Certificate in Public interest and Public Service Law

                    Areas of Study & Practice