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.

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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

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Certificate in Public interest and Public Service Law

Areas of Study & Practice

Clear all filters 145 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

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.

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.

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.

205

Antitrust 4
  • 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 NVE Cert
  • 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
  • IntlLLM NVE 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.

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.

229

State and Local Government Law 3
  • JD elective
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 23
  • 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.

232

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

A study of the law of employment discrimination, focusing mainly on federal statutes that prohibit discrimination based on race, color, sex, religion, national origin, and age. Class time is committed to both doctrinal and policy analysis. The course does not examine disability discrimination.

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
    • 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.

      245

      Evidence 3
      • 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.

      255

      Federal Income Taxation 4
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • IntlLLM NVE 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.

      270

      Intellectual Property 4
      • JD elective
      • LLM-LE (JD) required
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • IntllLLM IP Cert
      • IntlLLM NVE 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 broad introduction to international law and provides a foundation for more specialized courses.  Topics covered include the key sources, actors, and institutions of international law; the application of international law by domestic courts; adjudication by international tribunals; the extraterritorial application of domestic law.  Part I of the course provides an overview of these foundations issues.  Part II is comprised of a series of case studies on selected topics in international law, including human rights, international crimes, international trade and investment, environmental protection, and the use of force.

      Note on scheduling for Spring 2023:
      To accommodate Professor Helfer’s responsibilities as a member of the UN Human Rights Committee, which meets in Geneva, Switzerland in March 2023, several class meetings will need to be canceled, rescheduled or held on Zoom.  Please note - the first class meeting will be held on Friday January 13, 2023 @ 12:30 to 1:45 PM.   Additional information about canceled and rescheduled classes will appear on the course syllabus.

      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 2
      • 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.

      302

      Appellate Courts 2
      • JD SRWP
      • JD elective
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Spring 21
      • Spring 22
      • Spring 23
      • 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.

      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.

       

      315

      Complex Civil Litigation / Large Scale Litigation 3
      • JD elective
      • JD experiential
      • IntlLLM-SJD-EXC elective
      • Spring 21
      • Spring 22
      • Spring 23
      • 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 most classes) and via Zoom (for a few classes) for those interested in learning how to litigate large cases, with an emphasis on real-world practical requirements, strategy and skills. Students will each week after the first session practice stand-up courtroom (and Zoom) 3-minute "mini- oral arguments" on many of the key cases so as to begin to prepare for big-case advocacy, which today occurs both in physical courtrooms and via video arguments. 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 every litigation, joinder of parties, 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; arbitration; and ways of accelerating or terminating potentially or actually protracted cases, including settlement, mediation, representative trials, mini-trials and claims processing facilities.

      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
      • IntlLLM Environ Cert
      • PIPS elective
      • Spring 21
      • Spring 22
      • Spring 23
      • Research paper, 25+ pages

      This survey course examines the legal and policy issues governing water quality and 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 key laws that affect water quality and quantity, including the Clean Water Act, the Safe Drinking Water Act, the National Environmental Policy Act, the Endangered Species Act, and others.  Students will also explore emerging issues in water policy, including the regulation of "forever chemicals," protection of wetlands, and mitigation of and adaptation to climate change, among other policy issues.  Throughout the course, students will study 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
      • 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
      • IntlLLM NVE 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
      • IntlLLM NVE 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
      • IntlLLM NVE 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).

      329

      Education Law 2
      • JD SRWP
      • JD elective
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Spring 22
      • Spring 23
      • 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, and recent restrictions on classroom curricula. 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
      • IntlLLM NVE 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.

      334

      Civil Rights Litigation 3
      • JD elective
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Spring 21
      • Spring 23
      • 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

      A Practical Introduction to Mergers & Acquisitions 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 party and the target firm in negotiating an acquisition and the differing roles played by the various parties involved in a transaction; the different types of agreements and other documents an attorney will encounter and negotiate over the course of a transaction; the critical role of information in M&A deals; conducting due diligence; the elements, structure and key terms of a typical acquisition agreement; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

      338

      Animal Law 2
      • JD SRWP, option
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Environ Cert
      • PIPS elective
      • Spring 21
      • Spring 23
      • Research paper, 25+ pages
      • Oral presentation
      • Class participation

      This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates. It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws.

      339

      Law and Literature 3
      • JD elective
      • IntlLLM-SJD-EXC elective
      • 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 5
      • 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.

      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.

      345

      Gender & the Law 2
      • JD elective
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Spring 23
      • Final Exam
      • Reflective Writing
      • Oral presentation
      • Practical exercises
      • In-class exercise
      • Class participation

      This course will explore the relationship between gender and the law, understanding gender in its broadest sense including sex, sexuality, gender identity, and gender queerness. It will focus on sex discrimination doctrines under the Equal Protection Clause of the United States Constitution as well as under federal and state statutory frameworks such as Title VII of the Civil Rights Act of 1964,Title IX of the Education Amendments Act of 1972, and cognate state statutes. It will also address the shifting scope of substantive due process doctrine, particularly given the recent Supreme Court Dobbs opinion. Other statutes such as the Americans with Disabilities Act will also be explored. Constitutional Law is highly recommended as a prerequisite.

      The course will center around legal case studies to evaluate the relationship between law and justice in many areas that affect gender minority lives, including: employment, schools, health care, prison, public accommodations, family, youth and aging, and beyond. The emphasis will be on social justice lawyering strategies and the possibilities and limits that litigation, legislation, and policy developments present for work in these areas. Some film is used in class. Evaluation is by an end-of-term, untimed, open book examination, as well as 3 reaction papers assigned throughout the class. Other individual or group projects may also be required. Engaged student discussion and open-mindedness to new, different, and challenging ideas is invited and valued.

      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.

      358

      Structuring Venture Capital and Private Equity Transactions 3
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM NVE Cert
      • 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.

      379

      Partnership Taxation 2
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM NVE Cert
      • 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 NVE Cert
      • 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
      • Spring 23
      • 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
      • Spring 23
      • 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.

      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.

      Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 12, and continue with sessions on the afternoon of Friday, January 13; morning of Saturday, January 14; and morning of Sunday, January 15. Attendance is required at these sessions.

      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
      • Spring 23

      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.

      Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 12, and continue with sessions on the afternoon of Friday, January 13; morning of Saturday, January 14; and morning of Sunday, January 15. Attendance is required at these sessions.

      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 NVE Cert
      • 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
      • Spring 23
      • 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
      • Spring 23
      • Simulated Writing, Transactional
      • Reflective Writing
      • Group project(s)
      • Class participation

      Focus: Health Data and Learning Health Networks

      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 for Long Covid patients. Students will work with each other to role-play as hospital administrators, principal investigators, and patient advocates, and decide whether and how to collaborate and share data with one another. Throughout the semester, students will hear from practitioners building and governing health data collaborations in the field.

      Our class will go beyond 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.

      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
      • Spring 23
      • 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.

      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.

      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
      • IntlLLM writing 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.

      515

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

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

      519

      Contract Drafting 2
      • JD elective
      • JD experiential
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • IntlLLM NVE 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
      • IntlLLM NVE 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
      • IntlLLM NVE 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).

      531

      In House Law Practice 2
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • 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.

      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.

      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.*

      546

      International Law of Armed Conflict 3
      • JD SRWP, option
      • JD elective
      • LLM-ICL (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing
      • 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
      • Spring 23
      • 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
      • IntlLLM NVE Cert
      • Spring 21
      • Spring 22
      • Spring 23
      • 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 NVE Cert
      • 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
      • 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
      • 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.

      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.

      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
      • 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
      • Spring 23
      • 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.

      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

      Blockchain, Fintech Law and Policy. 2
      • JD SRWP, option
      • JD elective
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM required
      • IntlLLM writing
      • IntlLLM Business Cert
      • Fall 20
      • Spring 22
      • Spring 23
      • 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.

      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
      • Spring 23

      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. 

      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 with additional credit
      • 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.

      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
      • IntlLLM NVE 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.

      611

      Readings 1
      • JD elective
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Fall 20
      • Spring 21
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • 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
      • Spring 23

      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 Holly Dorfman (holly.dorfman@law.duke.edu) Students may not register themselves for the externship or seminar.

      639

      Movement Lawyering Lab: Law for Black Lives 3
      • JD elective
      • JD experiential
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • PIPS experiential
      • Fall 21
      • Spring 22
      • Fall 22
      • Spring 23
      • 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 5 pm on Friday, November 11. 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.

      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.

      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
      • 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).

       

      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.

      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
      • 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.

      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
      • Spring 23
      • 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
      • 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.

      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
      • Spring 23
      • 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.

      777

      Deal Skills for the Transactional Lawyer 3
      • JD elective
      • JD experiential
      • LLM-LE (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • IntlLLM NVE 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.

      791

      Judicial Writing 2
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing
      • Spring 21
      • Spring 22
      • Spring 23
      • 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.

      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