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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

International LLM - 1 year

Certificate in Public interest and Public Service Law

Areas of Study & Practice

Clear all filters 53 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

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.

226

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

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

227

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

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

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

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

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

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

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

235

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

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

242

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

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

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

242W

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

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

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

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.

250

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

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

265

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

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

285

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

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

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

287

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

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

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

 

288

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

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

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

298

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

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

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. 

316

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

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

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

317

Criminal Justice Ethics 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Fall 21
  • Fall 22
  • Spring 23
  • Reflective Writing
  • Research and/or analytical paper(s), 15 pages
  • Class participation
  • Other

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

327

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

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

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

Final grades will be comprised of the following:

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

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

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

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.

368

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

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

405

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

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

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

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

416

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

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

Important:

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

Ethics Requirement

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

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.

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.

445

Immigrant Rights Clinic 4-6
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Reflective Writing
  • Live-client representation and case management
  • Class participation

The Immigrant Rights Clinic engages students in the direct representation of noncitizens and community organizations in litigation, community outreach, and policy advocacy. Students will work in teams to represent individual clients in litigation matters, such as removal proceedings in immigration court, administrative or federal appeals, or other legal claims, as well as work with community-based organizations in advocacy projects or outreach and education campaigns. Through a mix of individual and organizational representation, students will develop an integrated approach to promoting the rights of immigrants. Direct representation of individual clients will require students to develop skills in fact-development, client interviewing, affidavit drafting, expert opinion development, testimony preparation, legal briefing, and case planning that combines client narratives with long-term appellate strategies. In working with organizational clients and partners, students may gather data and produce policy reports; develop accessible legal resources for immigrant families and their allies; and collaborate with grassroots organizers, policy-makers, pro bono counsel teams, and national advocacy groups.

Students are directly responsible for these cases and take the leading role in defining advocacy goals and strategies with their clients. Through the clinic, students can build their litigation skills and develop a better understanding of how to engage in immigrant rights campaigns. The Immigrant Rights Clinic combines a substantive weekly seminar, case work, and weekly case supervision and instruction meetings. It is a one-semester course offered in both the fall and spring semesters and students will have an Advanced Clinic option.

Clinics Enrollment Policy

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

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).

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.

507

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

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

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

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

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

510

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

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

537

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

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

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

538

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

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

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

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

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

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

541

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

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

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. 

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.

562

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

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

582

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

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

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

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

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

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

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

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. 

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.

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.

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.

636

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

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

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

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

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

 

639

Movement Lawyering Lab: Law for Black Lives 3
  • JD elective
  • JD experiential
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • 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.

647

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

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

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

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

677

Duke Law in DC: Rethinking Federal Regulation 4
  • JD SRWP
  • JD elective
  • PIPS elective
  • Fall 20
  • Fall 21
  • Fall 22

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

679

Duke Law in DC Externship 9
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  • Fall 20
  • Fall 21
  • Fall 22

This 9-credit externship is one of three components of the Duke Law in DC experience, which also includes a seminar course and a substantial research paper. With the support of the Externship Administrator, students seek and secure a full-time externship position with a non-profit or government agency or office in Washington, DC. Duke Law in DC externship students have the opportunity to gain substantial hands-on experience in order to advance their academic and professional development while working under the supervision of an attorney on high-quality real-life work assignments.

Under the Duke Law Externship Program, a student must complete 50 hours of externship per externship credit; Duke Law in DC requires 450 hours of externship to be completed between the first day of classes and the last day of exams each semester. Students are required to submit bi-weekly reflection papers and hours logs to the Externship Administrator and course professor. Students will be graded on a credit/no credit basis, based on successful completion of the required externship hours and diligent submission of reflection papers and hours logs.

The Duke Law in DC externship program is open to second- and third-year law students, by permission only.

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

9 credits / credit-no credit grading basis

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.

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.

789

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

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

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