Spring 2018 Class Schedule

Course Number Course Title Course Credits Instructor Meeting Days/Times Room Sakai Site Email List

120.02

Constitutional Law

Small Section 1

4.5 Matthew Adler MWTh 10:55-12:20 PM 4042 Site link LAW.120.02.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

120.03

Constitutional Law

Small Section 2

4.5 Joseph Blocher MWTh 10:55-12:20 PM 4055 Site link LAW.120.03.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

120.04

Constitutional Law
Small Section 5
4.5 Guy-Uriel Charles M-Th 2:00-3:25 PM 4000 Site link LAW.120.04.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

120.05

Constitutional Law
Small Section 6
4.5 H. Jefferson Powell MWTh 9:20-10:45 AM 4000 Site link LAW.120.05.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

120.06

Constitutional Law
Small Section 3
4.5 Ernest A. Young MWTh 2:00-3:25 PM 4055 Site link LAW.120.06.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

140.03

Criminal Law
Small Sections 1 & 6
4.5 James E. Coleman, Jr. M-Th 8:05-9:10 AM 3043 Site link LAW.140.03.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

140.04

Criminal Law

Small Sections 2 & 5

4.5 Nita A. Farahany MWTh 9:05-10:45 AM 4047 Site link LAW.140.04.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

160AB.01

Legal Analysis, Research & Writing 4 Jane Bahnson, Casandra L. Thomson Tu/F 9:30-10:30 AM 4042 Site link law.160b.01.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

160AB.02

Legal Analysis, Research & Writing 4 Rachel Gordon, Diane Appleton Reeves Tu/F 11:00-12:00 PM 3037 Site link law.160b.02.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

160AB.03

Legal Analysis, Research & Writing 4 Deanne Morgan, Jeremy Mullem Tu/F 9:30-10:30 AM 3043 Site link law.160b.03.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

160AB.04

Legal Analysis, Research & Writing 4 Deanne Morgan, Emily N. Strauss Tu/F 11:00-12:00 PM 4042 Site link law.160b.04.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

160AB.05

Legal Analysis, Research & Writing 4 Jo Ann Ragazzo, Wickliffe Shreve Tu/F 11:00-12:00 PM 3043 Site link law.160b.05.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

160AB.06

Legal Analysis, Research & Writing 4 Casandra Laskowski, Rebecca Rich Tu/F 9:30-10:30 AM 4000 Site link law.160b.06.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

160AB.07

Legal Analysis, Research & Writing 4 Jennifer L. Behrens, Sarah Powell Tu/F 9:30-10:30 AM 3037 Site link law.160b.07.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

160AB.08

Legal Analysis, Research & Writing 4 Sarah C. W. Baker, Laura M. Scott Tu/F 11:00-12:00 PM 4055 Site link law.160b.08.sp18@sakai.duke.edu

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

170.02

Property
Small Sections 3 & 5
4.5 Barak D. Richman MWTh 10:55-12:20 PM 3043 Site link LAW.170.02.Sp18@sakai.duke.edu

A study of the law of property, its objectives and its institutions. This course investigates how property rights and institutions affect resources, prosperity, fairness, freedom, community, and the sometimes conflicting interests of individuals, groups, and governments, in specific applications such as land, possessions, energy, environmental resources, ideas, music, the family, and the self. The course examines doctrines such as acquisition, exclusion, transfer, estates and future interests, covenants and easements, trespass and nuisance, zoning, landlord-tenant and housing law, and compensation for government takings of property.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

170.03

Property

Small Sections 4 & 1

4.5 Christopher H. Schroeder MWTh 4:00-5:25 PM 3043 Site link LAW.170.03.Sp18@sakai.duke.edu

A study of the law of property, its objectives and its institutions. This course investigates how property rights and institutions affect resources, prosperity, fairness, freedom, community, and the sometimes conflicting interests of individuals, groups, and governments, in specific applications such as land, possessions, energy, environmental resources, ideas, music, the family, and the self. The course examines doctrines such as acquisition, exclusion, transfer, estates and future interests, covenants and easements, trespass and nuisance, zoning, landlord-tenant and housing law, and compensation for government takings of property.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

180.02

Torts
Small Sections 2 & 6
4.5 Doriane Lambelet Coleman MWTh 2:00-3:25 PM 3043 Site link LAW.180.02.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

180.03

Torts
Small Sections 3 & 4
4.5 Deborah A. DeMott M-Th 8:05-9:10 AM 3037 Site link LAW.180.03.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

200.02

Administrative Law 3 Stuart M. Benjamin MW 10:55-12:20 PM 4047 Site link LAW.200.02.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

202.01

Art Law 2 Deborah A. DeMott M 4:00-5:50 PM 4055 Site link LAW.202.01.Sp18@sakai.duke.edu

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 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.

Methods of Evaluation
  • Final Exam, option
  • Research paper option, 25+ pages
  • Class participation
Pre/Co-requisites
None

206.01

International Arbitration 2 Ralf Michaels Tu 2:00-3:50 PM 4055 Site link LAW.206.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

207.01

Sports and the Law 3 Paul H. Haagen MW 4:00-5:25 PM 4042 Site link LAW.207.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

210.01

Business Associations 4 James D. Cox MWTh 11:00-12:15 PM 3041 Site link LAW.210.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

220.01

Conflict of Laws 3 Stephen E. Sachs Tu/Th 2:00-3:25 PM 3000 Site link LAW.220.01.Sp18@sakai.duke.edu

A study of the special problems that arise when a case is connected with more than one state or nation. Topics include the applicable law (choice of law), personal jurisdiction, and the recognition and effect of foreign judgments.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites

(1) Either Civil Procedure or Federal Courts, or equivalent coursework; AND (2) One of the following: Contracts, Torts, or Property, or equivalent coursework

225.01

Criminal Procedure: Adjudication 3 Judge James C. Dever III Tu/Th 6:00-7:25 PM 4045 Site link LAW.225.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

226.01

Criminal Procedure: Investigation 3 Lisa Kern Griffin Tu/Th 10:55-12:20 PM 4047 Site link LAW.226.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

229.01

State and Local Government Law 3 Darrell A. H. Miller Tu/Th 2:00-3:25 PM 4042 Site link LAW.229.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

232.01

Employment Discrimination 3 Trina Jones Tu/Th 10:55-12:20 PM 4000 Site link LAW.232.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

235.01

Environmental Law 3 Arden Rowell Tu/Th 8:55-10:20 AM 4055 Site link LAW.235.01.Sp18@sakai.duke.edu

This course examines the large and growing body of law addressing relationships between human activities and the environment, including the legal regimes governing air, water, toxic chemicals, hazardous waste, resource use, biodiversity and ecosystems, and climate change. The course assesses key features of these legal regimes, including the array of rationales for environmental protection (ethical, economic); the choice of policy instruments (e.g. standards, taxes, trading, information disclosure); the roles of different branches of government (legislative, executive, judicial) and levels of government (local, state, national, international), and of non-governmental actors; and the skills of policy analysis, policy design, and regulatory and statutory construction. Throughout the course, we will study how each component of this body of law handles four key questions: How serious a problem (risk assessment and priority-setting)? How much protection is desirable (risk management and tradeoffs)? How to achieve this protection (instrument choice)? Who decides and acts upon these questions (federalism, branches and levels of government, and institutions)? The focus is on the U.S. legal system, with some comparative analysis of the law in other countries and international regimes.

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. Professional and graduate students in the Nicholas School who would like to enroll in this course under Environ 835 should contact the NSOE Office of Academic & Enrollment Services, Erika Lovelace, e-mail or telephone 919-613-7459. (The Law School and the law professor teaching this course do not have "permission numbers.") (Professional and graduate students in the Sanford School of Public Policy, or other schools outside the Law School, should also contact the Nicholas School's office of Enrollment Services to enroll in Environ 835.) For undergraduate students, the Nicholas School offers a different course, Environ 265.

Methods of Evaluation
  • Final Exam
  • Group project(s)
  • Class participation
Pre/Co-requisites
None

238.01

Ethics and the Law of Lawyering 2 Kathryn Webb Bradley F 10:30-12:20 PM 4047 Site link LAW.238.01.Sp18@sakai.duke.edu

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, statutory rules, and administrative regulations.

 

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

238.02

Ethics and the Law of Lawyering 2 Amanda Schwoerke Tu 2:00-3:50 PM 3043 Site link LAW.238.02.Sp18@sakai.duke.edu

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, statutory rules, and administrative regulations.

 

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

245.01

Evidence 4 Donald H. Beskind MWTh 2:00-3:15 PM 3037 Site link LAW.245.01.Sp18@sakai.duke.edu

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will 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. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

255.01

Federal Income Taxation 4 Richard L. Schmalbeck MWTh 11:00-12:15 PM 3037 Site link law.255.02.sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

275.01

International Law 3 Laurence R. Helfer MW 10:55-12:20 PM 4000 Site link LAW.275.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

290.01

Remedies 2 Marin K. Levy Tu 2:00-3:50 PM 4044 Site link LAW.290.01.Sp18@sakai.duke.edu

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.
There is no exam for this course.

Students will be expected to write two five-page response papers during the term and one twenty-page paper at the end of the semester.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

295.02

Trusts and Estates 3 Curtis A. Twiddy Tu/Th 2:00-3:25 PM 3041 Site link LAW.295.02.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

306.01

Corporate Crime 4 Samuel W. Buell MWTh 4:00-5:15 PM 4047 Site link LAW.306.01.Sp18@sakai.duke.edu

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

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

The materials consist of a course pack and occasional handouts. Assigned reading averages about 80 pages per week. The grade will be based primarily on a take home exam, with some weight given to class participation. Use of laptops, smartphones, tablets, and the like will be prohibited during class meetings.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

309.01

Children and the Law 2 Doriane Lambelet Coleman Tu 10:30-12:20 PM 4044 Site link LAW.309.01.Sp18@sakai.duke.edu

This seminar is derived from the three-credit Children and the Law course.  Where the latter is a broad survey of the law governing decision making for children and the relationship between parents and the state that arises in that context, this seminar focuses in on the three areas of the law that tend to generate the most cultural and legal controversy: education, religion, and maltreatment.  Students will be required to prepare memoranda throughout the semester on related topics including home schooling, curriculum reform, vaccination law, proxy consents to medical treatment and research, corporal punishment, and the Fourth Amendment’s special needs administrative search exception.  The course can be used to satisfy the upper-level writing requirement.  There are no prerequisites.  However, because the subject matter builds on the foundations of constitutional law, property, and torts, it will be useful to have taken these classes.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
Pre/Co-requisites
None

315.01

Complex Civil Litigation 3 David W. Ichel F 9:00-12:30 PM 4049 Site link LAW.315.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
  • Oral presentation
  • In-class exercise
Pre/Co-requisites
None

320.01

Water Resources Law 2 Ryke Longest Th 4:00-5:50 PM 4042 Site link LAW.320.01.Sp18@sakai.duke.edu

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

 

Methods of Evaluation
  • Research paper, 25+ pages
Pre/Co-requisites
None

321.01

The Law and Policy of Innovation: the Life Sciences 3 Arti K. Rai MW 8:55-10:20 AM 4042 Site link LAW.321.01.Sp18@sakai.duke.edu

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. 

Methods of Evaluation
Pre/Co-requisites
None

322.01

Copyright Law 3 Jerome H. Reichman MW 2:00-3:25 PM 4047 Site link LAW.322.01.Sp18@sakai.duke.edu

A comprehensive course on the law of literary and artistic property, with emphasis on mastering the technical intricacies of the 1976 Copyright Act and its many complex recent amendments, including the cyberspace rules introduced by the Digital Millennium Copyright Act. Subject matter treated will include literary characters; musical works; pictorial, graphic, and sculptural works; industrial designs; motion pictures and plays; sound recordings; computer programs and databases. Throughout the course effort is made to clarify the relations between artistic property and industrial property (especially trademarks and unfair competition law) in the United States and at the international level. Students are encouraged to think critically about the unresolved economic and policy issues facing creators and innovators in an Information Age, issues that often reflect a larger, ongoing debate within the framework of the world's intellectual property system, and the course will prepare them for the practice of copyright law at any level.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

324.401

Corporate Restructuring

*Class dates are 3/19/18 through 4/27/18

3 Alon Brav, John Buley M/Th 12:30-2:45 PM Fuqua (Sauer Classroom) Unavailable Requires available Sakai site

This 3 credit course is designed to expose law and business students to the methods and theories that underlie corporate restructuring transactions. The course emphasizes the business strategies and valuation techniques that drive corporate transactions, while also illustrating the role of the law in such transactions. The coursework is practical, with each law student working with a group of MBA students to complete case-oriented assignments. Ideally, the law students learn from the business students and vice versa. In most years, student evaluation is based on these collaborative written assignments and class participation, and no final exam is required. (Check with the instructor for assignment details in any given year).

The course begins with an overview of the structure of the large-scale, public corporation, the conflicts of interest that exist between managers and stockholders, and the market forces and regulations designed to resolve such conflicts. Analytical techniques for valuing particular transactions will be discussed. Specific types of transactions will be examined, including, but not limited to mergers, acquisitions, tender offers, LBOs, divestitures, liquidations and reorganizations. In most cases, both financial and legal implications will be explored. Guest speakers help enhance the practical, real world perspective of the class.

Business Associations is required for all law students. Other corporate law courses such as Securities Regulation and Law of Corporate Finance can be helpful but not required. Some prior exposure to the principles of finance is strongly recommended. Please note that this course meets on the Fuqua half-semester schedule, which begins in mid March and ends in late April.
 

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Class participation
Pre/Co-requisites
Business Associations

324.402

Corporate Restructuring

*Class dates are 3/19/18 through 4/27/18

3 Alon Brav, John Buley M/Th 3:00-5:15 PM Fuqua (Sauer Classroom) Unavailable Requires available Sakai site

This 3 credit course is designed to expose law and business students to the methods and theories that underlie corporate restructuring transactions. The course emphasizes the business strategies and valuation techniques that drive corporate transactions, while also illustrating the role of the law in such transactions. The coursework is practical, with each law student working with a group of MBA students to complete case-oriented assignments. Ideally, the law students learn from the business students and vice versa. In most years, student evaluation is based on these collaborative written assignments and class participation, and no final exam is required. (Check with the instructor for assignment details in any given year).

The course begins with an overview of the structure of the large-scale, public corporation, the conflicts of interest that exist between managers and stockholders, and the market forces and regulations designed to resolve such conflicts. Analytical techniques for valuing particular transactions will be discussed. Specific types of transactions will be examined, including, but not limited to mergers, acquisitions, tender offers, LBOs, divestitures, liquidations and reorganizations. In most cases, both financial and legal implications will be explored. Guest speakers help enhance the practical, real world perspective of the class.

Business Associations is required for all law students. Other corporate law courses such as Securities Regulation and Law of Corporate Finance can be helpful but not required. Some prior exposure to the principles of finance is strongly recommended. Please note that this course meets on the Fuqua half-semester schedule, which begins in mid March and ends in late April.
 

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Class participation
Pre/Co-requisites
Business Associations

325.01

Corporate Finance 3 Elisabeth D. de Fontenay MW 2:00-3:25 PM 3041 Site link LAW.325.01.Sp18@sakai.duke.edu

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 without an appreciation of the basics of corporate finance are at a distinct disadvantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages. Even students who do not plan to venture into the corporate world will benefit from this course. The financial principles covered are essential for lawyers intending to do estate or tax planning, litigate divorces, or draft the compensation agreements for business entities of all types.
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; basic financial accounting; derivatives; and the application of these principles to legal practice.

Methods of Evaluation
  • Final Exam
  • Practical exercises
Pre/Co-requisites
None

326.01

Corporate Taxation 3 Lawrence A. Zelenak Tu/Th 10:55-12:20 PM 4045 Site link LAW.326.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
Federal Income Taxation

328.01

International Debt Finance (and Sovereign Debt Crises) 2 Mitu Gulati Tu 6:00-7:50 PM 3000 Site link LAW.328.01.Sp18@sakai.duke.edu

This course uses the lens of international debt finance to provide students with an advanced course in securities law, corporate law, and contract law. In the area of international debt finance, particular attention will be paid to debt issuances by sovereign nations. Given that much of this market is centered in New York and London, the focus of the course will be on U.S. and English law contracts and securities regulatory systems (including stock exchange listing regimes). Particular attention will be paid to how lawyers and their clients (both the sovereigns and the investment bankers) think about how to structure their contracts and what disclosures to make to the public regarding these contracts. Finally, attention will also be paid to the question of how domestic law private law principles can be utilized to solve or at least ameliorate the problem of third world debt (with particular reference to Sub Saharan debt).

Note: Students may enroll in 328P for an opportunity to earn an additional credit.

Methods of Evaluation
Pre/Co-requisites
None

328P.01

International Debt Finance Add-on Credit 1 Mitu Gulati N/A N/A Unavailable Requires available Sakai site

Students have the option to complete a mid-semester assignment in Law 328 International Debt Finance for an additional credit. *LAW 328P MUST be added no later than 7th week of class.*

This course does not satisfy the JD Upper-Level Writing Requirement.

Methods of Evaluation
  • Add on credit
Pre/Co-requisites
None

330.01

Federal Criminal Law 4 Sara Sun Beale MW 2:00-3:50 PM 4042 Site link LAW.330.01.Sp18@sakai.duke.edu

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, 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, and oral advocacy will be emphasized.

The grade will be based on mock arguments and a paper.

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

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

334.01

Civil Rights Litigation 3 Darrell A. H. Miller MW 8:55-10:20 AM 4055 Site link LAW.334.01.Sp18@sakai.duke.edu

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.

Students may not enroll in both Civil Rights Litigation (334) and Fed Courts II – Public Law Litigation (344).

Methods of Evaluation
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

335.01

Private Equity and Hedge Funds 3 Elisabeth D. de Fontenay MW 10:55-12:20 AM 4045 Site link LAW.335.01.Sp18@sakai.duke.edu

Course Description:  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, particularly since the global financial crisis.  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.

Grading:  Grades will be based solely on a closed-book final examination.

Prerequisites:  Students must have completed or be concurrently enrolled in Business Associations or a similar 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.

 

Methods of Evaluation
  • Final Exam
  • Practical exercises
Pre/Co-requisites
Business Associations

336.01

Mergers & Acquisitions: A Practitioner's Perspective 2 Tu 8:30-10:20 AM 3041 Site link LAW.336.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
Business Associations

338.01

Animal Law 2 Amanda Schwoerke Tu 10:30-12:20 PM 3000 Unavailable Requires available Sakai site

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.

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

341.01

FDA Law & Policy 3 Thomas Williams Th 6:00-8:45 PM 4055 Site link LAW.341.01.Sp18@sakai.duke.edu

Introduction to basic principles of food and drug laws and examination of how significant doctrines of constitutional, administrative, and criminal law have been elaborated and applied in the food and drug context. The United States Food and Drug Administration has a pervasive role in American society: it is often said that the agency regulates products accounting for twenty-five cents of every dollar spent by consumers. Exploration of the complex interplay of legal, ethical, policy, scientific, and political considerations that underlie the FDA's regulatory authority, its policy-making, and its enforcement activity. 3 units.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

342.01

Federal Courts 4 Curtis A. Bradley MWTh 4:00-5:15 PM 3037 Site link LAW.342.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

344.01

Federal Courts II - Public Law Litigation 3 Ernest A. Young MW 8:55-10:20 AM 4045 Site link LAW.344.01.Sp18@sakai.duke.edu

This installment addresses a broad variety of public law litigation, including private rights of action to enforce federal statutes and constitutional litigation against federal and state governments and their officials. We will give significant attention to both federal and state sovereign immunity, as well as to doctrines of qualified and absolute immunity that protect individual government officers. The course also discusses the roles of state and federal courts in hearing public law litigation, including principles of judicial federalism limiting federal court interference with state judicial proceedings. We conclude with an extensive unit on federal habeas corpus remedies, including both challenges to federal executive detention (including the War on Terror cases) and collateral attack on state criminal convictions.

Federal Courts I (Fall 2015) is not required.

Students may not enroll in both Civil Rights Litigation (334) and Fed Courts II – Public Law Litigation (344).

344.01.Spring2018-syllabus.docx44.11 KB

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

345.01

Gender & the Law 3 Katharine T. Bartlett Tu/Th 2:00-3:25 PM 4047 Site link LAW.345.01.Sp18@sakai.duke.edu

This survey course examines topics in law relating to gender through a series of different theoretical perspectives. Topics include employment, the family, domestic violence, school sports, sexual harassment, pornography, prostitution, rape, affirmative action, women in legal practice, pregnancy, and sexual identity. Some film is used in class. Evaluation is by an end-of-term exam and three short "reaction papers."

Methods of Evaluation
  • Final Exam
  • Reflective Writing
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

346.01

Intellectual Capital and Competitive Strategy

*Class Begins March 5th

3 Wesley Cohen MTh 4:00-6:50 PM 4000 Unavailable Requires available Sakai site

In the majority of industries—and especially in R&D intensive industries like computers, semiconductors, software and biotech—competitive advantage relies critically upon a firm's management of the knowledge and know-how underpinning its product and process innovation. This course will consider how firms should manage and protect this intellectual capital. We will examine the management of intellectual capital from the vantage point of different types of firms—from start-ups to large incumbents—operating in different market environments. We will consider how firms should protect their intellectual capital, using not only patents, but lead time advantages, complementary marketing and manufacturing capabilities and secrecy, and extract value from their intellectual capital through commercialization and licensing. We will also consider when firms should share their intellectual capital with other firms—even rivals, and how firms should go about acquiring the intellectual capital of others. Building upon the research literatures of economics, organizational behavior, management, and the law, the course will have particular focus on technology intensive industries such as pharmaceuticals, biotechnology, computers, semiconductors, software and telecommunications.


Strategy 339

Methods of Evaluation
Pre/Co-requisites
None

348.01

East Asian Law

* New *

2 Ok-Rial Song W 2:00-3:50 PM 4044 Site link LAW.348.01.Sp18@sakai.duke.edu

This is a reading seminar, which will cover the East Asian law relating to the economic development, business practices, and financial regulation, exclusively focusing on Japan, Korea, and China. The legal system and economic development of these three countries have several features in common, if compared to the Western legal tradition, but the different history, culture, and politics of each country made its legal system distinctive to each other. This course aims to examine both these commonalities and distinctions, and thereby enhance our understanding of these three countries today. We will only cover the laws and practices relating to the corporate business and financial regulation, most of which have been inherited from the West. Such legal system has very little to do with the East Asian legal tradition. In most cases, it was previously based on the European Civil Law system, and recently more and more influenced by the Anglo-American laws and regulations. In this regard, the notions that have been often employed to explain the East Asian distinctions, such as Asian value, Confucianism, and traditional culture, will be rarely used or emphasized in this class. Rather, this course intends to examine how these three countries have struggled to incorporate the Western legal system—with or without its underlying assumptions and background social environments—into their society in a surprisingly limited time. To be sure, such transplant has not always been successful, and we can learn several lessons both from success and failure.

 

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

360.01

International Taxation 3 Peter A. Barnes MW 4:50-6:15 PM 4172 Site link LAW.360.01.Sp18@sakai.duke.edu

The course explores both the existing tax rules and the widespread policy concerns under discussion in the US and globally about current international tax law.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
Federal Income Taxation

361.01

International Trade Law 3 Scott Lincicome M 6:00-9:00 PM 4047 Site link LAW.361.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

363.01

Legislation and Statutory Interpretation 3 Margaret H. Lemos MW 10:55-12:20 PM 3000 Site link LAW.363.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

371.01

Products Liability 2 Benjamin Ewing Tu 8:55-10:45 AM 4040 Site link LAW.371.01.Sp18@sakai.duke.edu

In a first-year torts course, it is possible only to scratch of the surface of products liability law’s history, substantive and procedural complexity, theoretical underpinnings, and policy implications. Given its intricacy, practical significance, and usefulness as a window into tort law more generally, products liability is an ideal subject for an upper-level torts course. This dedicated products liability course offers students the opportunity to delve more deeply into the thorny legal doctrines and problems of proof that arise in the practice of products liability law. The course also gives students the chance to revisit many issues of general importance to tort law, including: strict liability versus negligence as potential bases for recovery in tort; the allocation of liability among plaintiffs and multiple tortfeasors; the interaction between doctrines of liability and problems of proof; and the relationships among economic regulation, social insurance, the law of contracts, and the law of torts.

Grading Basis: Graded

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

371W.01

Products Liability, Writing Credit 1 Benjamin Ewing N/A N/A Unavailable Requires available Sakai site

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

Grading Basis: Graded

Methods of Evaluation
  • Research paper, 25+ pages
Pre/Co-requisites

Concurrent enrollment in Law 371

376.01

History of International Law 2 Madeline Morris M 2:00-3:50 PM 4044 Site link LAW.376.01.Sp18@sakai.duke.edu

To understand any body of law, it is useful to understand its origins and development.  To understand international law – a body of law based largely on custom and “incremental development” – the study of its history is especially crucial.  The History of International Law will trace the development of the “Law of Nations” from its roots in the ancient world forward to the modern day.  The course will focus on the development of the core concepts of international law, including sovereignty, state responsibility, jurisdiction, territoriality, and nationality, and will trace the evolution of practice and thought on the field’s perennial quandaries, including the bases of international obligations and the mechanisms of enforcement.  By gaining a cohesive overview of the field’s historical underpinnings, students will be equipped with a firm grounding and framework for analysis of issues in the diverse areas of international law that they may study or in which they may practice.

Grading Basis: Graded

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites
None

379.01

Partnership Taxation

On February 12 and March 5, class will meet from 1-3:50 PM

2 Thomas Giegerich M 2:00-3:50 PM 4040 Site link LAW.379.01.Sp18@sakai.duke.edu

The course will cover the tax consequences of organizing, operating, and liquidating entities including related issues taxed as partnerships.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

380.01

Research Methods in International, Foreign and Comparative Law

Jan 10 – Mar 21

1 Michael McArthur Tu 4:00-5:30 PM 4000 Site link LAW.380.01.Sp18@sakai.duke.edu

This one-credit seminar in advanced legal research introduces students to specific sources and strategies for international, foreign, and comparative legal research. It covers key primary and secondary sources in both print and electronic formats, including freely available and subscription-based resources. The subjects examined include treaty law, the law of international organizations, European Union law, civil law and other foreign legal systems, as well as selected topics in international private law. The course emphasizes the research process, strategies, and evaluation of print and online sources in a changing information environment. This course is required for students enrolled in the J.D./LL.M. in Comparative and International Law and open to other students (2L and 3L) with the instructor's permission. The class will meet for eight 90-minute sessions. Grades will be based on in-class and take-home exercises, class participation, and a final research project.

Methods of Evaluation
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other
Pre/Co-requisites
None

384.01

Securities Regulation 4 James D. Cox MWTh 9:00-10:15 AM 3041 Site link LAW.384.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

390.01

Structuring and Regulating Financial Transactions 2 Zachary Smith, Alan Pope Tu 10:30-12:20 PM 3041 Site link LAW.390.01.Sp18@sakai.duke.edu

In this exciting, innovative, and important area of legal practice, companies domestically and worldwide raise money through an array of structures intended to separate “financial” assets—effectively rights to (or expectations of) payment—from the risks associated with the company.  The assets are then dedicated to repayment of capital market securities.  Sometimes referred to as structured finance or securitization, this approach creatively brings together many fundamental legal disciplines, including bankruptcy, securities law, corporation law, secured transactions, finance, and tax.  Using structured finance as an organizing principle, this course teaches the critical aspects of these disciplines that you are likely to encounter in practice.  In addition, the course introduces important commercial financing techniques and concepts, including guarantees, loan agreements, legal opinions, and letters of credit, as well as interest rate and currency swaps and other derivative products.  Furthermore, the course addresses how the capital markets work, including the role of rating agencies, and touches on the cross-border and transnational considerations that are essential to modern business transactions.  It also shows how structured finance principles can be applied broadly, such as to international project-finance transactions and to microfinance.  Finally, the course examines the ethics and efficiencies of “deconstructing” companies in this manner, including the use and possible abuse of special purpose entities and the potential to generate unanticipated consequences, as occurred in the 2007-09 financial crisis.

There is no formal prerequisite.  The class will be challenged to identify problems and find real-life, creative solutions.  A student without any business-law background should still be able to master the course because the relevant legal principles will be learned and applied along the way, in the same manner that a good practitioner learns. 

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

394B.01

Past and Future of Capitalist Democracy

Part 2 of a year-long course

3 Jedediah Purdy MW 10:55-12:20 PM 3171 Site link LAW.394B.01.Sp18@sakai.duke.edu

Democracy, equality, capitalism, and progress are framing ideas so fundamental today, yet all four are coming under various kinds of pressure. Does democracy work? What does equality mean? Is capitalism sustainable, ecologically or socially? Is progress real, and, if it is, can it also go backward? This seminar examines this issue through an historical examination of these four ideas. We will focus on competing understandings of the relationship between the political order (today widely assumed to be democratic in some form if it is to be legitimate) and the economic order (today widely assumed to be a version of free-market capitalism). Throughout, we will consider how conceptions of progress and equality provide essential support for versions of these accounts of the relationship between economics and politics. This is a year long course.

Methods of Evaluation
Pre/Co-requisites
None

399.01

Forensic Psychiatry 2 Sally C. Johnson, M.D. W 10:30-12:20 PM 4044 Site link LAW.399.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
Pre/Co-requisites
None

400.02

Health Justice Clinic 4-6 S. Hannah Demeritt, Allison Rice Tu 4:00-5:50 PM 4040 Unavailable Requires available Sakai site

This course is an in-house legal clinic in which students provide legal representation for persons with HIV/AIDS, cancer, and other serious health conditions. Under the close supervision of clinical instructors, students represent clients in cases that are related to the client's health condition, including: estate planning (wills, living wills, health care powers of attorney, powers of attorney); government benefits (Medicaid, Medicare, Social Security Disability); permanency planning for children; health and disability insurance; guardianship; health-related discrimination in employment, housing and public accommodations; health information privacy; and other civil cases related to health. Students are certified under North Carolina's Student Practice Rules.

Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, and health disparities and stigma. Students also meet individually with clinic instructors each week. Each student carries an individual case load and is required to meet a minimum hours requirement. The course is offered for 4, 5, or 6 credits, with hour requirements of 100, 125, and 150 respectively.

AIDS and the Law is recommended, but not required for enrollment in the clinic. This clinic is offered each semester. Students must be at least in their second semester, second year to take this clinic, because of the requirements of the Student Practice Rules.

Clinics Enrollment Policy

Important:

  • Students are required to attend the day-long clinic intensive training session.  Students who have previously completed a clinic may skip the morning portion of the intensive.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
  • Course website
  • ** Variable Credits 4-6 **

Ethics Requirement

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

Enrollment Pre/co-requisite

Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

Methods of Evaluation
  • Journal
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
None

401.02

Advanced Health Justice Clinic S. Hannah Demeritt, Allison Rice N/A N/A Unavailable Requires available Sakai site

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.

Methods of Evaluation
  • Live-client representation and case management
Pre/Co-requisites

Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

402.02

HIV / AIDS Policy Clinic 3 Carolyn McAllaster, Allison Rice N/A N/A Unavailable Requires available Sakai site

Students in this clinic will focus on policy work rather than direct client representation. Students will work on policy initiatives aimed at increasing access to quality, comprehensive health care for low-income individuals living with chronic illnesses like HIV/AIDS. The policy work will focus on barriers to access to care and prevention, including implementation of health care reform in North Carolina, funding disparities throughout the Southern US, HIV-related stigma, criminalization of HIV, and access to HIV medications.. Students will work to inform policy recommendations and advocacy strategies at the national, regional, state and county levels in executive, legislative and regulatory arenas. Over the course of a semester, students can expect to accumulate a wealth of hands-on experience in current and emerging health policy issues on the state and federal level. Students will conduct legal and fact-based research to inform policy recommendations, produce in-depth reports, comment letters, presentations to policy makers, and draft legislation or regulatory guidance. Each student will focus on particular policy project(s) and will be required to spend a minimum of 100 hours on their clinic project(s). We will have regular group meetings with students and clinic faculty throughout the semester.

Clinics Enrollment Policy

IMPORTANT:
Instructor permission is required for enrollment in the AIDS Policy Clinic. This course may not be dropped after the first class meeting.

Instructor Permission Required for Enrollment
To enroll in the Clinic, you must have successfully completed at least two semesters of Law School and have instructor permission. It is helpful to have had experience working on HIV/AIDS or other health health policy or related issues, or to have taken AIDS and the Law and/or the AIDS Legal Assistance Project.

Methods of Evaluation
  • Group project(s)
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

404.02

Advanced HIV/AIDS Policy Clinic Carolyn McAllaster, Allison Rice N/A N/A Unavailable Requires available Sakai site

This clinic provides an opportunity for students who want to do advanced work after completing the HIV/AIDS Policy Clinic. Variable Credit.

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Reflective Writing
  • Group project(s)
  • Class participation
Pre/Co-requisites
HIV / AIDS Policy Clinic

405.02

Appellate Practice 3 Sean E. Andrussier W 6:00-8:00 PM 4042 Site link LAW.405.02.Sp18@sakai.duke.edu

Please note: This is a one-time spring offering of Appellate Practice, a course normally offered only in the fall semester.  In future years, as in the past, Appellate Practice course will be offered only in the fall semester.  Students who enroll in this spring 2017 course cannot enroll in Appellate Practice next fall.  And a student who has already taken Appellate Practice cannot enroll in this spring course.  This one-time spring offering differs from the usual fall course in several respects.  See below.

This course introduces students to the practice of appellate advocacy and the appellate process. Students learn about strategies for effective advocacy while refining their skills. The central project entails researching and writing an appellate brief followed by an oral argument to the instructor and a practitioner. The entire class will be assigned the same case, with half on one side and half on the other.

This one-time spring 2017 offering differs from the standard Appellate Practice course offered each fall in several respects.  For example, this spring course is not linked to the Dean’s Cup and has nothing to do with the Dean’s Cup or other moot court tournament.  Moreover, unlike the fall course, this spring offering will not involve real judges (in the fall course, students’ briefs and oral arguments are assessed by real appellate judges, who meet with students).  Compared with the fall course, this spring offering course will focus somewhat more on aspects of briefing/writing and somewhat less on oral advocacy.

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation
Pre/Co-requisites
None

416.02

Children's Law Clinic Brenda Berlin, Jane R. Wettach Tu 2:00-3:50 PM 3171 Site link LAW.416.02.Sp18@sakai.duke.edu

Students in this course participate in a legal clinic focused on the representation of low income children and their parents. While the majority of cases will focus on school-related matters, students may also participate in cases involving other issues relating to the health and well-being of children, such as government benefits and limited family law. Students will have an individual case load and will be closely supervised by clinic faculty. Various case assignments can involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. Students must attend a two-hour seminar once per week, with associated preparation. Students work on clinic cases approximately 10-12 hours a week, for a minimum of 125 hours of legal work during the semester for 5 credits and 100 hours for 4 credits. There is no paper and no exam. Students must be in at least their fourth semester of law school to enroll in the clinic due to state student practice rules. Education Law is recommended, but not required. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic. (see Clinics Enrollment Policy).

Important:

  • This course may not be dropped after the first class meeting.
  • *Variable Credit: 4-5 credits upon student selection*
  • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

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

Methods of Evaluation
  • In-class exercise
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

417.02

Advanced Children's Law Clinic 3 Brenda Berlin, Jane R. Wettach N/A N/A Unavailable Requires available Sakai site

This three-credit course is available to students who have participated in one semester in the Children's Law Clinic, and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing a minimum of 125 hours of client representation work, but will not be required to attend the class sessions.

Methods of Evaluation
  • Live-client representation and case management
  • Practical exercises
Pre/Co-requisites
Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

420.01

Trial Practice 3 Donald H. Beskind W 4:00-6:45 PM; Th 7:35-8:35 PM 4049 Site link LAW.420.01.Sp18@sakai.duke.edu

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

In the Fall, the class, which focuses on criminal trials, lasts the full semester. Three sections focusing on civil trials and one section focusing on criminal trials Law 422 are offered in the Spring.

Methods of Evaluation
Pre/Co-requisites
Evidence

420.02

Trial Practice 3 Michael Dockterman M 4:00-6:45 PM; Th 7:35-8:35 PM 4049 Site link LAW.420.02.Sp18@sakai.duke.edu

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

In the Fall, the class, which focuses on criminal trials, lasts the full semester. Three sections focusing on civil trials and one section focusing on criminal trials Law 422 are offered in the Spring.

Methods of Evaluation
Pre/Co-requisites
Evidence

421.02

Pre-Trial Litigation 2 Marilyn Forbes Phillips, Magistrate Judge L. Patrick Auld M 6:15-8:05 PM 4045 Site link LAW.421.02.Sp18@sakai.duke.edu

This course focuses on the path litigators must navigate prior to trial. It is becoming increasingly rare for cases to be decided by a jury; lawyers must learn to win in the pretrial process. We will explore the key components of the pretrial process, beginning with the filing of a law suit. This course provides an opportunity for students to synthesize their knowledge in procedure, evidence and advocacy. Topics include:

  • Drafting pleadings
  • Taking and defending depositions
  • Creating and responding to discovery
  • Planning strategy and motions

The course grade is based on classroom participation, performance and written work. There is not a final exam.

Methods of Evaluation
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

422.02

Criminal Trial Practice 3 Thomas K. Maher M 7:00-9:45 PM; Th 7:35-8:35 PM 4049 Site link LAW.422.02.Sp18@sakai.duke.edu

This basic trial skills course covers Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. Students will prepare and perform these skills using simulated problems and case files. Students receive constructive comments from faculty who are experienced trial lawyers. The course ends with a full jury trial with teams of two students on each side. At the end of the trial, the jury deliberates while students observe. This class is appropriate for students with an interest in trial practice, with a specific focus on trial skills in the context of criminal litigation.

In the Fall, this class lasts all semester. In the Spring, this course follows the schedule for the three sections that cover both civil and criminal trials. See Law 420.

Methods of Evaluation
Pre/Co-requisites
Evidence

427.02

Community Enterprise Law Clinic 4 Andrew Foster Tu 2:00-3:25 PM 4040 Site link LAW.427.02.Sp18@sakai.duke.edu

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

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

428.02

Advanced Community Enterprise Clinic 2 Andrew Foster N/A N/A Unavailable Requires available Sakai site
This two-credit course is available to students who have participated in one semester in the community enterprise clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing 100-120 hours of client representation work, but will not be required to attend the class sessions.

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

429.02

Civil Justice Clinic 4 Charles R. Holton Tu 4:00-5:50 PM 4046 Site link LAW.429.02.Sp18@sakai.duke.edu

This clinic will develop and hone civil litigation skills in the context of working on actual cases in association with the Durham and Raleigh offices of Legal Aid of North Carolina and with the North Carolina Office of Administrative Hearings. Cases will focus on vindicating the rights of impoverished individuals or groups who cannot otherwise adequately find justice in the civil courts. Students will be directly supervised by Legal Aid attorneys and/or the Clinic Director. Cases may include prosecuting unsafe housing claims, defense of eviction claims, prosecuting unfair trade practice claims, administrative hearing appeals for the revocation of licenses/certifications, and a variety of other matters. Initial classroom training in the various stages of civil litigation will be conducted by the Clinic Director, followed by weekly individual or group training sessions. Skill development will include interviewing clients/witnesses, review of relevant documents/discovery, assessment of cases, drafting of pleadings, drafting of discovery, taking of depositions, recognition of ethics issues, and actual court or agency appearances. All enrolled students will be required to provide a minimum of 100 hours of client legal work per semester as well as to participate in the weekly class and training sessions. Students must be in at least their fourth semester of law school to enroll in the clinic. Courses in Evidence and/or Trial Practice are recommended but not required as prerequisites or corequisites.


Important:

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

Ethics Requirement

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

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

431.02

Advanced Civil Justice Clinic Charles R. Holton N/A N/A Unavailable Requires available Sakai site

This course builds on the lectures, training, and work of the basic Civil Justice Clinic.

Variable Units: 1-2 credits

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

437.02

International Human Rights Clinic 5 Jayne Huckerby, Aya Fujimura-Fanselow Tu 4:00-5:50 PM 4044 Site link LAW.437.02.Sp18@sakai.duke.edu

The International Human Rights Clinic provides students with an opportunity to critically engage with human rights issues, strategies, tactics, institutions, and law in both domestic and international settings. Through the weekly seminar and fieldwork, students will develop practical tools for human rights advocacy—such as fact-finding, litigation, indicators, reporting, and messaging—that integrate inter-disciplinary methods and maximize the use of new technologies. Students will also develop core competencies related to managing trauma in human rights work, as well as the ethical and accountability challenges in human rights lawyering. Types of clinic projects include those that: apply a human rights framework to domestic issues; involve human rights advocacy abroad; engage with international institutions to advance human rights; and/or address human rights in U.S. foreign policy. Students work closely with local organizations, international NGOs, and U.N. human rights experts and bodies. Some travel will likely be involved. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects approximately 10-12 hours a week, for a minimum of 125 hours of clinical work during the semester.  This course may not be dropped after the first class meeting.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Class participation
Pre/Co-requisites

J.D. students are required to have taken International Human Rights Advocacy (offered only in the Fall) as either a pre-requisite or co-requisite. Instructor permission is required for enrollment of LL.M. students. LL.M. students seeking to take the Clinic should contact Prof. Huckerby to determine whether International Human Rights Advocacy is either a pre-requisite or co-requisite.

Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

438.02

Advanced Human Rights Clinic Jayne Huckerby, Aya Fujimura-Fanselow N/A N/A Site link LAW.438.02.Sp18@sakai.duke.edu

Methods of Evaluation
Pre/Co-requisites
None

441.02

Start-Up Ventures Clinic 4 Bryan McGann Tu 2:00-3:25 PM 4172 Unavailable Requires available Sakai site

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

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

Law Tech Focus: Some enrolled students will have the option of spending a portion of their clinic time working on legal technology projects in association with the Duke Law Center on Law & Technology, including (1) working with the Duke Law Tech Lab, a pre-accelerator program for legal technologies and (2) building real legal tech tools to serve entrepreneurs.

Important:

    • In order to be eligible to enroll in the Clinic, you must have successfully completed at least three semesters of Law School and meet the Ethics Requirement. See Clinics Enrollment Policy
    • This course may not be dropped after the first class meeting.
    • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
    • International LLM students who wish to enroll in a clinic must seek the permission of the instructor prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
  • Business Associations and Advising the Entrepreneurial Client are recommended but not required.

Ethics Requirement

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

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites

Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

441A.02

Advanced Start-Up Ventures Clinic Bryan McGann N/A N/A Unavailable Requires available Sakai site

The Advanced Start-Up Ventures Clinic will represent a range of early-stage ventures on a variety of matters related to the start-up process.

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
Start-Up Ventures Clinic

443.02

Environmental Law and Policy Clinic 4 Ryke Longest, Michelle Benedict Nowlin Tu 2:00-3:50 PM 4046 Site link LAW.443.02.Sp2018@sakai.duke.edu

Under the supervision of the clinical faculty, students will work on current case and policy advocacy priorities as determined by the Clinic's Intake Board. Cases and issues undertaken by the Clinic may include the following subject areas: water quality, air quality, natural resources conservation, endangered species, agriculture, sustainable development, public trust resources and environmental justice. Practical skills training will emphasize skills needed to counsel clients, examine witnesses and to advocate effectively in rulemaking and litigation settings. Generally, students may only enroll in the clinic for 1 semester, but may enroll for 2 semesters with the permission of the instructor if space permits. All enrolled students will be required to provide a minimum of 100 hours of work per semester to the clinic. In addition, students must participate in weekly group training meetings as well. The clinic office is located in the law school building. Law students must be in at least their fourth semester of law school to enroll in the clinic. Nicholas School students must be in at least their second semester.

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites

Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

443A.02

Advanced Environmental Law and Policy Ryke Longest, Michelle Benedict Nowlin N/A N/A Unavailable Requires available Sakai site

This variable-credit course is available to students who have participated in one semester in the Environmental Law and Policy Clinic, and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Placements may be available in the event that the clinic is not fully enrolled with first-time participants, and in exceptional situations, when the clinic director determines it would be in the best interest of the clinic to make an exception to the usual maximum enrollment. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing at least 100 hours of client representation work (or more, depending on credit hours), but will not be required to attend the class sessions.

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

460.05

Negotiation 3 Robert Beason M 4:00-6:45 PM 3041 Site link LAW.460.05.Sp18@sakai.duke.edu

This seminar is intended to explore the processes of negotiation and settlement in legal and other contexts. Negotiation can be defined as the process by which two or more parties attempt to reach a mutually agreed upon decision regarding the social ordering of relationships or the resolution of a dispute. Thus, for example, agreement on a contract between two or more parties entails negotiation. Most civil and criminal litigation is settled by negotiation rather than decided at trial. Today, in many states, mandatory mediation–negotiation facilitated by a neutral party–is required before a case can be scheduled for trial. Other forms of alternative dispute resolution such as arbitration or summary jury trials are usually preceded by negotiation. The seminar will focus on the nature of interpersonal and intergroup conflict and strategies and tactics of negotiation. It will also focus on the unique aspects of an attorney representing a client in negotiation, including the ethical duties of a lawyer in this context.  Goals of the seminar are to provide students with the opportunity to analyze the social process of conflict resolution in different legal contexts (including transactional, litigation, and international), to gain insight into their own negotiation styles, and to improve their negotiation skills.  One email negotiation is included, and one class will introduce mediation advocacy techniques to help prepare students to negotiate when a mediator is involved in dispute resolution.

The seminar makes use of role-play simulation materials and assigned readings. The seminar requires consistent and active class participation, weekly journals or guided questionnaires, and a final paper. Because of the nature of the course, the amount of information delivered during the first class period, the importance of participating in the first role-play simulation during the first class period, and the historically long waitlists for enrollment in the course, attendance at the first class is absolutely required. A student who fails to attend the first class without prior consent of the instructor will forfeit his or her place in the class. (Working for an additional week in the summer will not be an acceptable excuse for missing the first week of class.  Neither will a call-back interview.) Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enter the class before the second class occurs.  Thus, students may drop this course without permission only before the second class meeting.

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

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Journal
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

460.06

Negotiation 3 Diane Dimond W 4:00-6:45 PM 4000 Site link LAW.460.06.Sp18@sakai.duke.edu

This seminar is intended to explore the processes of negotiation and settlement in legal and other contexts. Negotiation can be defined as the process by which two or more parties attempt to reach a mutually agreed upon decision regarding the social ordering of relationships or the resolution of a dispute. Thus, for example, agreement on a contract between two or more parties entails negotiation. Most civil and criminal litigation is settled by negotiation rather than decided at trial. Today, in many states, mandatory mediation–negotiation facilitated by a neutral party–is required before a case can be scheduled for trial. Other forms of alternative dispute resolution such as arbitration or summary jury trials are usually preceded by negotiation. The seminar will focus on the nature of interpersonal and intergroup conflict and strategies and tactics of negotiation. It will also focus on the unique aspects of an attorney representing a client in negotiation, including the ethical duties of a lawyer in this context.  Goals of the seminar are to provide students with the opportunity to analyze the social process of conflict resolution in different legal contexts (including transactional, litigation, and international), to gain insight into their own negotiation styles, and to improve their negotiation skills.  One email negotiation is included, and one class will introduce mediation advocacy techniques to help prepare students to negotiate when a mediator is involved in dispute resolution.

The seminar makes use of role-play simulation materials and assigned readings. The seminar requires consistent and active class participation, weekly journals or guided questionnaires, and a final paper. Because of the nature of the course, the amount of information delivered during the first class period, the importance of participating in the first role-play simulation during the first class period, and the historically long waitlists for enrollment in the course, attendance at the first class is absolutely required. A student who fails to attend the first class without prior consent of the instructor will forfeit his or her place in the class. (Working for an additional week in the summer will not be an acceptable excuse for missing the first week of class.  Neither will a call-back interview.) Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enter the class before the second class occurs.  Thus, students may drop this course without permission only before the second class meeting.

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

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Journal
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

460.07

Negotiation 3 Rene Stemple Ellis Th 4:00-6:45 PM 3041 Site link LAW.460.07.Sp18@sakai.duke.edu

This seminar is intended to explore the processes of negotiation and settlement in legal and other contexts. Negotiation can be defined as the process by which two or more parties attempt to reach a mutually agreed upon decision regarding the social ordering of relationships or the resolution of a dispute. Thus, for example, agreement on a contract between two or more parties entails negotiation. Most civil and criminal litigation is settled by negotiation rather than decided at trial. Today, in many states, mandatory mediation–negotiation facilitated by a neutral party–is required before a case can be scheduled for trial. Other forms of alternative dispute resolution such as arbitration or summary jury trials are usually preceded by negotiation. The seminar will focus on the nature of interpersonal and intergroup conflict and strategies and tactics of negotiation. It will also focus on the unique aspects of an attorney representing a client in negotiation, including the ethical duties of a lawyer in this context.  Goals of the seminar are to provide students with the opportunity to analyze the social process of conflict resolution in different legal contexts (including transactional, litigation, and international), to gain insight into their own negotiation styles, and to improve their negotiation skills.  One email negotiation is included, and one class will introduce mediation advocacy techniques to help prepare students to negotiate when a mediator is involved in dispute resolution.

The seminar makes use of role-play simulation materials and assigned readings. The seminar requires consistent and active class participation, weekly journals or guided questionnaires, and a final paper. Because of the nature of the course, the amount of information delivered during the first class period, the importance of participating in the first role-play simulation during the first class period, and the historically long waitlists for enrollment in the course, attendance at the first class is absolutely required. A student who fails to attend the first class without prior consent of the instructor will forfeit his or her place in the class. (Working for an additional week in the summer will not be an acceptable excuse for missing the first week of class.  Neither will a call-back interview.) Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enter the class before the second class occurs.  Thus, students may drop this course without permission only before the second class meeting.

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

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Journal
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

460.08

Negotiation 3 Frances Turner Mock Tu 2:00-4:45 PM 3037 Site link LAW.460.08.Sp18@sakai.duke.edu

This seminar is intended to explore the processes of negotiation and settlement in legal and other contexts. Negotiation can be defined as the process by which two or more parties attempt to reach a mutually agreed upon decision regarding the social ordering of relationships or the resolution of a dispute. Thus, for example, agreement on a contract between two or more parties entails negotiation. Most civil and criminal litigation is settled by negotiation rather than decided at trial. Today, in many states, mandatory mediation–negotiation facilitated by a neutral party–is required before a case can be scheduled for trial. Other forms of alternative dispute resolution such as arbitration or summary jury trials are usually preceded by negotiation. The seminar will focus on the nature of interpersonal and intergroup conflict and strategies and tactics of negotiation. It will also focus on the unique aspects of an attorney representing a client in negotiation, including the ethical duties of a lawyer in this context.  Goals of the seminar are to provide students with the opportunity to analyze the social process of conflict resolution in different legal contexts (including transactional, litigation, and international), to gain insight into their own negotiation styles, and to improve their negotiation skills.  One email negotiation is included, and one class will introduce mediation advocacy techniques to help prepare students to negotiate when a mediator is involved in dispute resolution.

The seminar makes use of role-play simulation materials and assigned readings. The seminar requires consistent and active class participation, weekly journals or guided questionnaires, and a final paper. Because of the nature of the course, the amount of information delivered during the first class period, the importance of participating in the first role-play simulation during the first class period, and the historically long waitlists for enrollment in the course, attendance at the first class is absolutely required. A student who fails to attend the first class without prior consent of the instructor will forfeit his or her place in the class. (Working for an additional week in the summer will not be an acceptable excuse for missing the first week of class.  Neither will a call-back interview.) Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enter the class before the second class occurs.  Thus, students may drop this course without permission only before the second class meeting.

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

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Journal
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

470.01

Poverty Law 3 Sara Sternberg Greene MW 2:00-3:25 PM 3000 Site link LAW.470.01.Sp18@sakai.duke.edu

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).

Methods of Evaluation
  • Final Exam
Pre/Co-requisites
None

471.01

Science Regulation Lab
* New Name * formerly Amicus Lab
2 Michael B. Waitzkin W 5:00-7:30 PM 4046 Site link LAW.471.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

473.03

Scholarly Writing Workshop 3 Jeremy Mullem Th 8:55-10:45 AM 3171 Site link LAW.473.03.Sp18@sakai.duke.edu

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 upper-level writing requirements.

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

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

Methods of Evaluation
  • Research paper, 25+ pages
  • Class participation
  • Other
Pre/Co-requisites
None

493.02

Wrongful Convictions Clinic 4 Jamie T. Lau, Theresa A. Newman, James E. Coleman, Jr. Tu 4:00-5:50 PM 1178 Site link LAW.493.02.Sp18@sakai.duke.edu

The Wrongful Convictions Clinic investigates North Carolina prisoners' claims of actual innocence and wrongful conviction. Students typically work in teams of two on one inmate's case. Among other things, the teams meet with the client (in prison), read and digest trial transcripts, interview witnesses, consult with experts, prepare investigative and legal strategies, and, if the case is ready, prepare the comprehensive Motion for Appropriate Relief to have the client's conviction overturned. The seminar component of the Clinic examines the principal problems that lead to the conviction of the innocent and the leading proposals for reform, including mistaken eyewitness identification, false confessions, faulty forensic evidence, the role of forensic DNA testing, post-conviction remedies for innocence claims, the use of "jailhouse snitches" and other cooperating witnesses, incompetent defense counsel, and police and prosecutorial misconduct. The seminar also includes skills-training sessions, during which students gain training in negotiation, interviewing, writing, and more. During the semester, students are required to perform a minimum of 100 hours of client work (in addition to weekly seminar preparation and attendance). Students must also attend the Clinic Intensive Training Day scheduled early in the semester, which is conducted collectively with the other Duke Law Clinics.

Methods of Evaluation
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)

494.02

Advanced Wrongful Convictions Clinic Jamie T. Lau, Theresa A. Newman, James E. Coleman, Jr. N/A N/A Site link LAW.494.02.Sp18@sakai.duke.edu

The Advanced Clinic builds on the lectures, training, and work of the Wrongful Convictions Clinic. Students will be assigned to Clinic cases, working more independently than Clinic students, though still under faculty supervision.  Depending on the status of the case, students will interview witnesses, draft legal documents, work with experts, prepare for court, and otherwise take the steps necessary to prove the Clinic client’s claim of innocence and related constitutional claims.  Prerequisite: Wrongful Convictions Clinic or, in the exceptional case, permission of the instructor.

 

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

504.01

Critical Race Theory

* New *

2 Trina Jones Tu 4:00-5:50 PM 3171 Site link LAW.504.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation
Pre/Co-requisites
None

510.02

Legal Interviewing & Counseling 2 Marilyn Forbes Phillips W 4:00-5:50 PM 3041 Site link LAW.510.02.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Journal
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

515.02

Contract Drafting for the Finance Lawyer 2 Alexandra K. Johnson M 10:30-12:20 PM 4046 Site link LAW.515.02.Sp18@sakai.duke.edu
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.

Methods of Evaluation
  • Practical exercises
  • In-class exercise
  • Class participation
  • Variable by section
Pre/Co-requisites
Business Associations

517.01

Advanced Contracts 2 Kimberly D. Krawiec Th 2:00-3:50 PM 4172 Site link LAW.517.01.Sp18@sakai.duke.edu
Each course segment will consider in depth a foundational tenet of contract law, but applied to a new and modern fact pattern. For example, does an agreement to exchange one kidney for another (as in the increasingly common kidney paired donation) involve consideration? Is it void as against public policy? What is the obligation of airlines, hotels, and third party providers (such as Expedia) to honor "mistake fares" in an age when technology allows potentially millions of purchases before the offeror discovers the error?
We'll begin each segment with a modern fact pattern in which the law is unclear or in flux. We'll read the classic contracts cases and scholarly articles on point, with application to the new fact pattern in mind. Are the old doctrines still a good fit for the new world? Are the public policy rationales behind the law still relevant? What new considerations are present? Project assignments are designed to place students in roles of problems-solvers, policymakers, or judges considering real-life, current disputes. There will be substantial writing, teamwork, and oral presentations.

Methods of Evaluation
Pre/Co-requisites
None

517W.01

Advanced Contracts, Writing Credit 1 Kimberly D. Krawiec N/A N/A Unavailable Requires available Sakai site

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

Methods of Evaluation
  • Research paper, 25+ pages
Pre/Co-requisites

concurrent enrollment in LAW 517 required

519.02

Contract Drafting 2 Sarah Powell Th 10:30-12:20 PM 4040 Site link law.519.01.sp18@sakai.duke.edu

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

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

Methods of Evaluation
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other
Pre/Co-requisites
None

520.01

Climate Change and the Law 2 Jonathan B. Wiener Tu 4:00-5:50 PM 4045 Site link LAW.520.01.Sp18@sakai.duke.edu

This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – primarily at the international treaty level and in the United States, with attention as well to the law in Europe, Australia, China, Brazil, and elsewhere.

We will compare alternative approaches that could be taken by the legal regime to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, technology R&D, prescriptive regulation, reducing deforestation, geoengineering, adaptation); the spatial scale (global, regional, national, local); the time scale (precautionary or adaptive, over decades or centuries); and key normative criteria for policy choice. We will also examine the actual legal measures that have been adopted so far to manage climate change: the international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997), and the results of follow-on meetings such as Copenhagen (2009), Cancun (2010), Durban (2011), Doha (2012), Warsaw (2013), and the Paris Agreement (2015); and the policies undertaken by the US, Europe, Australia, China, Brazil, and other key countries. In the US, we will study national (federal) and sub-national (state and local) policies, including: legislative proposals in the US Congress; the US Supreme Court's decisions in Massachusetts v. EPA (2007), and Connecticut v. AEP (2011), addressing issues including standing to sue, statutory interpretation, delegation, administrative discretion, comparative institutional competence, and statutory preemption of common law; administrative regulation by US EPA under the current Clean Air Act; other federal laws such as the ESA and NEPA; state-level action by California, RGGI, and others; and common-law tort liability applied to climate change.

Questions we will discuss include: How effective and efficient are the policies being proposed and adopted? How do actions at the national and international levels affect each other (e.g. reinforcing or conflicting)? Can current institutions deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change? What roles do changing scientific and economic understanding play in evolving legal responses? How do institutions and the public respond to potential but inchoate catastrophes? Will dealing with mega-problems necessitate or lead to basic changes in legal institutions? Should the US states be acting? Should you buy personal carbon offsets? Should the US have joined Kyoto, or have organized a parallel regime of major emitters, or have done something else? How should we appraise FCCC/Kyoto process so far? What will follow from the 2015 Paris Agreement, and how should it be implemented? What are the best ways to engage countries in international cooperation? What principles of international and intergenerational justice should guide efforts to control climate change? How should aggregate social well-being, and distributional equity for the world's poor, shape climate change policy? Should greenhouse gas emitters (countries, businesses, consumers) be legally liable or responsible to compensate victims for their losses? What is the best mix of mitigation (prevention) and adaptation (resilience)? How will climate policy be influenced by geopolitical changes such as the rise of China and India, and a shift from the US as lone superpower to a more multipolar world of several great powers? How will technological change affect law and policy, and how should the law seek to promote technological change? How should the legal system learn and remain adaptable to new information over time? What threats, challenges, and opportunities might climate change pose to legal and political systems?

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.

The Syllabus with weekly assignments, and the Resources (readings), will be posted on the Sakai site. (There is no textbook for this course; all readings will be posted on the Sakai site.)

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

522.01

Contract Drafting: The Next Generation 2 Erika J.S. Buell Tu 2:00-3:50 PM 4049 Site link LAW.522.01.Sp18@sakai.duke.edu

In their article Contract as Automaton: The Computational Representation of Financial Agreements, Mark Flood and Oliver Goodenough argue that not only can contracts be conceptualized as "finite machine states" that can be automated, but that conceptualizing the legal structure of a contract this way is helpful for determining whether a contract is internally coherent and complete.  Messrs. Flood and Goodenough are moving beyond computer assisted "document assembly"---where guided questions lead word-processor-based document template libraries to a traditional natural-language contract--and exploring an analytical process of turning (at least certain types of) contracts into computer automated "smart contracts".  Building off of Harry Surden's Computable Contracts, Flood and Goodenough apply computational theory to the various states, inputs and transitions of a loan agreement to make the contract a "deterministic finite automaton" (DFA).

This course covers the basic practical skills in contract drafting through written drafting exercises while exploring how legal practice and contract drafting will change.  While working with the course materials, we will inquire as to whether or not the contract elements can be formalized into a smart contract or DFA.  We will also explore Flood and Goodenough's proposition that "The exercise of representing contracts as DFAs can help us better understand how contracts work."  

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

Methods of Evaluation
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

522.02

Contract Drafting: The Next Generation 2 Erika J.S. Buell Tu 10:30-12:20 PM 4046 Site link LAW.522.02.Sp18@sakai.duke.edu

In their article Contract as Automaton: The Computational Representation of Financial Agreements, Mark Flood and Oliver Goodenough argue that not only can contracts be conceptualized as "finite machine states" that can be automated, but that conceptualizing the legal structure of a contract this way is helpful for determining whether a contract is internally coherent and complete.  Messrs. Flood and Goodenough are moving beyond computer assisted "document assembly"---where guided questions lead word-processor-based document template libraries to a traditional natural-language contract--and exploring an analytical process of turning (at least certain types of) contracts into computer automated "smart contracts".  Building off of Harry Surden's Computable Contracts, Flood and Goodenough apply computational theory to the various states, inputs and transitions of a loan agreement to make the contract a "deterministic finite automaton" (DFA).

This course covers the basic practical skills in contract drafting through written drafting exercises while exploring how legal practice and contract drafting will change.  While working with the course materials, we will inquire as to whether or not the contract elements can be formalized into a smart contract or DFA.  We will also explore Flood and Goodenough's proposition that "The exercise of representing contracts as DFAs can help us better understand how contracts work."  

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

Methods of Evaluation
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

527.01

Access to Medicines: Intellectual Property and Global Public Health 2 Jerome H. Reichman W 6:00-7:50 PM 3000 Site link LAW.527.01.Sp18@sakai.duke.edu

This 2 credit seminar examines the law and policy governing the availability, price and development of medicines worldwide, providing an overview of the international legal frameworks, national regulations, and innovation policies affecting access to existing medicines and the development of future treatments for global health. It encourages students to critically examine current international law governing pharmaceutical innovation and to engage in efforts to improve incentives for the pharmaceutical sector to better meet global health needs. This seminar is open to non-law graduate students depending on space and prior experience. Students may take a final take-home exam or write a 30 page paper. 

Note: An additional credit is available for students writing a 45 page paper.  Students wishing to take this option should enroll in Law 527W Access to Medicines Writing Credit and must be enrolled no later than the 7th week of class.

Methods of Evaluation
  • Final Exam, option
  • Research paper option, 25+ pages
Pre/Co-requisites
None

527W.01

Access to Medicines Writing Credit 1 Jerome H. Reichman N/A N/A Unavailable Requires available Sakai site

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

Methods of Evaluation
  • Add on credit
Pre/Co-requisites
None

529.01

Corporate Governance 3 Ofer Eldar W 4:00-6:45 PM 4055 Site link LAW.529.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Research paper, 25+ pages
  • Reflective Writing
Pre/Co-requisites
None

530.01

Entertainment Law 3 Kip Frey W 2:00-4:45 PM 3171 Site link LAW.530.01.Sp18@sakai.duke.edu

An introduction to the practice of entertainment law, this course examines selected theories, statutes, and regulations governing principal undertakings, business transactions, and legal relationships in the entertainment industries, including publishing, the theater, television and motion pictures, music, and related fields.

Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

Methods of Evaluation
Pre/Co-requisites

Intellectual Property is a prerequisite for this course OR Copyright Law AND Trademark Law and Unfair Competition.

531.01

In House Law Practice 2 Allen Nelson, Bradley Zimmer W 6:00-7:50 PM 4047 Site link LAW.531.01.Sp18@sakai.duke.edu

This course explores the substantive and procedural aspects of inhouse law practice, and how they differ from law firm and governmental practices. The class sessions will present substantive legal topics discussed with legal practitioners. Course materials will be drawn from statutory, regulatory, and policy-driven materials, as well as case studies. Students will have team-based interdisciplinary project assignments that will draw from topics discussed in the class, reflecting real-world scenarios.

The course is intended to provide law school students with an understanding of and practical skills for inhouse practice, legal issues unique to that practice, and practical issues that face inhouse lawyers. It 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.

40%: Memos
Each student will prepare two memos, of five pages each, on substantive legal issues presented during class; these memos will provide students an opportunity to demonstrate practical approaches to those legal issues.

20%: Presentation
Each student will make a 5 -8 minute individual presentation to the class, ostensibly to the general counsel of a corporation, in which students will provide an overview of recent developments in a given legal area and how it applies to the corporation. All students will receive a common fact pattern for the fictitious corporation, and each will be assigned a different legal area to which the fact pattern relates. Students will be videoed for their presentation and have the opportunity to review the same.

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

The project will include an individual written component of 10 pages, a group written component of five pages, and a 30-minute team presentation.

No prerequisites are contemplated as necessary.

Methods of Evaluation
  • Reflective Writing
  • Group project(s)
  • Oral presentation
Pre/Co-requisites
None

532.01

Venture Capital Financing 3 W.H. "Kip" Johnson III Tu 4:30-7:15 PM 4055 Site link LAW.532.01.Sp18@sakai.duke.edu

This class will focus on the legal and economic structure of venture capital transactions and will familiarize students with the legal agreements used to document these transactions. Using lectures and in-class exercises, students will learn the function of the most common transaction documents, the economic and/or legal purpose of the provisions contained within these documents and alternative approaches to address specific situations. Throughout the semester, students will work on a simulated transaction to gain experience in negotiating and drafting documents with an emphasis on meeting client objectives. Students will be evaluated on the basis of class participation and written assignments.

Business Associations is a mandatory prerequisite for the class. Securities Regulation and Advising the Entrepreneurial Client are recommended preparation for the course.

Methods of Evaluation
Pre/Co-requisites

LAW 384 SECURITIES REGULATION and LAW 534 ADVISING THE ENTREPRENEURIAL CLIENT are also recommended, but not required, as prerequisites for this course.

536.01

The Presidency and Criminal Investigations

* New *

1 Samuel W. Buell, Lisa Kern Griffin W 10:30-12:20 PM 4172 Site link LAW.536.01.Sp18@sakai.duke.edu

Recent developments have brought to the fore a collection of legal issues, some novel and others dormant for many years, relating to the interaction of the criminal investigative process with the White House and the presidency.  The seminar will discuss the legal boundaries around the criminal justice process’s interaction with the White House, while exploring larger themes about the office of the presidency and the constitutional structure of the national government.  The course will be structured around six relatively stand-alone topics:  (1) Independent and special counsels and their interaction with congressional investigations; (2) The grand jury, immunity, the Fifth Amendment privilege, and perjury/obstruction of justice, as they relate to White House investigations; (3) Representing the president:  attorney-client privilege, the White House counsel, and the private defense bar; (4) Executive privilege and potential executive immunity from indictment, trial, conviction and/or sentence; (5) The pardon power; and (6) The law of impeachment.
Students will be expected to lead one class meeting discussion during the semester, and a total of 15 pages of writing will be required. Students may elect to write four response papers of approximately four pages each, or one longer paper at the end of the semester of at least 15 pages.  Students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit, and this research project may be used to satisfy the upper-level writing requirement.

Grading Basis: Credit/No Credit

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

546.01

International Law of Armed Conflict 3 Charles J. Dunlap, Jr. M 6:00-8:50 PM 4055 Site link LAW.546.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation
Pre/Co-requisites
None

549.01

Corporate Counseling and Communication 2 Marie Grant Lukens Tu 4:00-5:50 PM 4047 Site link LAW.549.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

561.01

Tax Policy 3 Lawrence A. Zelenak Tu/Th 4:00-5:25 PM 4172 Site link LAW.561.01.Sp18@sakai.duke.edu

This three-credit seminar will feature weekly presentations (eleven in total) of works-in-progress on a wide range of tax policy topics, by leading tax academics from law schools around the country. The seminar will meet twice each week--first to discuss the paper prior to the arrival of its author, and a second time to discuss the paper with the author. Students will write a reaction paper (of approximately three pages) for each work-in-progress. Grades will be based on the reaction papers and on contributions to the seminar discussions.

Methods of Evaluation
Pre/Co-requisites

Federal Income Taxation is a prerequisite

564.01

Combatants & Civilians: The History of Status in the Law of War From Medieval Europe to Guantanamo Bay

* New *

2 Madeline Morris M 2:00-3:50 PM 4044 Site link LAW.564.01.Sp18@sakai.duke.edu

The central organizing principle of the jus in bello (the law of war governing the conduct of hostilities) is the distinction between combatants and non-combatants.  Combatants and Civilians: The History of Status in the Law of War From Medieval Europe to Guantanamo Bay will trace the historical development of combatant and non-combatant status in the law of war, examining in particular the constellations of (mutual and conflicting) state interests that produced that body of law.  Informed by that historical analysis, the course will then consider the meaning of the current debate on the status of “unlawful combatants” (or “unprivileged belligerents,” as restyled by the Obama administration) in the counterterrorism context and the contemporary implications of that debate

Methods of Evaluation
  • Scheduled in-class examination
  • Take-home examination
  • Class participation
Pre/Co-requisites
None

566B.01

Corporation and International Law
*Note: JD/LLMs Have Priority
3 Rachel Brewster F 11:45-1:35 PM 4000 Site link LAW.566B.01.Sp18@sakai.duke.edu

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

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

567.01

Identity, Law, & Politics Colloquium 2 Guy-Uriel Charles, Mitu Gulati W 4:00-5:50 PM 3000 Site link LAW.567.01.Sp18@sakai.duke.edu

This seminar will explore the current state of thinking about the relationship between identity, politics and legal regulation. In particular, attention will be paid during this upcoming semester to the situation in Puerto Rico.  Among the topics that will be considered are the roles that race and colonial identity have played in leading to Puerto Rico’s current political status (“foreign in a domestic sense”).  We will also consider how these factors (and others) have played into the current debt crisis that the Commonwealth is facing. In addition to Puerto Rico, we will also have discussions of other topics connecting to the broader theme of Law, Identity and Politics such as the Gender Gap in Legal Employment, the future of the Voting Rights Act, and the litigation over the Travel Ban.

Every week, students will be asked to do reaction papers to presentations by guest speakers.  These guests are a set of scholars who are doing some of the most current research on the above-mentioned topics.

The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will not be a final exam or final paper. There will be one class meeting most weeks; on one occasion though we will have two sessions.

 

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

568.01

Judicial Decisionmaking Colloquium

* New *

2 Marin K. Levy, Margaret H. Lemos M 4:00-5:50 PM 3000 Site link LAW.568.01.Sp18@sakai.duke.edu

This course will be devoted to exploring cutting-edge issues related to how U.S. courts operate, and how judges reach the decisions that resolve individual disputes and shape our law.  We expect to cover such topics as the role that personal characteristics (including race, gender, and ideology) play in judicial decisionmaking, collegial interactions among judges on multimember courts, interactions among courts at different levels of the judicial hierarchy, mechanisms for judicial selection and retention, and the relationship between the judiciary and other branches of government. 

We will explore these and related topics by reading works in progress by experts in the field, who will join us in class for discussion.  Most classes will follow the format of a faculty workshop rather than a conventional seminar.  The authors will present their work, and we will then have extensive Q&A.  We expect that the articles will cover a wide array of methodologies and subfields within law and social science—some will be squarely within the empirical literature on judicial decisionmaking, some will fit more neatly into federal courts literatures, and others will focus on institutional design or judicial administration.  The goals of the course include developing your expertise in how judges make their decisions and how courts function, as well as exposing you to the work of a wide range of scholars and methodologies.

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

570.01

Criminology and Criminal Procedure 2 Ben K. Grunwald Tu 8:55-10:45 AM 3171 Site link LAW.570.01.Sp18@sakai.duke.edu

In this seminar, we will read social science research to examine the empirical assumptions of rules, systems, and practices of criminal law and procedure. We will cover a series of empirical questions, which may include: (1) Does stop and frisk policing reduce crime? (2) Can body cameras change police behavior? (3) Does the death penalty deter? (4) Are there alternatives to incarceration that can keep us safe? (5) Is there racial disparity in sentencing, and if there is, what can we do about it? (6) What is the right age of majority to separate the juvenile and adult justice systems?

While some background in social science and statistics may be helpful, it is not a requirement for the course. Students will be evaluated based on class participation and a series of reaction papers. Students will also be asked to lead discussion of some of the readings.

Methods of Evaluation
  • Class participation
Pre/Co-requisites
None

577.01

Emerging Issues in Sports and the Law 2 Paul H. Haagen, Todd Mesibov Tu 7:00-8:50 PM 3171 Site link LAW.577.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

585.01

Philanthropy, Voluntarism and Not-For-Profit Law and Management 3 Joel L. Fleishman W 10:05-12:35 PM Sanford 03 Unavailable Requires available Sakai site

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.

Methods of Evaluation
Pre/Co-requisites
None

588.01

Investigating and Prosecuting National Security Cases

* New *

2 Shane Stansbury Th 8:55-10:45 AM 3000 Site link LAW.588.01.Sp18@sakai.duke.edu

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, particularly cyberattacks.  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 from the perspective of prosecutors, defense attorneys, and judges. 

Students will be expected to complete a final paper of 10-15 pages in length on a topic approved by the instructor.  Students who wish to use the paper to satisfy the JD ULWR 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.

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

590.01

Risk Regulation in the US, Europe and Beyond 2 Jonathan B. Wiener Th 4:00-5:50 PM 4055 Site link LAW.590.01.Sp18@sakai.duke.edu

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

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

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

Methods of Evaluation
  • Research paper, 25+ pages
  • Class participation
Pre/Co-requisites
None

592.01

Frontier AI & Robotics: Law & Ethics 3 Jeff Ward W 2:00-4:45 PM 4045 Unavailable Requires available Sakai site

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. 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/science policy, and (3) applied technology/science

Because frontier technologies challenge existing legal regimes and ethical frameworks, this course encourages law and ethics students to interact with technologists who are actively developing these new, disruptive technologies. In this case, students may shadow roboticists at Pratt's robotics labs (primarily the Humans and Autonomy Lab—HAL) or hear from leaders of local drone or BCI (brain-computer interface) companies.

Beyond time spent with technologists, 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 writing piece that adds to current legal/policy discourse. While outputs for such writing will depend on each student's area of focus and the outlets where his or her research can have the most influence, there are several outlets that students are most likely to employ, including the Robotics track of http://sciencepolicy.duke.edu/, where students will comment on legislative proposals, offer white papers, build research repositories, etc.

 

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

593.01

Sexuality and the Law 2 Juliette Duara W 2:00-3:50 PM 4046 Site link LAW.593.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Pre/Co-requisites
None

611.12

Readings: Comparative Law Methodology

* New *

1 Ralf Michaels TBD TBD Unavailable Requires available Sakai site

In 1985, Günter Frankenberg called comparative law the “Cinderella of the legal sciences.” At the time, comparative law was marginalized as a discipline, and thoroughly undertheorized. Since then, both have changed: comparative law has received more attention, and there has been a healthy, if at times disorganized, debate on questions of method and theory.

The hope of the seminar is to provide an introduction into this methodological debate. Instead of treating method as a matter dealt with at the beginning of a comparative law study and then forgotten, we will make grappling with concepts like functionalism, transplants, and legal paradigms our main occupation. We will do so through a combination of seminal texts, overview articles, and brief examples of certain positions. After the seminar, students should have a clearer understanding not just of existing methods but also of their advantages and disadvantages; they should also feel better equipped to engage in methodologically sophisticated comparison themselves.

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

611.13

Readings: Leadership in Law and Politics

* New *

1 Neil S. Siegel Th 4:00-5:50 PM 3000 Site link LAW.611.13.Sp18@sakai.duke.edu

This one-unit readings course will meet on Thursdays from 4-5:50 PM during the first half of the spring semester. Students will have the opportunity to study and discuss ideas about leadership in a number of settings and law-related fields. Topics will include: (1) leadership within a law school (the respective roles of the Dean, administration, faculty, and student leaders); (2) the need for legal education to train future leaders (and ways to do it); (3) leadership in the judiciary; (4) leadership in the corporate law firm; (5) leadership in governmental institutions; and (6) leadership (or its absence) in American politics.
This one-unit readings course will meet on Thursdays from 4-5:50 PM during the first half of the spring semester. Students will have the opportunity to study and discuss ideas about leadership in a number of settings and law-related fields. Topics will include: (1) leadership within a law school (the respective roles of the Dean, administration, faculty, and student leaders); (2) the need for legal education to train future leaders (and ways to do it); (3) leadership in the judiciary; (4) leadership in the corporate law firm; (5) leadership in governmental institutions; and (6) leadership (or its absence) in American politics.

Readings will likely include excerpts from Deborah Rhode’s 2013 book Lawyers as Leaders; excerpts from Jean Edward Smith’s biography of Chief Justice John Marshall; contributions to a recent Stanford Law Review symposium on Lawyers and Leadership; academic work on judicial statesmanship; news articles about relevant current events; and an article Professor Siegel is writing that seeks to develop a restraining role morality for presidents and members of Congress that is similar to what constitutional law scholars have come to expect of federal judges (even if they are frequently disappointed).

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

611.14

Readings in Social Justice: Mass Incarceration

* New *

1 Anne Gordon, Clinic Faculty F 10:00-11:30 AM 4045 Site link LAW.611.14.Sp18@sakai.duke.edu

This one-credit C/NC readings class will explore the continuing crisis of mass incarceration.  Drawing on the expertise of Duke Law School’s clinical faculty, the course will examine the causes of the explosion of the U.S. penal population, including the public and private structures and incentives that have enabled the crisis.  Students and faculty will trace the path of a prison inmate from the school-to-prison pipeline, to life and health care in prison, and ending with the problems faced after re-entry.  We will also examine mass incarceration under an international human rights framework, and discuss how the effects of mass incarceration are exacerbated by technological decision-making tools that implicate everything from sentencing to parole, and the search for housing and jobs.

The class will meet 8 times throughout the semester for 90-minute sessions, and will be offered credit/no-credit.  Open to 2L, 3L and LLM students.  Enrollment cap is 18.  Class will be collaboratively taught by faculty of the Duke Law Clinics.  Reflection papers will be required.

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

611.15

Readings: What Really Happened?: The Global Financial Crisis in Retrospect?

* New *

1 Lawrence G. Baxter TBD TBD Site link LAW.611.15.Sp18@sakai.duke.edu

This seminar will provide an opportunity to reflect on the multiple causes of the 2008 Global Financial Crisis.  Some clearer pathways to crisis are beginning to emerge, and studying these is timely given the constant demand for reform in financial regulation. 

Material for the seminar will consist of about three or four recent books that attempt to tie the events, dynamics and causes together.   We will also consider new pressures that could trigger another financial crisis.

Prior completion of Big Bank Regulation or Securities Regulation is highly desirable.

The seminar group will have an organizational meeting at the law school and subsequent meetings at Professor Baxter’s home in early evenings that work for everyone’s schedule.  Participants will be assigned in groups to one of the books and will be asked to prepare book reports for discussion at our meetings.

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

611AB.01

Readings: National Security

Year-long course

0.5 Charles J. Dunlap, Jr. TBD TBD Unavailable Requires available Sakai site

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.

Methods of Evaluation
Pre/Co-requisites
None

611AB.02

Readings: Judicial Biography

Year-long course

0.5 Thomas B. Metzloff TBD TBD Unavailable Requires available Sakai site

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.

Methods of Evaluation
Pre/Co-requisites
None

613AB.02

Readings in Happiness & Decisionmaking

Year-long course

0.5 Jonathan B. Wiener TBD TBD Unavailable Requires available Sakai site

This Readings seminar explores research on happiness and decision making, and the implications for legal systems, legal rules and life choices. Pursuing and maximizing happiness have long been prominent legal ideas, from Bentham and Jefferson to today. New research is generating direct measures of happiness (or subjective well-being) and comparisons across countries, demographic groups, activities, rules, choices, and different versions of happiness. A growing body of research in psychology, neuroscience, economics and law is investigating how people make decisions, and whether our decisions improve our happiness. In this Readings seminar, we will explore this research and its implications. Why are some societies and some individuals happier than others? What role for legal systems, lawyers, and our own choices? How well can people envision and pursue their own future happiness? What social cues and mental heuristics prompt us to make the choices we make? If we have difficulty making good choices, can the law help?

This is a yearlong course, with students receiving a total of 1 credit upon completion.  It is open to 12 students and meets for 7 sessions of 2 hours each, once per month, spread over the full academic year. For each session, we will read a book or a set of articles. Specific meeting dates and times will be arranged in consultation with the students.

Methods of Evaluation
Pre/Co-requisites
None

617.02

Environmental Law Readings Workshop 0.5 TBD TBD Unavailable Requires available Sakai site

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.

Methods of Evaluation
Pre/Co-requisites
None

621.02

Externship Anne Gordon N/A N/A Unavailable Requires available Sakai site

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.

Methods of Evaluation
Pre/Co-requisites
None

621S.02

Externship Seminar 1 Anne Gordon M 6:00-7:50 PM 4042 Site link LAW.621S.02.Sp18@sakai.duke.edu

The externship seminar serves as the one-unit companion course for law students who are engaged in externships in the Triangle area.  Students will reflect on their placements, work on their communication skills, and deepen their understanding of professionalism through the classroom discussions and reflection papers.

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Class participation
  • Other
Pre/Co-requisites
Externship

632.01

LLMLE Practicum 5 Kip Frey Tu 7:30-9:30 PM 4055 Unavailable Requires available Sakai site

The Practicum is the centerpiece of Law and Entrepreneurship LLM Program. During the semester, students work in startup companies, venture capital firms, regulatory agencies, law firms with entrepreneurial practices, and similar organizations. The goal of the program is to expose students to a wide range of entrepreneurial issues in a "real-life" setting. The Practicum goes beyond general coursework to provide specific, useful skills and information. It allows students to address the intersection of legal principles and practical business applications, in the context of entrepreneurship and early state enterprise. Each student joins a legal or leadership team, under the supervision of a mentor who is committed to guiding his or her professional development through the course of the practicum. Through the Practicum, the students are able to be highly competent legal practitioners, savvy business people, effective problem solvers and are skilled in transforming ideas.

Methods of Evaluation
Pre/Co-requisites
None

656.01

Strategies in Business Associations / COURSE PLUS 1 James D. Cox, Robert M. Hart W 4:00-6:00 PM 4040 Site link LAW.656.01.Sp18@sakai.duke.edu

This seminar takes selected legal issues from the course, Business Associations, and places them in a setting in which students make decisions that involve the weighing of legal, business, ethical and stakeholder considerations. The course will develop and analyze business transactions, in workshop settings, from the strategic perspective of a business lawyer in engineering transactions that minimize legal, tax and regulatory costs, address concerns of relevant stakeholders, and achieve the objectives of the client. Each student is part of a team who represents a distinct client in first developing in the context of a real-world problem what the optimal objective should be for the client, and then engaging teams representing other parties in the transaction, in the pursuit of the client's objective. In advance of each class, students prepare a team term sheet setting forth the client's objectives as developed by the team. There are six projects over the course of the semester. The goal of the course is to demonstrate how, in practice, legal principles interact among themselves and with non-legal considerations in the resolution of business issues.

*This class must be taken concurrently with Law 210 Business Associations.*

Methods of Evaluation
Pre/Co-requisites
None

677.01

Duke Law in DC: Rethinking Federal Regulation 4 Stephen E. Roady N/A N/A Unavailable Requires available Sakai site

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/.

Methods of Evaluation
Pre/Co-requisites
None

679.02

Duke Law in DC Externship 9 Anne Gordon N/A N/A Site link law.679.01.sp18@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

683.01

Patent Litigation 2 Gregory Sleet Th 6:00-7:50 PM 4172 Site link LAW.683.01.Sp18@sakai.duke.edu

This course will cover the basic aspects of patent infringement litigation, beginning with the pre-suit investigation and covering basic phases of the process through trial, including the initial pleadings, discovery, the Markman claim construction phase, pretrial and trial. The main focus will be on the practical aspects of this growing form of commercial litigation. Students would need to have completed, or be concurrently enrolled in, Patent Law to enroll in this course. Students will be assessed on the basis of two writing assignments, a Markman/claim construction brief and a summary judgment motion, and on an oral argument on their brief.

2 credits.

Methods of Evaluation
  • Reflective Writing
  • Oral presentation
Pre/Co-requisites
Patent Law and Policy

710.01

Derivatives: Financial Markets, Law and Policy 3 Lawrence G. Baxter Tu/Th 2:00-3:25 PM 4045 Site link LAW.710.01.Sp18@sakai.duke.edu

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

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

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

Required Coursework

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

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

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

Methods of Evaluation
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

717.01

Comparative Constitutional Design 2 Jack Knight W 8:55-10:45 AM 3171 Site link LAW.717.01.Sp18@sakai.duke.edu

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

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

Methods of Evaluation
  • Research paper, 25+ pages
Pre/Co-requisites
None

718.01

Social Choice Theory

* New name*

2 Matthew Adler Th 2:00-3:50 PM 4044 Site link LAW.718.01.Sp18@sakai.duke.edu

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 two books, Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis (Oxford University Press 2012), and Measuring Social Welfare: An Introduction (Oxford University Press, forthcoming) will serve as the main texts 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 a short (1-2 page) reaction paper; and to participate in class discussion. Students will also write a 10-page final paper.  This final paper can either be (a) a critical discussion of one or more chapters from Well-Being and Fair Distribution or Measuring Social Welfare, or (b) a critical discussion of some other book or article relevant to the topics of the seminar.

A limited number of students will be permitted to expand this paper in substance and in length in order to meet the JD-ULWR.

 

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

720.01

Advanced Copyright: Digital Technologies 2 Troy D. Dow M 2:00-3:50 PM 3171 Site link LAW.720.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Research paper, 25+ pages
  • Class participation

734.01

Evidence in Practice 2 Diane Appleton Reeves Th 10:30-12:20 PM 4046 Site link LAW.734.01.Sp18@sakai.duke.edu

In seminar format, this advanced writing course will give students practical experience in dealing with evidentiary issues in a broad range of hypothetical legal situations based upon real cases. Students should either have previously completed Evidence, Law 245, or be taking it at the same time. Assignments and class discussions will focus on identifying and researching issues that arise in different procedural settings, analyzing them in writing, and presenting analysis orally. Issues relating to evidence and proof do not arise only in trials. They are relevant to attorneys' performance in many other procedural settings; ranging, for example, from mediations and contract drafting to appeals, motion hearings, deposition preparation, and witness preparation for trial and discovery. Instruction and writing assignments will survey burdens of proof and standards of review, the practical aspects and attendant difficulties when a lawyer must use different types of evidence to prove a fact or has no evidence, and ethical and strategic decision-making required in varying evidentiary scenarios.

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites
None

738.01

Financial Law and Regulation: Practitioner's Perspective

FAST-TRACK Course: Class Meets February 16 - April 6 (13 classes)

2 Lee Reiners Th 4:00-6:00 PM; F 9:00-11:00 AM 4044 Unavailable Requires available Sakai site

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 16th to April 6th 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.

 

738.01.Spring2018-syllabus.docx40.35 KB

Methods of Evaluation
  • Reflective Writing
  • Class participation
Pre/Co-requisites

Admission to the course will be open only to students enrolled in, or having completed, at least one of the following courses: a. Big Bank Regulation b. Derivatives c. Securities Regulation d. Structuring and Regulating Financial Transactions e. Or another significant and available financial course.  LLMs with strong backgrounds in financial regulation may be exempted from the prerequisite requirements.

739.01

Religious Laws 2 Ralf Michaels Th 10:30-12:30 PM 4044 Site link LAW.739.01.Sp18@sakai.duke.edu

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

 

Methods of Evaluation
  • Research paper, 25+ pages
Pre/Co-requisites
None

753.01

Law and Literature: Race & Gender 3 Katharine T. Bartlett M 4:00-6:00 PM 4044 Site link LAW.753.01.Sp18@sakai.duke.edu

This seminar uses contemporary fiction to explore 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. Authors include Margaret Atwood, Richard Wright, Kazuo Ishiguro, Aravind Adiga, Toni Morrison, Ursula Hegi, and Nella Larsen.

Grades will be determined from class participation, weekly response papers, and final paper pursuing a theme from the course.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation
Pre/Co-requisites
None

754.01

IP Transactions 2 John Fuscoe M 6:00-7:50 PM 3000 Site link LAW.754.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Final Exam
  • Class participation
Pre/Co-requisites

Intellectual Property is highly recommended. If you have not taken Intellectual Property, there is a 40 page Appendix in the text (which is not part of the required reading) that covers many fundamental IP issues, and I will also spend the first half of the first class giving a basic overview of patents, copyrights, trademarks and trade secrets.
 

758.01

Originalism and Its Discontents 3 Stephen E. Sachs W 10:30-12:20 PM 4046 Site link LAW.758.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Research paper, 25+ pages
  • Reflective Writing
  • Class participation
Pre/Co-requisites

Either (1) (A) one introductory course on American constitutional law, as well as (B) one upper-level course on constitutional law, legislation and statutory interpretation, federal courts, administrative law, or jurisprudence; or (2) equivalent coursework. (This prerequisite may be waived with permission of the instructor.)

760.01

A Practitioner's Guide to Labor Law and Employment 2 Daniel Seymour Bowling III, Gray McCalley, Jr. Th 2:00-5:00 PM 4046 Site link LAW.760.01.Sp18@sakai.duke.edu

This course is designed to provide a practical overview of the main labor and employment law issues that arise in the U.S. workplace. Using a variety of approaches to instruction including mock exercises, outside speakers, writing exercises (such as drafting communications to government agencies or corporate clients), and drawing from current developments in the law, instructors familiarize students with the basic concepts underlying the broad range of labor and employment law. Students will explore issues from multiple perspectives including the employee, the employer, the union, and compliance enforcers. As a result of this course, students will attain an advanced, yet practical familiarity with such issues that can be applied in any business context. The course will be co-taught by practicing attorneys who have experience both as private practitioners with large firms and as corporate officers for a Fortune 125 company (former partner in private practice and Senior VP of Human Resources for a Fortune 125 company; General Counsel of a $1 billion privately-held company, formerly Deputy General Counsel with a Fortune 125 company). Students should have taken the basic labor law course or have a familiarity with the National Labor Relations Act and Title VII of the Civil Rights Act. A Liberal Arts background (knowledge of history, sociology, and/or political science) is a plus.

Please note that class attendance and active class participation count heavily toward the final grade. Participants should expect several shorter (2-3 pages), practice-oriented writing assignments.

Methods of Evaluation
  • Reflective Writing
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

765.01

Introduction to Technology in the Law Office 2 Jennifer L. Behrens, Wayne Miller Th 2:00-3:50 PM 3171 Site link LAW.765.01.Sp18@sakai.duke.edu

Technology is changing the practice of law in all fields and venues. This course will provide you with the theoretical and practical foundation to understand these changes and to positively impact your firm's or organization's responses to such challenges. Areas of focus include ethical obligations surrounding technology use; privacy and security; practice management; electronic discovery; information literacy (including advanced research techniques) and media literacy; and presentation and courtroom technology. Readings and guest speakers will address both general technological issues as well as specific legal and ethical ramifications. Students will be graded on participation, exercises and a final project that is presented both in class and in writing.

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

773.01

Research Methods in Business Law 1 Laura M. Scott W 9:00-10:20 AM 4046 Site link LAW.773.01.Sp18@sakai.duke.edu

This one-credit seminar in advanced legal research will introduce students to specific sources and strategies for researching a variety of business law topics, including corporations, securities, and commercial bankruptcy and reorganization. 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 research, among others. The course will emphasize research process, strategies, and evaluation of print and online sources in a changing information environment. Students will develop their research skills through a variety of hands-on exercises. Grades will be based on in-class and take-home research exercises, class participation, and a final research project.

Because this is a fast-track course, attendance at the first class session is mandatory.

Methods of Evaluation
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

774.01

Taboo Trades & Forbidden Exchanges 2 Kimberly D. Krawiec Tu 10:30-12:20 PM 4172 Site link LAW.774.01.Sp18@sakai.duke.edu

This class examines exchanges and transactions that are traditionally taboo, and sometimes illegal. Importantly, what constitutes a taboo trade is culturally dependent, changing over time and across cultures. For example, typical taboo trades in modern western societies include organs, blood, babies, sexual relations, votes for money, and a wide range of other issues. In other cultures and other times, however, humans were sold as a matter of course, whereas land was considered inalienable.

Students will discuss reading selections from law, economics, anthropology, psychology, and sociology. During most class meetings, we will host speakers (generally visiting faculty from other law schools) who will discuss current projects related to taboo trades.

Methods of Evaluation
Pre/Co-requisites
None

779.01

Well-Being and the Practice of Law 1 Daniel Seymour Bowling III Tu 4:00-5:50 PM 4042 Unavailable Requires available Sakai site
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 (that predates the current economic crisis) 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. 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. 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.

Methods of Evaluation
Pre/Co-requisites
None

782.01

Deal Skills II: Negotiating and Documenting Joint Venture Arrangements 3 Terence M. Hynes M 2:00-4:45 PM 4046/4172 Site link law.782.02.sp18@sakai.duke.edu

This course is designed to prepare students for transactional law practice. Like "Deal Skills for the Transactional Lawyer" (Course # 777), this course will be highly "hands-on." Students will be assigned to lawyer teams and will represent their clients in structuring, negotiating and documenting a hypothetical joint venture arrangement. In addition to providing practical skills training, the course offers students an opportunity to explore a form of corporate transaction – the "joint venture" – that is widely used in the business world but is not covered in typical law school M&A courses.

Topics covered will include:

  • The nature of joint venture arrangements (and how they differ from other M&A transactions)
  • Factors affecting the choice of structure for a joint venture
  • Antitrust issues affecting joint ventures
  • Intellectual property issues arising in connection with joint ventures
  • Conducting due diligence in the context of a joint venture arrangement
  • Understanding the "business deal" and translating it into contract language
  • The basic elements of a typical Joint Venture Agreement
  • Ancillary agreements common to joint venture arrangements (including LLC Agreements, Operating Agreement for the business, intellectual property or technology licenses, etc.)
  • Drafting Joint Venture Agreements and related documents
  • Strategies for negotiating the terms of a joint venture arrangement

Student teams will complete a series of drafting assignments, including a client memorandum recommending a structure for the joint venture; Due Diligence Requests and a Due Diligence Report; a complete Joint Venture Agreement (drafted in stages over several weeks) and ancillary agreements (including an Operating Agreement for the joint venture business). Students will also participate in a series of "Negotiation Exercises" during which they will negotiate the provisions of their draft agreements with opposing counsel. The Negotiation Exercises will be videotaped and reviewed in class to reinforce students' negotiation techniques.

Methods of Evaluation
Pre/Co-requisites

Law 210 Business Associations is a pre- or co-requisite for this course.

789.01

Writing: Federal Litigation 2 Sarah C. W. Baker W 10:30-12:20 PM 4040 Site link LAW.789.01.Sp18@sakai.duke.edu

This course will provide students with the opportunity to learn several different types of persuasive writing used in federal litigation. The course will focus on one hypothetical matter involving federal law.

Priority in registering for this course is given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LLM students are allowed to enroll if fewer than fourteen J.D. students enroll.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

791.01

Judicial Writing 2 Joan Magat W 2:00-3:50 PM 4040 Site link LAW.791.01.Sp18@sakai.duke.edu

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.

Methods of Evaluation
  • Class participation
Pre/Co-requisites
None

794.01

The Law of Slavery and Freedom: The Thirteenth, Fourteenth and Fifteenth Amendments

* New description *

2 Thavolia Glymph M 2:00-3:50 PM 4045 Site link LAW.794.01.Sp18@sakai.duke.edu

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

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation
Pre/Co-requisites
None

794W.01

Law in Slavery & Freedom: From the Historical to the Contemporary/ Writing Credit Thavolia Glymph N/A N/A Unavailable Requires available Sakai site

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

Methods of Evaluation
  • Research paper, 25+ pages
Pre/Co-requisites
None

796.01

Writing in Civil Practice: Sport Arbitration 2 Casandra L. Thomson Th 10:30-12:20 PM 4172 Site link LAW.796.01.Sp18@sakai.duke.edu

This advanced writing seminar will help prepare students for the types of writing that are common to all civil litigation, while introducing them to oral and written advocacy in an arbitral setting. As access to courts becomes increasingly difficult due to overcrowding and budgetary constraints, and given the limited number of cases that make it to trial due to the cost of litigation, familiarity with the process of litigating in an alternative forum is critical for today's practitioners. Assignments will arise from a hypothetical arbitration over the proper interpretation of a provision in a collective bargaining agreement between a sports organization and its players' union. .

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Practical exercises
  • Class participation
Pre/Co-requisites
None