Fall 2019 Class Schedule

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

110.01

Civil Procedure
Sections 1 & 4
4.5 Guy-Uriel Charles MWTh 9:20-10:45 AM 3043 Site link LAW.110.01.F19@sakai.duke.edu

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

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

110.02

Civil Procedure

Section 6

4.5 Marin K. Levy MWTh 9:20-10:45 AM 4055 Site link LAW.110.02.F19@sakai.duke.edu

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

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

110.03

Civil Procedure

Section 5

4.5 Thomas B. Metzloff MWTh 9:20-10:45 AM 4042 Site link LAW.110.03.F19@sakai.duke.edu

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

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

110.04

Civil Procedure

Sections 2 & 3

4.5 Stephen E. Sachs MWTh 9:20-10:45 AM 3037 Site link LAW.110.04.F19@sakai.duke.edu

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

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

120.01

Constitutional Law
Course reseved for Dual Degree 2L students
4.5 Joseph Blocher MWTh 10:55-12:20 PM 4055 Site link LAW.120.01.F19@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

130.01

Contracts

Sections 1 & 5

4.5 Sara Sternberg Greene MWTh 2:00-3:25 PM 3043 Site link LAW.130.01.F19@sakai.duke.edu

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

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

130.02

Contracts
Sections 3 & 4
4.5 Paul H. Haagen MWTh 3:35-5:00 PM 3043 Site link LAW.130.02.F19@sakai.duke.edu

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

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

130.03

Contracts
Sections 2 & 6
4.5 John C. Weistart MWTh 2:00-3:25 PM 3037 Site link LAW.130.03.F19@sakai.duke.edu

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

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

140.01

Criminal Law
Section 4
4.5 Ben K. Grunwald MWTh 2:00-3:25 PM 4000 Site link LAW.140.01.F19@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

140.02

Criminal Law

Section 3

4.5 Eisha Jain MWTh 10:55-12:20 PM 4042 Site link LAW.140.02.F19@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 Casandra L. Thomson, Jane Bahnson Tu/F 9:30-10:40 AM 4045 Site link LAW.160A.01.F19@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 Melissa Hanson, Michael McArthur Tu/F 11:00-12:10 PM 4045 Site link LAW.160A.02.F19 @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 Jeremy Mullem, Deanne Morgan Tu/F 11:00 to 12:10 PM 3043 Site link LAW.160A.03.F19@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 Jena Reger, Deanne Morgan Tu/F 9:30-10:40 AM 3043 Site link law.160a.04.f19@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 to 12:10 PM 4042 Site link LAW.160AB.05.F19@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 Rebecca Rich, Casandra Laskowski Tu/F 9:30-10:40 AM 4055 Site link LAW.160A.06.F19@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 Kendall Gray, Rachel Gordon Tu/F 9:30 to 10:40 AM 4042 Site link LAW.160A.07.F19 @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 11:00-12:10 PM 4055 Site link LAW.160A.08.F19@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

180.01

Torts
Section 1
4.5 Donald H. Beskind MWTh 3:35-5:00 PM 4045 Site link LAW.180.01.F19@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

180.02

Torts

Section 2

4.5 Doriane Lambelet Coleman MWTh 10:55-12:20 PM 4045 Site link LAW.180.02.F19@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
Sections 5 & 6
4.5 Michael D. Frakes MWTh 10:55-12:20 PM 3043 Site link LAW.180.03.F19@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

200.01

Administrative Law 3 Matthew Adler Tu/Th 10:55-12:20 PM 4047 Site link LAW.200.01.F19@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

201.01

Legal Writing: Craft & Style 2 Joan Magat Th 2:00-3:50 PM 3171 Site link LAW.201.01.F19@sakai.duke.edu

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

The workshop might be particularly useful to:

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

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

201.02

Legal Writing: Craft & Style 2 Joan Magat W 2:00-3:50 PM 3171 Site link LAW.201.02.F19@sakai.duke.edu

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

The workshop might be particularly useful to:

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

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

202.01

Art Law 2 Deborah A. DeMott Tu 2:00-3:50 PM 4000 Site link LAW.202.01.F19@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

203.01

Business Strategy for Lawyers

FAST TRACK: Class Meets: Aug 27 - Oct 24

3 John M. de Figueiredo Tu/Th 8:30-10:45 AM 3041 Site link LAW.203.01.F19@sakai.duke.edu

This course presents the fundamentals of business strategy to a legal audience. The class sessions include traditional lectures and business-school case discussions. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected for both their business strategy content and their legal interest. General counsels from a variety of companies will guest lecture on the role of the GC in the strategy of the company.

The course is designed to introduce a wide variety of modern strategy frameworks and methodologies, including methods for assessing the strength of competition, for understanding
relative bargaining power, for anticipating competitors' actions, for analyzing cost and value structures and their relevance to competition, and for assessing potential changes in the scope of the firm (diversification and vertical integration). Basic mastery of these tools has relevance to everyone seeking a career in business or those advising business managers or executives.

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

Methods of Evaluation
  • Final Exam
  • Midterm
  • Group project(s)
  • Class participation
Pre/Co-requisites
Analytical Methods

205.01

Antitrust 3 Andrew Kasper M/W 4:00-5:25 PM 3041 Site link LAW.205.01.F19@sakai.duke.edu

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

A final exam will be offered.

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

210.03

Business Associations 4 Elisabeth D. de Fontenay M/W 8:55-10:45 AM 3041 Site link LAW.210.03.F19@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

210.07

Business Associations 4 Gina-Gail S. Fletcher MWTh 4:00-5:15 PM 3037 Site link LAW.210.07.F19@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.

210.07.Fall2019-syllabus.pdf131.58 KB

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

227.01

Use of Force in International Law 2 Charles J. Dunlap, Jr. Tu 4:00-5:50 PM 4045 Site link LAW.227.01.F19@sakai.duke.edu

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

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

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

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

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

235.01

Environmental Law 3 Michael Livermore M/W 4:00-5:25 PM 4047 Site link LAW.235.01.F19@sakai.duke.edu

Concern about environmental risks has spurred the growth of a complex array of laws and regulations over the past four decades. This course is designed to provide a general introduction to the theory and practice of environmental law, with an emphasis on the major pollution control statutes, especially the Clean Air Act and the Clean Water Act. Some of the recurring themes of the course will be the balance between federal and state authority, the economic justifications for environmental regulation, the distributional effects of environmental policy, the choice of regulatory instruments, and the role of federal agencies. The political backdrop for the development of environmental policy, especially the role of interest groups, political affiliation, and public perceptions, will also be discussed.

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
  • Research and/or analytical paper(s), 10-15 pages
  • Research and/or analytical paper(s), 15-20 pages
  • Class participation
Pre/Co-requisites
None

238.01

Ethics and the Law of Lawyering 2 Kathryn Webb Bradley Tu 2:00-3:50 PM 3037 Site link LAW.238.01.F19@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 8:55-10:45 AM 3037 Unavailable Requires available Sakai site

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

238.03

Ethics and the Law of Lawyering 2 Amy Richardson M 6:00-7:50 PM 3037 Site link LAW.238.03.F19@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

242.01

Social Justice Lawyering 2 Anne Gordon, Jesse McCoy Th 10:30-12:20 PM 4044 Site link LAW.242.01.F19@sakai.duke.edu

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

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

 

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Group project(s)
  • Class participation
  • Other
Pre/Co-requisites
None

242W.01

Social Justice Lawyering, Writing Credit 1 Anne Gordon, Jesse McCoy TBD TBD Unavailable Requires available Sakai site

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

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

Grading Basis: Graded

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

244.01

The Business and Economics of Law Firms 1 Bruce A. Elvin, George R. Krouse, Jr. Th 8:30-10:20 AM 3000 Site link LAW.244.01.F19@sakai.duke.edu

This course will provide students with an enhanced and vital understanding of law firms as business entities in a competitive and global market. Based on feedback from employers, interviews with hundreds of lawyers and published accounts from law firm leaders, it is clear that technical legal ability will be necessary but not sufficient to excel in the practice of law or any business endeavor in coming decades. The topics will be explored through the review and analysis of literature, statutes, and case studies, and will include a basic financial analysis of the operations of law firms. Assignments will be collaborative and will simulate the client advisory process allowing students to gain experience providing legal advice and business recommendations. Associate Dean and Senior Lecturing Fellows Bruce Elvin and George Krouse '70 will lead, teach and organize the seminar, with senior law and business leaders serving as guest lecturers many weeks.

Methods of Evaluation
  • Reflective Writing
  • Group project(s)
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

245.02

Evidence 4 Lisa Kern Griffin MWTh 2:00-3:15 PM 3041 Site link LAW.245.02.F19@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

250.01

Family Law 3 Kathryn Webb Bradley M/W 2:00-3:25 PM 4055 Site link LAW.250.01.F19@sakai.duke.edu

A study of legal and policy issues relating to the family. Topics include requirements for marriage, nontraditional families, obligations at divorce, establishing parenthood, and adoption. Grading is based on a final examination, class participation, and written work relating to a visit to family court and completion of a divorce settlement exercise.

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

252.01

Foreign Relations Law 3 Curtis A. Bradley M/W 8:55-10:20 AM 4000 Site link LAW.252.01.F19@sakai.duke.edu

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.

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

255.02

Federal Income Taxation 4 Lawrence A. Zelenak MWTh 9:00-10:15 AM 4045 Site link LAW.255.02.F19@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

260.01

Financial Accounting 3 C. J. Skender Tu 5:40-8:25 PM 3041 Site link LAW.260.01.F19@sakai.duke.edu

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

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

265.01

First Amendment 3 Stuart M. Benjamin M/W 10:55-12:20 PM 4047 Site link LAW.265.01.F19@sakai.duke.edu

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

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

285.01

Labor Law 3 Daniel Seymour Bowling III Tu/Th 2:00-3:25 PM 4045 Unavailable Requires available Sakai site

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

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

287.01

Principles of Commercial and Bankruptcy Law 4 Steven L. Schwarcz Tu/Th 3:35-5:25 PM 3041 Site link LAW.287.01.F19@sakai.duke.edu

This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. The course will start with a brief overview of the more innovative aspects of sales law, and then will introduce such basic commercial law concepts as letters of credit, documents of title, and negotiable instruments.

The course then will focus on secured transactions under Article 9 of the Uniform Commercial Code, including the concepts of security interests, collateral, perfection and priority, and foreclosure. That will bring in the natural interplay with such bankruptcy law concepts as property of a bankrupt debtor's estate, automatic stay of a foreclosure action, use by a debtor of property subject to a security interest, adequate protection of the secured party's interest, rejection of executory contracts, bankruptcy trustee's avoiding powers, preferences, fraudulent conveyances, postpetition effect of a security interest, set-offs, and subordination. The course also introduces principles of international insolvency and bankruptcy.

Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law. This course (Principles) is intended to give a solid, conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice.

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

298.01

Ocean and Coastal Law and Policy 2 Stephen E. Roady Th 4:00-6:45 PM 4000 Site link LAW.298.01.F19@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

300.01

U.S. Legal Analysis, Research and Writing for International Students 2 Rima Idzelis M/W 9:20-10:20 AM 3000 Site link LAW.300.01.F19@sakai.duke.edu

In this foundational course, students learn legal reasoning, research skills and predictive legal writing. The course trains students to research, analyze, and present issues in the US common law style, preparing them for law school exams and any future work they might do with US attorneys. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students complete two office memoranda that focus on questions of both state and federal law. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

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

300.02

U.S. Legal Analysis, Research and Writing for International Students 2 Michelle Liguori Tu/Th 4:00-5:00PM 4047 Site link LAW.300.02.F19@sakai.duke.edu

In this foundational course, students learn legal reasoning, research skills and predictive legal writing. The course trains students to research, analyze, and present issues in the US common law style, preparing them for law school exams and any future work they might do with US attorneys. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students complete two office memoranda that focus on questions of both state and federal law. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

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

300.03

U.S. Legal Analysis, Research and Writing for International Students 2 Phyllis Lile-King Tu/Th 11:00-12:00 PM 3000 Site link LAW.300.03.F19@sakai.duke.edu

In this foundational course, students learn legal reasoning, research skills and predictive legal writing. The course trains students to research, analyze, and present issues in the US common law style, preparing them for law school exams and any future work they might do with US attorneys. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students complete two office memoranda that focus on questions of both state and federal law. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

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

300.04

U.S. Legal Analysis, Research and Writing for International Students 2 James Stuart M/W 7:50-8:50 AM 4055 Site link LAW.300.04.F19@sakai.duke.edu

In this foundational course, students learn legal reasoning, research skills and predictive legal writing. The course trains students to research, analyze, and present issues in the US common law style, preparing them for law school exams and any future work they might do with US attorneys. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students complete two office memoranda that focus on questions of both state and federal law. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

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

304.01

Big Bank Regulation 4 Lawrence G. Baxter, Emily N. Strauss MWTh 11:00-12:15 PM 3041 Site link LAW.304.01.F19@sakai.duke.edu

Banking has evolved rapidly in just a few years. Global trade and investment has been supported and promoted by an emerging global financial system. This has in turn encouraged the growth of giant universal banks, based in the United States, the United Kingdom, mainland Europe, and in China and Japan. Most modern banks of any significant size (greater than $100 billion in total assets) have transnational and often truly global operations, but they also create major new risks and regulatory challenges. The debate over big banks and "too big to fail" concerns continued to be an important public policy concern in the 2016 Presidential election campaign. Since the Global Financial Crisis of 2008, the largest in a long run of domestic and international crises since the Great Depression of the 1930s, a new “Dodd-Frank” and “Basel III” framework has been emerging.  This framework has fundamentally changed the way in which such financial institutions are regulated.  After nearly a decade of reform, however, the framework remains fundamentally controversial, at least in the United States, and executive and congressional efforts to reverse the Dodd-Frank and Basel models are currently on the main national political agenda. 

The walls between the three main sectors of finance - banking, securities and insurance - have broken down, yet at their core banks continue to be somewhat unique in their functions and the challenges they present for financial stability. This course will review all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and  future challenges and prospects for global and domestic financial reform.

 

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

318.01

Comparative Constitutional Law

JD-LLM-ICLs only

2 Holning Lau F 10:30-12:20 PM 4047 Site link LAW.318.01.F19@sakai.duke.edu

This course explores constitutional law from different parts of the world. The course will start by examining the goals, methods, and practical relevance of comparative constitutional analysis. We will then turn to a comparative analysis of constitutional structures, including differing approaches to separation of powers, judicial review, and federalism. The remainder of the course will examine comparative approaches to the constitutional protection of human rights.

This course is open only to the 2L JD-LLM-ICL students.

Grading Basis: Graded

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

318W.01

Comparative Constitutional Law, Writing 1 Holning Lau Unavailable Requires available Sakai site

Students enrolled in Law318 Comparative Constitutional Law may choose to write a 25-30 page research paper, in lieu of the 10-12 page paper, in order to satisfy the JD Substantial Research and Writing Project degree requirement.  Students choosing this option should enroll in Law 318W.

Grading Basis: Graded

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

319.01

Analytical Methods

FAST TRACK: Class Meets: Aug 27-Oct 15

2 John M. de Figueiredo Tu/Th 2:00-3:50 PM 4042 Site link LAW.319.01.F19@sakai.duke.edu

Lawyers face non-legal, analytical issues every day. Business lawyers need to understand a business in order to represent their client properly. Litigators need to judge the best route in adopting a litigation strategy. Family lawyers routinely need to value a business. Environmental lawyers need to understand economic externalities. Social lawyers need familiarity with financial instruments that have positive and negative attributes. Students taking this course will find it foundational in running a business, advising a business, or litigating business matters that go beyond the strict letter of the law. In this sense, this is not your standard doctrinal law school course. Rather, it is designed to give students the tools necessary to interact with the business community and run a company or firm. While there is no prerequisite for this course, students should be comfortable with numbers and graphs.

The areas of focus include:

  1. Decision Analysis, Games and Information: We will explore a standard technique that has been developed to organize thinking about decision-making problems and to solve them.
  2. Accounting: Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.
  3. Microeconomics: This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.
  4. Statistics: We will address the basic statistical methods, including regression analysis, as well as issues that commonly arise when statistics are used in the courtroom.

The course grade will be made up of (roughly) weekly problem sets, and a final examination.

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

322.01

Copyright Law 3 Jerome H. Reichman M/W 2:00-3:25 PM 4042 Site link LAW.322.01.F19@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

327.01

Energy Law 3 Amy Pickle M/W 10:55-12:20 PM 3037 Site link LAW.327.01.F19@sakai.duke.edu

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

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

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

329.01

Education Law 2 Jane R. Wettach F 10:30-12:20 PM 4000 Site link LAW.329.01.F19@sakai.duke.edu

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

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

333.01

Science Law & Policy 3 Michael B. Waitzkin Th 4:00-6:45 PM 4055 Site link LAW.333.01.F19@sakai.duke.edu

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

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

341.01

FDA Law & Policy 3 Nita A. Farahany M/W 10:30-11:55 AM 4000 Site link LAW.341.01.F19@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

342.02

Federal Courts 3 Neil S. Siegel Tu/Th 10:55-12:20 PM 3037 Site link LAW.342.02.F19@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

355.01

Sex in Law 2 Doriane Lambelet Coleman, Wickliffe Shreve Tu 2:00-3:50PM 4055 Unavailable Requires available Sakai site

This fall semester the course will be taught as a seminar focused specifically on sex in law.  We will begin with a history of biological sex classifications, societies' interest in those classifications, and the special benefits and/or burdens they have involved for individuals.  This section of the course will feature the male-female binary, but in that context, we will also discuss the legal treatment of individuals with intersex conditions.  We will then turn to an examination of modern sex classifications and equality law, and the way these have developed in tandem with academic work critiquing the social or gendered construction of sex.  This section of the course will focus on the application of the Equal Protection Clause to discrimination “on the basis of sex” and the doctrine that has developed around the federal statutes prohibiting sex discrimination.  We will end with focus on two current debates: the first about the merits of a sex-blind approach to equality law—whether, for example, society should continue to support or permit some men’s and women’s-only spaces; and the second about whether sexual orientation and gender identity should be considered aspects of “sex” for purposes of this law.
This is not an exam course.  Grades are based on six short – 1500+ words – analytical papers related to the assigned materials, and regular, active participation in seminar discussions.  If you wish to write a longer piece on a topic related to the subject matter of the course, we will consider an additional one credit independent study alongside the seminar.  An independent study paper does not replace the critique papers. Please request permission of the instructors before enrolling in Law 335W.

Grading Basis: Graded

Methods of Evaluation
  • Research and/or analytical paper(s), 15-20 pages
  • Class participation
Pre/Co-requisites
None

355W.01

Sex in Law, Independent Study 1 Doriane Lambelet Coleman, Wickliffe Shreve TBD TBD Unavailable Requires available Sakai site

JD students currently enrolled in Law 355 Sex in Law who wish to write an additional longer piece in this area may enrolled in LAW 355W.  This credit will count towards the Independent Study Research Credit Limit (Rule 3-12)

Methods of Evaluation
Pre/Co-requisites
None

358.01

Structuring Venture Capital and Private Equity Transactions 3 W.H. "Kip" Johnson III Th 4:00-6:45 PM 3000 Site link LAW.358.01.F19@sakai.duke.edu

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

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

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

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

363.01

Legislation and Statutory Interpretation 3 Margaret H. Lemos M/W 8:55-10:20 AM 4047 Site link LAW.363.01.F19@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

369.01

Patent Law and Policy 3 Arti K. Rai Tu/Th 10:55-12:20 PM 4000 Site link LAW.369.01.F19@sakai.duke.edu

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

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

395.01

Distinctive Aspects of U.S. Law 2 Thomas B. Metzloff F 10:45-12:00 PM 3041 Site link LAW.395.01.F19@sakai.duke.edu

This course is intended to provide a broad introduction to key elements of American law. Emphasis will be placed on exploring contemporary constitutional issues and other issues involving fundamental principles of American law. Much of the focus will be on recent, and controversial, Supreme Court cases dealing with property law rights, affirmative action, the death penalty, punitive damages, the commerce clause, federalism, and separation of church and state. Special focus will also be given to developing a working understanding of the American litigation system, including reliance on pre-trial discovery, experts, and the jury system.

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

400.01

Health Justice Clinic 4-6 S. Hannah Demeritt, Allison Rice Tu 4:00-5:50 PM 3171 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
  • Reflective Writing
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
None

405.01

Appellate Practice 3 Sean E. Andrussier M 4:00-6:00 PM 3000 Site link LAW.405.01.F19@sakai.duke.edu

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

The course introduces students to appellate advocacy and the appellate process. Students learn about strategies for effective appellate advocacy and refine their advocacy skills while briefing and orally arguing a case to an appellate judge. The central projects entail each student briefing one side of a case (researching and writing) and presenting oral argument for that side, with each student’s brief and oral argument reviewed by an appellate judge. This works as follows.  The entire class will be assigned the same case. Half the class will be assigned to represent the appellant and the other half will be assigned to represent the appellee. Each student will be paired against a student from the opposing side for briefing and oral argument. The class will have a briefing schedule with firm deadlines (deadlines coordinated with the appellate judges). Each student assigned to the appellant side will file an opening brief (the deadline for opening briefs historically has been in the second or third week of October, depending on when oral arguments are held); then each student assigned to the appellee side will file a brief responding to the paired student’s opening brief (that deadline is about a week after the opening brief deadline); then each appellant will file a reply brief (the reply deadline is about a week after the appellee’s deadline and historically has been around the very end of October or early November). Historically in this course the briefing volume limits have been set so that each student has been allotted no more than 10,000 words (a volume limit substantially lower than the limits prescribed by the Federal Rules of Appellate Procedure), which amounts to less than 35 pages in double-spaced 12-pt Times New Roman.  Oral arguments occur in mid-November, before Thanksgiving.  Each student meets (after oral argument) one-on-one with the judge who reviewed that student’s brief and argument.

 

Methods of Evaluation
  • Simulated Writing, Litigation
Pre/Co-requisites
None

407.01

Appellate Litigation Clinic (Fall) 3 Sean E. Andrussier Tu 6:00-8:00 PM 4055 Site link LAW.407.01.F19@sakai.duke.edu

The Appellate Litigation Clinic offers students the opportunity to work on a federal appeal.  Our cases are typically in the Third or Fourth Circuit and have involved a wide range of complex and novel civil and criminal issues.  This Clinic will provide you with the chance to experience what it is like to be an appellate lawyer.  Because appellate practice focuses largely on researching and writing, students in the Appellate Clinic naturally focuses on those matters. Clinic students work in teams to review the trial court record, conduct sophisticated legal research, prepare research memos, draft and edit briefs (typically an opening brief and a reply brief), participate in tactical decision making, prepare the record excerpts for the court of appeals, and prepare for oral argument.  When oral argument is calendared during the academic year, it is expected that a student on the Clinic team for that case will argue the appeal (subject to client permission).  In addition, the Clinic faculty will lead a weekly seminar that will allow for instruction on the appellate process, reflection on case work, and strategic and tactical case planning.

Because of the time needed to handle an appeal through briefing and argument, the Appellate Clinic is a full-year clinic, and students must enroll in both semesters.  Students receive 3 credits in the fall semester and either 2 or 3 credits in the spring semester.  It is expected that most students will receive 3 credits for both semesters, but the credits for the spring semester may be adjusted based on workload.

Students seeking to enroll in the appellate clinic are encouraged to contact Prof. Andrussier before enrolling to discuss, among other things, scheduling. The Appellate Clinic, like our other clinical courses, involves the representation of real clients in ongoing legal matters.  As a result, participation in the Clinic requires students to be flexible with their schedules to fulfill their professional obligations to clients under court-imposed schedules, including possibly during a school break.  For more information about that, please contact Prof. Andrussier.

Enrollment is limited to third-year students (i.e., students enrolling in this clinic must have completed four semesters of law school).  It is helpful (though not required) to have previously taken Appellate Practice.  Students should not enroll in that course and the Appellate Clinic simultaneously.  It is recommended that students enrolling in the Appellate Clinic have completed or be contemporaneously enrolled in the federal courts course.

Important:

  • As with other clinics, this course may not be dropped after the first class meeting.
  • Appellate Clinic students represent real clients, enter appearances in court as student counsel, and operate under court-imposed deadlines and schedules.  Consequently, clinical work must take priority over extracurricular activities.
  • Students must attend the all-day clinic intensive held on a Friday in early September (students in all clinics must attend).

Methods of Evaluation
Pre/Co-requisites
None

416.01

Children's Law Clinic Crystal Grant, Jane R. Wettach Tu 2:00-3:50 PM 3171 Site link LAW.416.01.F19@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
  • 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)

421.01

Pre-Trial Litigation 2 Marilyn Forbes Phillips Tu 6:00-7:50 PM 4047 Site link LAW.421.01.F19@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

422.01

Criminal Trial Practice 3 Thomas K. Maher Tu 6:00-8:50 PM 4049 Site link LAW.422.01.F19@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
None

425.01

Pretrial Criminal Litigation 1 Jamie T. Lau M 2:00-3:50 PM 4049 Site link LAW.425.01.F19@sakai.duke.edu

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

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

427.01

Community Enterprise Law Clinic 4 Andrew Foster Tu 2:00-3:25 PM 4040 Unavailable Requires available Sakai site

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)

429.01

Civil Justice Clinic 4 Charles R. Holton, Jesse McCoy Tu 4:00-5:50 PM 4040 Site link LAW.429.01.F19@sakai.duke.edu

This clinic will develop and hone civil litigation skills in the context of working on actual cases taken in directly by the CJC or working in association with the Durham and Raleigh offices of Legal Aid of North Carolina and with the North Carolina Office of Administrative Hearings. Cases will focus on vindicating the rights of impoverished individuals or groups who cannot otherwise adequately find justice in the civil courts. Students will be directly supervised by the Clinic Director and/or Supervising Attorney and/or Legal Aid attorneys. Cases may include prosecuting sub-code 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 and Supervising Attorney, 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)

435.01

First Amendment Clinic 4 H. Jefferson Powell, Nicole Ligon Tu 2:00-3:50 PM 4172 Unavailable Requires available Sakai site

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

 

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.

 

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

Either First Amendment or Defamation and Privacy is a prerequisite or corequisite.

437.01

International Human Rights Clinic 5 Jayne Huckerby, Aya Fujimura-Fanselow Tu 4:00-5:50 PM 4044 Site link LAW.437.01.F19@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)

441.01

Start-Up Ventures Clinic 4 Bryan McGann, Thomas Williams Tu 2:00-3:25 PM 4046 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)

443.01

Environmental Law and Policy Clinic 4 Ryke Longest, Michelle Benedict Nowlin Tu 2:00-3:50 PM 4044 Unavailable Requires available Sakai site

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)

460.01

Negotiation for Lawyers 3 Marilyn Forbes Phillips M 4:00-6:45 PM 4042 Site link LAW.460.01.F19@sakai.duke.edu

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

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

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

 

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

460.02

Negotiation for Lawyers 3 Casandra L. Thomson Tu 2:00-4:45 PM 3043 Site link LAW.460.02.F19@sakai.duke.edu

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

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

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

 

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

460.03

Negotiation for Lawyers 3 Frances Turner Mock Tu 4:00-6:45 PM 4042 Site link LAW.460.03.F19@sakai.duke.edu

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

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

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

 

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

460.04

Negotiation for Lawyers 3 Frances Turner Mock W 4:00-6:45 PM 4042 Site link LAW.460.04.F19@sakai.duke.edu

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

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

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

 

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

472.01

Amicus Lab 2 Brandon L. Garrett, Nita A. Farahany M TBA TBA Unavailable Requires available Sakai site

A wide range of cases raise novel scientific issues, which judges can struggle to resolve. One way to provide courts with independent information and insight regarding complex scientific issues is through the filing friend of the court, or amicus curiae briefs. The purpose of the Amicus Lab is to teach students about the use of emerging science and technology in the courts through the drafting and submission of such amicus briefs.  We will submit a number of amicus briefs to state and federal appellate courts and the US Supreme Court, in cases where independent expert views could play a useful role. These amicus briefs will be unaligned with any party and are intended to provide the court with unbiased, current, and coherent information about the scientific issue in the case. 

Our cases for Fall 2019 include:

Garner v. Colorado. We have already filed an amicus brief to the U.S. Supreme Court in support of cert.  If cert. is granted, we will work this Fall on a merits amicus brief.  Defendant-Petitioner James Joseph Garner was identified in court by eyewitnesses while he sat at counsel’s table with his two female defense attorneys, readily identifiable as the defendant in the relevant proceedings. The evidence against Garner consisted entirely of testimony by the three eyewitnesses, each of whom had earlier failed to identify Garner from a photo array, and instead identified Garner for the first time in court. We argue that the Colorado Supreme Court ruling affirming the use of this evidence, neglected the central rationale for carefully scrutinizing suspect identification procedures—their manifest unreliability.

Bryan v. State.  This case is pending before the Texas and involves blood-spatter analysis. Bryan was twice convicted of murder of his wife, largely based on forensic evidence. The forensic expert has admitted that his conclusions were wrong.  Our brief will detail the scientific flaws in the blood spatter testimony at Bryan’s trials and the problems with the use of such methods.  Propublica has published an in-depth series, “Blood will Tell,” on this case.

Penuelas v. State.  This case, on appeal before the California Supreme Court, involves a challenge to a dog sniff identification. After the defendant had been interrogated for several hours, detectives walked him outside to create a path with his scent. At the end of this trail, he and the Detective sat at a picnic table. When the dog reached the table, she stopped trailing and jumped up near Penuelas, ostensibly identifying him as the killer. This type of dog scent procedure – known as a station identification – has been criticized as a scientifically untested, unreliable, and used by only a few outlier police agencies.

Parks v. State.  This North Carolina case appeals pathologist testimony regarding blood observed at a the defendant’s home.  The examiner testified, speculating based on photographs and no research or examination,  that the blood stain indicated that a death occurred there.  The Court, in conducting a Daubert review, asked the expert whether the testimony was  “based on any type of peer review authorized formulas, extrapolations or anything that can be objectively quantified and tested” and the expert agreed it was not. The expert explained she “did the test of thinking about this case.”

We will meet weekly at a time convenient for all of the students in the lab. Students will initially focus upon the preparation of background memoranda on the selected scientific issues. These memoranda will be used to develop draft amicus briefs over the course of the semester. No scientific background is required, but it would be helpful, as would the basic Evidence course.

Methods of Evaluation
  • Simulated Writing, Litigation
  • Group project(s)
Pre/Co-requisites
None

473.01

Scholarly Writing Workshop 3 Rebecca Rich W 4:00-5:50 PM 3171 Site link LAW.473.01.F19@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 substanial research and writing project requirement.

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

Because of the nature of this course it is exempt from Rule 3-1’s median requirement.  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

473.02

Scholarly Writing Workshop 3 Jeremy Mullem Th 8:55-10:45 AM 4046 Site link LAW.473.02.F19@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 substanial research and writing project requirement.

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

Because of the nature of this course it is exempt from Rule 3-1’s median requirement.  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

493.01

Wrongful Convictions Clinic 4 James E. Coleman, Jr., Jamie T. Lau, Theresa A. Newman Tu 4:00-5:50 PM 1178 Site link LAW.493.01.F19@sakai.duke.edu

The Wrongful Convictions Clinic is an investigative and litigation clinic.  With the assistance of supervisors, outside counsel, and other professionals, students work in teams to help free innocent inmates in North Carolina by developing their claims of innocence and, when necessary, pursuing relief on their behalf in state and federal court.  Each team of students,  under the supervision of Clinic faculty, undertakes a wide range of work, which can include corresponding and meeting with the client, identifying and interviewing witnesses, developing an investigative and legal strategy for advancing the client’s case, researching and drafting complex complaints and briefs, assisting in court proceedings, and, eventually, assisting the client in transitioning from wrongful imprisonment to freedom.

The seminar component of the Clinic examines the principal factors that contribute to wrongful convictions (e.g., mistaken eyewitness identification, false confessions, faulty forensic evidence, incompetent defense counsel, and police and prosecutorial misconduct) and offers training in relevant investigative and litigation skills ( e.g., interviewing, writing, and analysis of various forms  of evidence).

Clinic students must attend an all-clinics’ intensive training day scheduled early in the semester and, over the semester, perform a minimum of 100 hours of client work (in addition to weekly seminar preparation and attendance).

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)

500.01

Arbitration: Law and Practice 3 Charles R. Holton Th 4:00-7:00 PM 4044 Site link LAW.500.01.F19@sakai.duke.edu

This course will examine the substantive law of arbitration during the first half of the term using excerpts from the textbook Arbitration: Cases and Materials by Huber & Weston (3rd Edition, 2011, LexisNexis) and focus thereafter on the development of practical skills for conducting an arbitration presentation. The class will be limited to a maximum of 18 students.   Grading will be based upon class participation, the submission of written arbitration brief, and the oral presentations of arbitration arguments/evidence.

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

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

501.01

Civil Litigation in U.S. Federal Courts: Transnational Issues 3 Laurence R. Helfer M/W 2:00-3:25 PM 4172 Site link LAW.501.01.F19@sakai.duke.edu

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

501.01.Fall2019-syllabus.pdf535.59 KB

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

502.01

Forensics Litigation

FAST TRACK: Class Meets: Oct 18 - 20

1.5 Brandon L. Garrett FSSu 9:00-5:00 PM 4046 & 4049 Site link LAW.502.01.F19@sakai.duke.edu

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

 

Grading Basis: Graded

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

510.01

Legal Interviewing & Counseling
FAST TRACK: Class Meets: Aug 29 - Oct 24
2 Marie Grant Lukens Th 4:00-7:00 PM 4042 Unavailable Requires available Sakai site

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
  • Reflective Writing
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

514.01

Research Methods in Administrative Law 2 Jane Bahnson, Wickliffe Shreve Th 4:00-5:50 PM 3171 Site link LAW.514.01.F19@sakai.duke.edu

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

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

515.01

Contract Drafting for the Finance Lawyer 2 Alexandra K. Johnson M 10:30-12:20 PM 3171 Site link LAW.515.01.F19@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

519.01

Contract Drafting 2 Erika J.S. Buell W 8:55-10:45 AM 4046 Site link LAW.519.01.F19@sakai.duke.edu

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

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

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

530.01

Entertainment Law 3 Sarah Vacchiano, Nicole Ligon M 4:00-6:45 PM 4000 Site link LAW.530.01.F19@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

533.01

Government Enforcement and Global Corporate Compliance 2 Karen Popp M 8:55-10:45 AM 4044 Site link LAW.533.01.F19@sakai.duke.edu

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

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

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

534.01

Advising the Entrepreneurial Client

Reserved for 1 year LLM-LE Students

3 Erika J.S. Buell F 8:00-10:45 AM 4044 Site link LAW.534.01.F19@sakai.duke.edu

The goal of Advising the Entrepreneurial Client is to prepare students to assist in the representation of a start-up venture/angel backed company. This course takes students through the legal issues likely to present themselves in the lifecycle of a typical technology company from inception/incorporation through acquisition (the typical liquidity event). Advising the Entrepreneurial Client exposes students to the types of issues, questions and documentation that they encounter and the lawyering skills that they need as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations.

Students are graded on class participation, weekly group homework, and three major drafting assignments.

Class is open to students pursuing the LLM in Law & Entrepreneurship.  Students not in this program should consider Law 540: Startup Law: Representing the Company.

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

Business Associations

537.01

International Human Rights Advocacy Seminar 2 Jayne Huckerby M 4:00-5:50 PM 4055 Site link LAW.537.01.F19@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

540.01

Startup Law: Representing the Company 3 Erika J.S. Buell, Bryan McGann Tu/Th 8:55-10:20 AM 4000 Site link LAW.540.01.F19@sakai.duke.edu

This course takes students through the legal issues likely to present themselves in the lifecycle of a high growth technology company from inception/incorporation through acquisition (the typical liquidity event). Startup Law exposes students to the types of issues, questions and documentation that they encounter as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations. While the content is similar to Law 534 Advising the Entrepreneurial Client, this does not satisfy the requirements for the JD/LLMLE nor the LLMLE. Business Associations highly recommended as a prerequisite but may be taken as a co-requisite. Final grade based on exam and in class participation.

Grading Basis: Graded

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

541.01

Nonprofit Organizations 3 Richard L. Schmalbeck M/W 2:00-3:25 4045 Site link LAW.541.01.F19@sakai.duke.edu

The subject of the course is the diverse sector of the economy composed of nonprofit organizations. The topics to be covered include their economic function, governance issues, the tax laws covering them, abuses of their special status, and policy issues regarding them.

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

550.01

Legal Issues of Cybersecurity and Data Breach Response 2 John Stark Th 2:00-3:50PM 4046 Site link LAW.550.01.F19@sakai.duke.edu

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

Grading Basis: Graded

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

558.01

Foreign Anti-Bribery Law 2 Rachel Brewster W 10:30-12:20 PM 3000 Site link LAW.558.01.F19@sakai.duke.edu

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

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

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

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

558W.01

Foreign Anti-Bribery Writing Credit 1 Rachel Brewster N/A N/A Site link LAW.558W.01.F19@sakai.duke.edu

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

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

560.01

Sales and Value Added Tax Law 2 Peter A. Barnes, Graham Glenday Tu 4:00-5:50 PM 3000 Site link LAW.560.01.F19@sakai.duke.edu

SALES AND VALUE-ADDED TAX LAW covers the policy issues, legal frameworks and detailed technical issues related to VAT and retail sales tax systems. Comparisons are drawn between the VAT (a multi-stage consumption tax system used by most countries -- but not the US) and retail sales taxes (the consumption tax adopted by most US states). The class explores variations between the VAT systems and retail sales tax systems in different jurisdictions, in order to highlight key policy issues. The course also highlights innovations in consumption taxes (especially to deal with the digital economy) and the treatment of special sectors such as the real property, financial, agriculture and public interest sectors. Approaches for dealing with the application of VATs and sales taxes in the context of federations and common markets are also considered.

The principal focus is on VAT, because retail sales taxes can be viewed as a single-stage VAT. The aim of the course is to enable you to think about VAT (or sales tax), whether from the perspective of what the law is, what it should be, or how it might be administered. More generally, the course is designed to sharpen your skills to think like a lawyer, like a policymaker, and like a tax administrator.

After taking the course, you should understand how the VAT and retail sales taxes work in practice, and you will have a clear understanding of how consumption taxes differ from income taxes. We will discuss the definition of key legal elements of the VAT (taxpayer, taxable event, tax base, rates, tax period) and how the tax is collected. This analysis should equip you with the ability to address consumption tax issues in the future, or indeed to deal with any tax, since all taxes have these basic common elements.

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

562.01

Sentencing & Punishment 2 Judge James C. Dever III, Arthur F. Beeler, Jr. W 6:00-7:50 PM 4055 Site link LAW.562.01.F19@sakai.duke.edu

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

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

573.01

Shaping Law and Policy: Advocacy and the Affordable Care Act 2 W 10:30-12:20 PM 4044 Site link LAW.573.01.F19@sakai.duke.edu

This seminar will discuss how legal advocacy shapes law and public policy at the federal level, with particular emphasis on the last decade of history under the Affordable Care Act (ACA). It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies to illustrate the legal community’s key levers in shaping recent health policy. Each weekly seminar will focus on one of the health policy issues addressed in the ACA, across its various stages of development and evolution. Topics will include the individual mandate, Medicaid expansion and waivers, insurance exchanges, employer mandates, insurer risk protections, and cost sharing reduction subsidies; as well as broader legal issues involving federalism, administrative rulemaking, standing, severability. and delegation to extra-legislative bodies. After a very brief immersion in the context of health policy history and the tools of the public law trade, the seminar will emphasize how attorneys and their allies can play either offense or defense as the later stages of policy debates shift. The ACA provides an organizing context and means to the broader end of examining how Washington-oriented attorneys and related legal advocates operate, while providing a quick introduction to a host of contemporary issues in health law and policy. Because the best way to be an effective advocate is first to understand the best arguments on both sides of a given issue, the seminar will provide a balanced representation of efforts by ACA defenders, opponents, and those in-between as they engaged in various regulatory and litigation activities to advance, negate, or alter the law’s original intentions. Study of the diverse and often-shifting legal problems encountered by a single industry, particularly one as important and complex as health care, may appeal to students generally interested in public policy and in law and economics, not just health care, as well as those interested in sharpening their skills in legal advocacy through involvement in litigation and administrative rulemaking.   

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Class participation
Pre/Co-requisites
None

575.01

Securities Litigation and Enforcement in Practice 2 Emily N. Strauss Tu 10:30-12:20PM 4172 Site link LAW.575.01.F19@sakai.duke.edu

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

Grading Basis: Graded

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

578.01

Crimmigration 3 Kate Evans M/W 10:55-12:20PM 4046 Site link LAW.578.01.F19@sakai.duke.edu

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

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

Grading Basis: Graded

Methods of Evaluation
  • Simulated Writing, Litigation
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation
Pre/Co-requisites

Pre-Requ for Immigration Law Clinic (starting in Spring 2020)

579.01

Mass Torts 3 Francis McGovern M/W 4:00-5:25 PM 4044 Site link LAW.579.01.F19@sakai.duke.edu

Mass Torts is a course designed to introduce students to the theory, practice, and strategy associated with the substantive law, procedure, and resolution of a wide variety of mass tort litigations.  Most mass torts are consolidated by the Judicial Panel on Multi- District Litigation, and the organization of the course is based on the life of a case in MDL: origins, pleadings, referral to a transferee judge, e-discovery, fact discovery, expert discovery, motion practice, test cases, pre-trial hearings, trials, appellate practice, remands, settlement, and claims resolution facilities.  There will also be substantial emphasis on larger themes and issues that are implicated by mass torts in the relationship between federal and state courts, in competing theories of liability and procedure, in the interaction of litigation, bankruptcy, and administrative processes, in the roles of public and private litigation and attorneys, in the respective interests of the executive, legislative, and judicial branches of federal and state governments, and in a variety of competing economic, jurisprudential, policy, and practical concerns.  The course will be updated during the semester with emerging developments in currently pending mass tort litigation including opioids, asbestos, and Roundup.  The readings are prepared specifically for this course and will consist of excerpts from judicial opinions, pleadings, briefs, motions, and other original source material as well as excerpts from law review articles, press accounts, and books.  The grade will be based on a take home examination consisting of short answer and essay questions.  

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

581.01

FinTech Law and Policy 3 Lee Reiners Tu/Th 2:00-3:25 PM 3000 Site link LAW.581.01.F19@sakai.duke.edu

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

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

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

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

Prior or current registration in a financial regulatory course (e.g., Big Bank Regulation; Securities Regulation). Please discuss with instructors if you think your prior course might be eligible

582.01

National Security Law 3 Charles J. Dunlap, Jr., Shane Stansbury M 6:10-8:55 PM 4055 Site link LAW.582.01.F19@sakai.duke.edu

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

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

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

 

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

LAW 120 CONSTITUTIONAL LAW is recommended, but not required, as a prerequisite for one-year LLM students.

590.01

Risk Regulation in the US, Europe and Beyond 2 Jonathan B. Wiener W 2:00-3:50 PM 4044 Site link LAW.590.01.F19@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

591.01

Development Finance

FAST TRACK: Class meets Su 9/29 - Th 10/3

1 Manuel Sager Su-Th Su 10:00-12:00 PM & 1:00-3:00 PM; M 8:55-10:45 AM & 12:30-1:50 PM; Tu 12:30-1:50 PM; W 8:55-10:45 AM & 12:30-1:50 PM; Th 12:30-1:50 PM 4172 Unavailable Requires available Sakai site

The Course will provide a general overview of persisting development challenges in Low and Middle-Income Countries, and the shared global responsibility under the Agenda 2030 to address them. It will focus on the roles of and partnerships between various actors of development finance, such as government agencies, multilateral development banks, foundations, non-governmental organizations, and impact investors; and familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms. The Course will also deal with critical views on Aid Effectiveness, and issues of Policy Coherence for Development in developed countries.

Course Requirements:

  • Two 3-page essays: the first to be handed in on or before September 29, 2019, 11:59 p.m.; the second to be handed in on or before October 4, 2019, 11:59 p.m. (combined 30% of final grade)
  • One 10-page final paper to be handed in before December 13, 2019, 11:59 p.m. (40% of final grade);
  • Participation in class discussions (30% of final grade).

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

592.01

Frontier AI & Robotics: Law & Ethics 3 Jeff Ward W 4:00-6:45 PM 4000 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

609.01

Readings: Introduction to Cyber Law and Policy 1 Shane Stansbury Th 8:55-10:45 AM 4047 Site link LAW.609.01.F19@sakai.duke.edu

This course will provide a brief introduction to the dynamic and rapidly evolving field of cyber law.  The course will be team-taught by multiple instructors over the course of ten weeks, and will consist of three major components:  (1) an overview of today’s threat landscape and the legal frameworks governing approaches to private sector data breaches, cybercrime by state and non-state actors, and cyberwarfare; (2) an exploration of key domestic and international data privacy laws, and the legal and policy issues surrounding the government’s collection of domestic and foreign data; and (3) the impact of emerging technologies on approaches to privacy and cybersecurity, with the financial sector as a case study.  The course will provide students with a foundation for addressing some of the most pressing legal and policy issues facing today’s lawyers, and will also serve as a gateway to more advanced cyber-related courses offered at Duke Law.

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

611.11

Readings

FAST TRACK: Class meets August 26 – October 29, plus final session on November 19.

1 Allison Rice, Ames Simmons Tu 10:50-12:20 PM 4046 Site link LAW.611.11.F19 @sakai.duke.edu

This one-credit Readings class will focus on the evolving political and legal rights and experiences of the transgender community both historically and in the current political environment. Through readings and discussion, students and faculty will examine transgender experiences in both the personal context and in the political context of the broader LGBTQ and re-thinking gender movements. Each class session will focus on different aspects of the experiences of transgender people, starting with an overview and definition of terms, with subsequent classes focusing on transgender history, health disparities, criminal legal system, and transgender children. We will devote two classes to a discussion of legal rights, including employment, education, and bathroom access on both the state and federal level pre- and post the current Trump administration. These classes will tie into the North Carolina controversial HB2 bill.  Students will write three short reflection papers focused on the class readings.

 

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

611AB.01

Readings in National Security

*Year-Long Course

0.5 Charles J. Dunlap, Jr. TBD TBD Site link LAW.611A.01.F19 @sakai.duke.edu

This course is a one-credit, pass-fail seminar that will meet at least six times over the course of the 2019-2020 academic year. The seminar will introduce some of the issues confronting young lawyers as they try to navigate today's national security environment either as an attorney practicing in government, as a member of a law firm, or as a counsel for a corporation or non-governmental organization. We will consider, for example, how the existing rules of professional conduct may apply in the national security law setting, as well as examine specific cases of problematic behavior by lawyers. We will also address the practical issues of dealing with clients in very high-stress situations, as well as the "work-life" balance in this area of practice. Readings will include various case studies, law journal articles, and other relevant material. A film will also be part of the curriculum. The instructor may augment his own experience with guest discussants. Students are required to read two books for discussion, Paul Scharre’s Army of None: Autonomous Weapons and the Future of War, and the novel, Allegiance by Kermit Roosevelt.  In addition, the short book, The American Military: A Concise History, is required for background.  Although only six meetings are anticipated, students are asked to reserve the following seven dates so that the seminar will have flexibility: Sept 8, Oct 23, Oct 27, and Nov 17, 2019, and Jan 12, Jan 26, and Feb 2, 2020.  Meetings will be on Sunday afternoons, from 3:30 p.m. to 5:30 p.m., usually in Maj Gen Dunlap’s home (about ten minutes from the Law school), with Mrs. Dunlap being the hostess. Refreshments and a light buffet be served.

Methods of Evaluation
Pre/Co-requisites
None

611AB.02

Readings: Judicial Biography

Judicial Biography

*Year-Long Course

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

A total of 112 individuals have served as Justices of the United States Supreme Court.  They have come from a wide variety of backgrounds and experiences.  Most were judges before becoming Justices, but others were law professors, attorneys in private practice, or even politicians with no prior judicial experience.  Once on the Court, many of the Justices have surprised and sometimes disappointed those who appointed and supported them. How has a Justice’s life story and prior experiences shaped and molded their judicial philosophy?

This one-credit readings class will focus on reading biographies of Supreme Court Justices.  During the course of the year, we will select and read six different biographies (three per semester).  This will include Becoming Justice Blackmun by Linda Greenhouse, and The Man Who Once Was Whizzer White:  A Portrait of Justice Byron R. White by Dennis Hutchison.  The class will determine what other Justice’s biographies to read during the course of the year.

For each book, the class will meet for a two-hour discussion session (at Professor Metzloff’s home).  Students will write a short reaction paper (2-3 pages) focusing on some aspect of the Justice’s life story.

Methods of Evaluation
Pre/Co-requisites
None

611AB.04

Laws of Mars: Legal Rules for Living Off the Earth

*Year-Long Course

0.5 Jonathan B. Wiener TBD TBD Site link LAW.611A.04.F19@sakai.duke.edu

Human travel to the Moon and/or Mars is now being planned by NASA, ESA, China, and other government space agencies, and perhaps even sooner by private companies such as Elon Musk’s SpaceX, Jeff Bezos’ Blue Origin, or the European firm MarsOne.  “A new life awaits you in the off-world colonies – a chance to begin again in a golden land of opportunity and adventure!”  But what will or should be the rules and norms of this new life?  Human settlements on the Moon, Mars, or another off-Earth colony would pose challenges that are not only scientific and engineering, but also social and legal.  Examining the optimal social/legal approaches in advance may help such a colony succeed.  And it may also offer a useful thought experiment for assessing and improving social/legal arrangements on Earth.  For example, who can/should own the property rights to such a “golden land of opportunity” and its resources?  (Is recent US law on space mining in conflict with the 1967 Outer Space Treaty?)  What should the environmental laws be to protect – or intentionally terraform – the other planet?  What should “planetary protection” regulations provide, to avoid harmful microbial contamination of the off-Earth colony, and of the Earth?  What should the laws be for ordinary life off the Earth, including accidents, crimes, marriage, divorce, citizenship, etc. …  And, who should decide on these laws – raising constitutional questions of, e.g., rule by each government that sends settlers, or by each private company that sends them, or by an international agreement, or by the settlers themselves in their new home …  This Readings course will explore these and other questions about the “Laws of Mars.”

Methods of Evaluation
Pre/Co-requisites
None

611AB.05

Abortion: Law, Policy, Ethics 0.5 Stephen E. Sachs, Amanda Schwoerke Site link law.611a.05.f19@sakai.duke.edu

The law of abortion is in flux. With new appointments to the Court and new legislative initiatives in the states, there is a greater likelihood of significant shifts in constitutional doctrine than at any point in the last few decades. As a result, it has become particularly important for future lawyers to have an opportunity to study the issue in detail and to decide what they think.

This one-credit, ungraded year-long readings course is intended to give students the chance to discuss, in a relaxed academic setting, the difficult and important questions of ethics, policy, and law raised by the issue of abortion. The course meets on eight Wednesday evenings, roughly once a month, from 7:30 to 9:15 p.m. Sessions are held at the instructors’ home—depending on enrollment, either at our dinner table or in our living room. (You should have your dinner beforehand; we provide the coffee and dessert.)

The questions raised by abortion are both highly abstract and deeply personal. While they are the subject of intense and heartfelt commitment on both sides, this course is offered in the belief that they are also a proper subject for intellectual inquiry. We will insist that discussions be conducted in a civil and respectful manner, and that you address and listen to your fellow students, whatever their views, with an open mind. Within each unit, the assigned readings are roughly balanced as to viewpoint; they take deeply conflicting positions, and you will certainly disagree with some of them. The course is offered on a credit/no-credit basis partly to ensure that you are neither penalized nor rewarded for sharing the views of either of the instructors.

Two-page response papers are due 24 hours before each meeting. They may be uploaded to the ‘Forum’ section of the course website, so that you can read your classmates’ papers in advance. Response papers should address some issue raised in your mind by that session’s readings; they needn’t discuss every reading, and they should respond to the readings rather than summarize them. Each student is expected to participate fully in the discussions.

There is one required text, What Roe v. Wade Should Have Said (Jack M. Balkin ed., 2005). Other required readings are available online or in the coursepack. (Because the course focuses on basic principles rather than the details of current doctrine, it leaves out such decisions as Gonzales v. Carhart, Whole Woman’s Health v. Hellerstedt, or Azar v. Garza, as well as a number of important cases in state or circuit courts.)

Methods of Evaluation
Pre/Co-requisites
None

617.01

Environmental Law Readings Workshop 0.5 Rima Idzelis 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

621S.01

Externship Seminar 1 Anne Gordon W 7:00-8:50 PM 4000 Site link LAW.621S.01.F19@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

636.01

Food, Agriculture and the Environment: Law & Policy 2 William Scott Tu 10:30-12:20 PM 4044 Site link LAW.636.01.F19@sakai.duke.edu

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

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

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

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

655.01

Spanish for Legal Studies 2 Sebastian Kielmanovich Th 7:00-9:20 PM 4046 Site link LAW.655.01.F19@sakai.duke.edu

The purpose of the course is to introduce the students to the Spanish legal concepts and technical language used in the civil law tradition as applied in Latin America. The course will focus on Argentinean law. The course seeks to improve the Spanish oral and written communication skills of the students.
The course seeks also to expose the students to some of the main issues that may arise in the practice of law dealing with Latin America. Thus, there will be discussion of cultural, historical and political traits of the region in order to provide students with better tools as facilitators of human international relations between English and Spanish speakers, in the context of transnational legal transactions. The overall objective of the course is to enrich the possibilities that Spanish as a second language may bring to the profession.
Prerequisite: Spanish language skills sufficient to follow a class, participate and understand the written materials. If you have doubts about the degree of Spanish required please talk with the instructor before registration.

El objetivo del curso es familiarizar al estudiante con los principales conceptos juridicos y lenguaje tecnico que se utiliza en la tradicion del derecho civil en la America de habla castellana. El curso hara enfasis en el derecho argentino. Se busca mejorar las habilidades de comunicacion oral y escrita en el idioma castellano.
El curso busca tambien explorar algunas de las cuestiones principales que se le pueden presentar a un abogado extranjero en su practica con America Latina. Dentro de este proposito, se discutiran cuestiones culturales, historicas y politicas de America Latina para dotar de mayores herramientas al estudiante como futuro facilitador de la comunicacion humana, incluyendo las transacciones juridicas internacionales, para la utilizacion mas enriquecedora de las posibilidades que brinda un segundo idioma.
Pre-requisito: Dominio suficiente del idioma castellano para poder seguir una clase, intercambiar opiniones y comprender los materiales. Si se tiene dudas sobre el nivel de dominio del lenguaje necesario, por favor consulte al instructor antes de registrarse.

Methods of Evaluation
Pre/Co-requisites
None

677.01

Duke Law in DC: Rethinking Federal Regulation 4 Stephen E. Roady TBD TBD 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

679.01

Duke Law in DC Externship 9 Anne Gordon TBD TBD Site link LAW.679.01.F19@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

702.01

Alternative Dispute Resolution 3 Francis McGovern M/W 2:00-3:25 PM 3000 Site link LAW.702.01.F19@sakai.duke.edu

This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR -all of which have gained wide-spread use as alternatives to traditional litigation. The survey encompasses three perspectives; the advocate's perspective in choosing the most appropriate ADR process in light of the different advantages and disadvantages of the various processes; the third-party neutral's perspective in facilitating or fashioning a just resolution of the parties' dispute; and the policy maker's perspective in utilizing ADR as a more efficient and cost effective substitute for traditional adjudication.

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

718.01

Social Choice Theory: Cost-Benefit Analysis and Beyond 2 Matthew Adler Th 2:00-3:50 PM 4044 Site link LAW.718.01.F19@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.

 

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

722.01

International Business Law 3 Rachel Brewster Tu/Th 2:00-3:25 PM 4047 Site link LAW.722.01.F19@sakai.duke.edu

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

GRADING: Grades are based on an exam.

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

740.01

Data/Cyber Ethics Seminar

Meets at West Duke 108A

2 Margaret C. Hu M 3:05-5:35PM Unavailable Requires available Sakai site

Russian interference of the 2016 presidential election and the 2018 midterm elections have exposed unprecedented vulnerabilities: shortcomings to national cybersecurity policy and the failure to develop effective cyber threat deterrents; underregulation of social media platforms and Internet governance; how best to safeguard voter data and consumer data; and what federal oversight of election administration and voting systems may be necessary while still respecting federalism principles and state sovereignty. Multiple intelligence reports have described the interference as an “influence campaign” that blended covert cyber operations, and overt propaganda and misinformation operations. This seminar will explore how best to address the legal and policy challenges posed by the foreign interference in U.S. elections. The course will explore how policy and corporate reform efforts can be shaped by the emerging fields of cyber ethics and data ethics. The seminar will include a close examination of intelligence reports, the Special Counsel’s indictments, and other original source material to better understand the nature of foreign interference in US elections. It will also include an in-depth discussion of interdisciplinary work authored by experts in multiple fields: data and information science, ethics, privacy law, cybersecurity, national security, federalism, state and local governments, corporate governance, election law and voting rights, media and communications law, internet governance, civil rights and civil liberties, international relations, and political science and political theory. For graduate students and law students, regular participation will be supplemented by additional reading assignments and more in-depth research requirements, including an expectation to pursue original source research.
Graduate and law students will also meet separately with the instructor throughout the semester to discuss the supplemental reading assignments and research progress, and will have an opportunity to present their research findings at the conclusion of the semester.  This course may be used by law students to satisfy the Substantial Research and Writing Project degree requirement.

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

766.01

Law Practice Technology 2 Femi Cadmus, Casandra Laskowski M 10:30-12:20PM 3210 Site link law.766.01.f19@sakai.duke.edu

Rapidly evolving technologies are undoubtedly transforming the traditional law practice. The purpose of this course is to explore and investigate the use and impact of current technologies in the practice of law. The focus will be smaller to mid-sized law firms but there will also be some discussion on large practice groups. Tools for client management, electronic discovery, and document management will be analyzed. Ethical issues relating to proper use of technology and data management will be discussed. Electronic communications and social networking tools will also be explored.
Students who take Law 766 Law Practice Technology may not take Law 765 Introduction to Technology in the Law Office.

Grading Basis: Graded

Methods of Evaluation
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Practical exercises
  • Class participation
Pre/Co-requisites

Students may not take 765 if they take 766

775.01

Corporate Ethics 1 J. Scott Merrell M 6:00-7:50 PM 4046 Site link LAW.775.01.F19@sakai.duke.edu

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

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

778.01

Law & Entrepreneurship

LLM-LEs only

2 Erika J.S. Buell F 11:00-3:00 PM 4044 Site link LAW.778.01.F19@sakai.duke.edu

This perspectives course serves as an anchor for the E-LLM program. In addition to giving students a theoretical framework through which to understand the relationship of entrepreneurship and law, the course will feature regular opportunities to learn directly from entrepreneurs and entrepreneurial lawyers.

Methods of Evaluation
Pre/Co-requisites
None

785.01

Legal Writing in Civil Practice 2 Jo Ann Ragazzo W 10:30-12:20 PM 4040 Site link LAW.785.01.F19@sakai.duke.edu

Writing is integral to most aspects of state and federal civil law practice including communicating effectively with clients, asserting clients' rights, and advocating for clients in litigation. This two-credit hour advanced writing course helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs. Assignments will be based on a number of substantive issues of statutory and common law including property, contracts, torts and civil procedure. Writing assignments will involve initial drafts, instructor feedback, peer review, and final revisions with students building a portfolio of their work during the course of the semester. Research skills will be reviewed and practiced. In addition to content analysis and structure, emphasis will be placed on the ethical and professional considerations involved with each assignment. The semester will culminate in oral arguments on motions before members of the bench and bar.

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