Fall 2020 Class Schedule

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

110.01

Civil Procedure

Small Section 1

4.5 Margaret H. Lemos MWTh 9:00 AM-10:25 AM Site link LAW.110.01.F20@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

Small Section 2

4.5 Thomas B. Metzloff MWTh 9:00 AM-10:25 AM Site link LAW.110.02.F20@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

Small Sections 3 and 4

4.5 Darrell A. H. Miller MWTh 10:55 AM-12:20 PM Site link LAW.110.03.F20@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

Small Sections 5 and 6

4.5 Stephen E. Sachs MWTh 9:00 AM-10:25 AM Site link LAW.110.04.F20@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

110.05

Civil Procedure

Small Sections 7 and 8

4.5 Stephen E. Sachs MWTh 10:55 AM-12:20 PM Site link LAW.110.04.F20@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

2Ls only

4.5 Matthew Adler MWTh 8:55 AM-10:20 AM Site link LAW.120.01.F20@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 4.5 Mitu Gulati MWTh 3:35 PM-5:00 PM Site link LAW.130.01.F20@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 4.5 Paul H. Haagen MWTh 3:35 PM-5:00 PM Site link LAW.130.02.F20@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 4.5 Barak D. Richman MWTh 3:35 PM-5:00 PM Site link LAW.130.03.F20@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

Small Section 3

4.5 Sara Sun Beale MWTh 2:00 PM-3:25 PM Site link LAW.140.01.F20@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

Small Sections 1 and 2

4.5 Samuel W. Buell MWTh 10:55 AM-12:20 PM Site link LAW.140.02.F20@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

140.03

Criminal Law

Small Section 4

4.5 James E. Coleman, Jr. MWTh 9:00 AM-10:25 AM Site link LAW.140.03.F20@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 11:10 AM-12:20 PM Site link LAW.160A.01.F20@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 11:10 AM-12:20 PM Site link LAW.160A.02.F20@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 11:10 AM-12:20 PM Site link LAW.160A.03.F20@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 Laura M. Scott, Emily N. Strauss Tu/F 11:10 AM-12:20 PM Site link LAW.160A.04.F20@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 11:10 AM-12:20 PM Site link LAW.160A.05.F20@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 11:10 AM-12:20 PM Site link LAW.160A.06.F20@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 11:10 AM-12:20 PM Site link LAW.160A.07.F20@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 Powell, Deanne Morgan Tu/F 9:45 AM-10:55 AM Site link LAW.160A.08.F20@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

Small Section 6

4.5 Donald H. Beskind MWTh 10:55 AM-12:20 PM Site link LAW.180.01.F20@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

Small Section 5

4.5 Doriane Lambelet Coleman MWTh 10:55 AM-12:20 PM Site link LAW.180.02.F20@sakai.duke.edu

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

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

180.03

Torts

Small Section 8

4.5 Doriane Lambelet Coleman MWTh 2:00 PM-3:25 PM Site link LAW.180.03.F20@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

180.04

Torts

Small Section 7

4.5 Laurence R. Helfer MWTh 2:00 PM-3:25 PM Site link LAW.180.04.F20@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 Stuart M. Benjamin Tu/Th 10:55 AM-12:20 PM Site link LAW.200.01.F20@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 W 10:30 AM-12:20 PM Site link LAW.201.01.F20@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 Th 10:30 AM-12:20 PM Site link LAW.201.02.F20@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 PM-3:50 PM Site link LAW.202.01.F20@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 25-30-page research paper OR taking a take-home exam. Paper topics must be approved by the instructor, who will be glad to make suggestions (some of which will involve local field research). To the extent feasible under the circumstances in Fall 2020, we will have individual in-person (one-on-one) meetings to discuss paper topics and interim progress. If that’s not feasible, the meetings will be via Zoom.

There are no prerequisites for the course. Although some background in intellectual property (copyright and trademark law) would be helpful, none is required. A set of readings will be distributed prior to the first meeting of the class. Before then, a complete updated syllabus will be posted. Our in-class sessions in Fall 2020 will be enriched through the (virtual) participation of guest experts.

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

203.01

Business Strategy for Lawyers 3 John M. de Figueiredo Tu/Th 8:05 AM-10:20 AM Site link LAW.203.01.F20@sakai.duke.edu

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

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

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

Methods of Evaluation
  • Final Exam
  • Research and/or analytical paper(s), 5-10 pages
  • Class participation
Pre/Co-requisites
Analytical Methods

205.01

Antitrust 3 Barak D. Richman Tu/Th 10:55 AM-12:20 PM Unavailable Requires available Sakai site

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

210.01

Business Associations 4 James D. Cox MWTh 11:00 AM-12:15 PM Site link LAW.210.01.F20@sakai.duke.edu

Professor Cox’s fall 2020 Business Associations will include two written team memoranda projects that will in combination constitute 40 percent of the final grade. There is typically a word limit of about 1200 words for each memo. The exclusive focus of each assignment is material that has been studied in class, i.e., no “outside” research is permitted so that the focus is applying material covered in the class and is included in the course materials. Class members select their team members; there are three to four members to a team. The first memo will be assigned October 1 and due October 14; the second memo will be assigned October 29 and due November 9. The purpose of the memo is to engage you and your team members with the subject matter in a highly professional level. It is your opportunity to function as a lawyer.

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

210.03

Business Associations 4 Elisabeth D. de Fontenay MWTh 9:05 AM-10:20 AM Site link LAW.210.03.F20@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.

Business Associations is considered a foundational course for business law, and is a prerequisite to several courses in the field.

The course grade for Prof. de Fontenay’s section of Business Associations will be based on the final examination (65%), student participation (20%), and several quizzes, problem sets, or other short assignments (15%).

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

227.01

Use of Force: Cyber, Drones, Hostage Rescues, Piracy, and more 2 Charles J. Dunlap, Jr. Tu 4:00 PM-5:50 PM Site link LAW.227.01.F20@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, for example, what circumstances constitute an “act of war” in variety of situations, to include cyberspace. 

Although the course will be taught online, I expect to offer in-person office hours and other small-group meetings on campus if possible (with virtual options for students who cannot attend). There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

We will have some synchronous whole-group meetings and some class time divided between sections.  The course may include guest speakers (via Zoom).  There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

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

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

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

There is no textbook for this course, but there will be a course pack along with materials (students may be required to purchase the course pack, but the cost will not exceed $25).

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

Methods of Evaluation
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 20+ pages
  • Oral presentation
  • Class participation
Pre/Co-requisites
None

231.01

Ethics in Action: Large Firm Practice
NEW
2 Kendall Gray M 2:00 PM-3:50 PM Site link LAW.231.01.F20@sakai.duke.edu

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

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

Grading Basis: Graded

Methods of Evaluation
  • Simulated Writing, Transactional
  • Simulated Writing, Litigation
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

235.01

Environmental Law 3 James Salzman M/W 4:00 PM-5:25 PM Site link LAW.235.01.F20@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
  • Final Exam
  • Research and/or analytical paper(s), 5-10 pages
  • Class participation
Pre/Co-requisites
None

238.01

Ethics and the Law of Lawyering 2 Kathryn Webb Bradley Tu 2:00 PM-3:50 PM Site link LAW.238.01.F20@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 and rules, statutes, and administrative regulations.  Grading is based on a final examination, written work relating to casebook problems and reflections on current issues in legal ethics, and class participation.

 

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

238.02

Ethics and the Law of Lawyering 2 Kathryn Webb Bradley F 10:30 AM-12:20 PM Site link LAW.238.02.F20@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 and rules, statutes, and administrative regulations.  Grading is based on a final examination, written work relating to casebook problems and reflections on current issues in legal ethics, and class participation.

 

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

238.03

Ethics and the Law of Lawyering 2 Amanda Schwoerke Tu 8:55 AM-10:45 AM Site link LAW.238.03.F20@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 and rules, statutes, and administrative regulations.  Grading is based on a final examination, written work relating to casebook problems and reflections on current issues in legal ethics, and class participation.

 

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

238.04

Ethics and the Law of Lawyering 2 Amy Richardson M 6:00 PM-7:50 PM Site link LAW.238.04.F20@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 and rules, statutes, and administrative regulations.  Grading is based on a final examination, written work relating to casebook problems and reflections on current issues in legal ethics, and class participation.

 

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

242.01

Social Justice Lawyering 2 Anne Gordon, Jesse McCoy Th 10:30 AM-12:20 PM Site link LAW.242.01.F20@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.          

While enrolled in Law 242 Social Justice Lawyering, with prior professor approval, students may enroll in Law 242W Social Justice Lawyering, Writing Credit and submit a 30-page research paper and earn an additional one credit for the course. The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement. 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. You must meet with Professor Gordon or McCoy by the second week of class if you would like to seek this additional credit and plan to use this paper to satisfy one or more of these requirements.

Grading Basis: Graded

242.01.Fall2020-syllabus.docx44.35 KB

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 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 Gordon or McCoy by the second week of class if you would like to seek this additional credit and plan to use this paper to satisfy one or more of these requirements.

Social Justice Lawyering is a co-requisite.

 

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 Th 8:30 AM-10:20 AM Site link LAW.244.01.F20@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 Fellow Bruce Elvin will lead 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 PM-3:15 PM Site link LAW.245.02.F20@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 first 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 then address the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to evidentiary privileges. 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 popular culture about trials. 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.

**Fall 2020 information for Professor Griffin’s class: Although the course will be taught on line, I will also schedule some in-person meetings and small-group sessions on campus if possible, with virtual options for students who cannot attend. There is one assigned time block for the course, but the structure of classes will vary, and students will be divided into sections, discussion groups, and panels. We will have some synchronous whole-group meetings and some class time divided between sections. There will be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements. Evaluation will be based on these in-class exercises, interim quizzes, and a final essay exam.

245.02.Fall2020-syllabus.pdf78.44 KB

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

250.01

Family Law 3 Kathryn Webb Bradley M/W 2:00 PM-3:25 PM Site link LAW.250.01.F20@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, written work relating to completion of a divorce settlement exercise and reflections on current issues in family law, and class participation.

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

252.01

Foreign Relations Law 3 Curtis A. Bradley M/W 4:00 PM-5:25 PM Site link LAW.252.01.F20@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 the recent lawsuits against China concerning COVID-19, controversies over immigration enforcement, the withdrawal by the United States from various treaties, and uses of military force against alleged terrorists.

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

255.02

Federal Income Taxation 4 Lawrence A. Zelenak MWTh 9:00 AM-10:15 AM Site link LAW.255.02.F20@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

255.03

Federal Income Taxation 4 Lawrence A. Zelenak MWTh 2:00 PM-3:15 PM Site link LAW.255.03.F20@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 PM-8:25 PM Site link LAW.260.01.F20@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

270.01

Intellectual Property 4 James Boyle MWTh 10:55 AM-12:20 PM Site link LAW.270.01.F20@sakai.duke.edu

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

270.01.Fall2020-syllabus.pdf231.57 KB

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

285.01

Labor Law 3 Daniel Seymour Bowling III Tu/Th 2:00 PM-3:25 PM Site link LAW.285.01.F20@sakai.duke.edu

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 PM-5:25 PM Site link LAW.287.01.F20@sakai.duke.edu

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

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

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 PM-6:45 PM Unavailable Requires available Sakai site

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.

298.01.Fall2020-syllabus.doc206 KB

Methods of Evaluation
Pre/Co-requisites
None

300.01

U.S. Legal Analysis, Research and Writing for International Students 2 Rima Idzelis Tu/F 9:20 AM-10:20 AM Site link LAW.300.01.F20@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 M/W 8:00 AM-9:00 AM Site link LAW.300.02.F20@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, Lee Reiners MWTh 11:00 AM-12:15 PM Site link LAW.304.01.F20@sakai.duke.edu

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

This course will review all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and future challenges and prospects for global and domestic financial reform. Conducted all online, the course will also involve substantial class interaction in addition to lectures. On a number of occasions students will take turns in presenting issues to “congressional committees,” also consisting of students, and Professors Baxter, Strauss and Reiners will be actively involved in these “hearings.”

 

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

314.01

Federal Habeas Corpus
NEW
3 Brandon L. Garrett M/W 8:55 AM-10:20 AM Site link LAW.314.01.F20@sakai.duke.edu

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

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

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

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

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

316.01

Intro to Cyber Law and Policy 2 Shane Stansbury, David Hoffman Tu 8:30 AM-10:20 AM Unavailable Requires available Sakai site

This course will provide an introduction to the dynamic and rapidly evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors, and will consist of three major components:  (1) an overview of today’s threat landscape and the legal frameworks governing approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare; (2) an exploration of legal and policy issues surrounding the collection of personal data, with a focus on both domestic and international data privacy protections; and (3) a study of the impact of data-intensive emerging technologies (e.g., Internet of Things, platform media, machine learning, fintech), with an emphasis on how law and policy can ensure technology is used ethically and fairly.  Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time (e.g., election interference, health data collection).   This course is introductory in nature and no technical background is necessary. 

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

Grading Basis: Graded

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

318.01

Comparative Constitutional Law

JD-LLM-ICLs only

2 Holning Lau F 10:30 AM-12:20 PM Site link LAW.318.01.F20@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 2 John M. de Figueiredo Tu/Th 2:00 PM-3:30 PM Site link LAW.319.01.F20@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.

The areas of focus include:

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

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

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

322.01

Copyright Law 3 Jerome H. Reichman Tu/Th 2:00 PM-3:25 PM Site link LAW.322.01.F20@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 AM-12:20 PM Unavailable Requires available Sakai site

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

333.01

Science Law & Policy 3 Michael B. Waitzkin Th 4:00 PM-6:45 PM Unavailable Requires available Sakai site

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

This will be a hybrid class with some asynchronous content.  The class will meet from 4:00 PM-6:45 PM on Thursdays in Law 3037, which allows appropriate social distancing for all class members to attend in person, if they chose to do so.  All class sessions will be live on-line to permit synchronous remote participation.  No student’s grade will be impacted by their decision to attend in person, remotely or any combination of the two.  When asynchronous content is provided, students will be required to review the recorded material before class and class length will be shortened proportionately.  All MA, PhD and JD/MA students should register under BIOETHIC 704 – approval of professor is required.  All law students (other than JD/MAs) should register under LAW 333.  Currently the number of law students is capped at 10, but additional students may be admitted depending upon the number of grad students who apply. 

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

339.01

Law and Literature 3 James Boyle M/W 4:00 PM-5:25 PM Site link LAW.339.01.F20@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

343.01

Federal Courts I: Constitution & Judicial Power 3 Ernest A. Young Tu/Th 8:55 AM-10:20 AM Site link LAW.343.01.F20@sakai.duke.edu

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

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

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

This Fall, Federal Courts 1 will be primarily online. I plan to experiment with some asynchronous lectures, which may be viewed at leisure, combined with some more problem-oriented discussion sections. I am committed to generating as many opportunities to meet in person as we can possibly get away with over the course of the semester, but it’s hard to know what that will look like from the vantage point of mid-summer. The exam will be exactly the same as it always has been: an 8-hour, open-book take-home exam.

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

350.01

Advanced Constitutional Law: A Legal History of the US Civil Rights Movement 3 H. Timothy Lovelace, Jr. M/W 10:55 AM-12:20 PM Site link LAW.350.01.F20@sakai.duke.edu

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

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

358.01

Structuring Venture Capital and Private Equity Transactions 3 W.H. "Kip" Johnson III Th 4:00 PM-6:45 PM Site link LAW.358.01.F20@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

368.01

Natural Resources Law and Policy 2 James Salzman Th 2:00 PM-3:50 PM Site link LAW.368.01.F20@sakai.duke.edu

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

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

369.01

Patent Law and Policy 3 Arti K. Rai M/W 8:55 AM-10:20 AM Site link LAW.369.01.F20@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

393.01

Trademark Law and Unfair Competition 2 Jennifer Jenkins Tu/Th 4:00 PM-5:00 PM Site link LAW.393.01.F20@sakai.duke.edu

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies. The course will cover the requirements for obtaining trademark protection (distinctiveness, use in commerce, special rules for trade dress, various bars to protection such as functionality), confusion-based infringement, secondary liability, trademark dilution, statutory and common law defenses, false advertising, and cybersquatting.

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

395.01

Distinctive Aspects of U.S. Law 2 Thomas B. Metzloff F 10:45 AM-12:00 PM Site link LAW.395.01.F20@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
HYBRID
4 Allison Rice, S. Hannah Demeritt Tu 4:00 PM-5:50 PM Unavailable Requires available Sakai site
This clinical course focuses on people living with serious illness. Student attorneys are the primary legal representatives for clients living with HIV, cancer, and other serious health conditions. Students may also work on policy or community education projects related to health and the law. Faculty supervisors provide back-up, training, coaching, and regular feedback as students handle cases involving access to health coverage (Medicaid, Medicare, private insurance), income (disability benefits and employment), job accommodations, and discrimination. Students also work on cases involving health information privacy, end-of-life planning (wills, advance directives), planning for the future care of children (guardianship), and name changes and health insurance for transgender clients. In assigning cases, faculty strive to honor students' interests.
 
Students engage with clients from diverse backgrounds whose lives have been disrupted by serious illness, including people living in poverty, those who have experienced the financial toxicity of illness, members of the LGBTQ community, and people struggling with addiction or mental illness. Although many of our clients are facing serious health and/or life challenges, students consistently remark on their clients’ resilience and gratitude, and value the experience of having a tangible impact on client's lives.
 
In addition to extensive client interactions, students will engage with health care providers, social workers, government officials, and other professionals. Students interview and counsel clients and witnesses, draft estate planning documents, analyze medical records, collaborate with other professionals, including medical providers and social workers, interview and prepare affidavits for medical providers and other witnesses, conduct fact investigations and legal research, draft legal memoranda, and as needed, represent clients in administrative and other hearings. Interested students may have the opportunity to engage in public speaking through presentations to medical providers, social workers, or client/community groups.
 
The Health Justice Clinic is appropriate for students interested in any practice area, as the skills employed are applicable to all areas of law. The Clinic may be particularly relevant for students who will work in health law, disability law, poverty law, or any administrative law field. Graduates of the clinic also report that it was especially helpful in their careers in public policy, government, and for developing a focus for their pro bono work in large firms.
Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, professionalism, the health care system, social safety net, social determinants of health, and health disparities. For the Fall 2020 semester, it is expected that the seminar will be conducted via Zoom, with some materials presented asynchronously via video. Students have an individual weekly meeting with the clinic instructors, and the instructors are available throughout the week for consultation. As much as feasible and  in the Fall 2020, instructors  Students work closely with clinic instructors, and enjoy a uniquely supportive mentoring and coaching experience. Faculty prioritize each student's professional development and encourage the development of a work-life balance that will be essential in law practice.
 
The Health Justice Clinic is normally offered on a variable clinic basis, 4-6 credits, but for the Fall 2020 semester, will be limited to 4 credit hours.     

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.

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

401.01

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

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

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

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

405.01

Appellate Practice 3 Sean E. Andrussier M 4:00 PM-6:00 PM Site link LAW.405.01.F20@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 the week before Thanksgiving.  Each student meets (after oral argument) one-on-one with the judge who reviewed that student’s brief and argument.  For Fall 2020, the arguments and meetings will be via video conference, not in person.

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

416.01

Children's Law Clinic
HYBRID
4 Crystal Grant, Peggy Nicholson Tu 2:00 PM-3:50 PM Unavailable Requires available Sakai site

The Children’s Law Clinic provides students with an opportunity to represent low-income children and parents on issues relating to the social determinants of health, including education, public benefits, and access to adequate healthcare. Students will work in teams on case assignments that could involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. There will also be opportunities to engage in policy and community education projects. With training and supervision from clinic faculty, students will act as the lead attorneys for the matters on their caseload allowing them to develop critical professional skills such as case strategy development and time management. In the weekly two-hour virtual seminar, students will engage in interactive practical skills training, learn substantive law, and analyze the broader systemic injustices that impact children and families. Students work on clinic cases approximately 10 hours a week, for a minimum of 100 hours of legal work during the semester for 4 credits. There is no paper and no exam. Students must be in at least their third semester of law school to enroll in the clinic due to state student practice rules. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic. For the Fall 2020 semester, there will be an option to participate in the clinic remotely.  Students who are in Durham may attend the virtual seminar and provide in-person representation if they choose to.  Due to the COVID-19 pandemic, the opportunity to engage in in-person representation is subject to change.  In the event that students are unable to continue in-person representation, they will be allowed to complete their clinic work remotely. (see 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 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)

417.01

Advanced Children's Law Clinic 3 Crystal Grant, Peggy Nicholson Unavailable Requires available Sakai site

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

Methods of Evaluation
  • Practical exercises
  • Live-client representation and case management
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, Judge Robert Numbers W 5:30 PM-7:20 PM Site link LAW.421.01.F20@sakai.duke.edu

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

Topics  include:

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

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

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

422.01

Criminal Trial Practice 3 Thomas K. Maher, Donald H. Beskind, Michael Dockterman Tu 6:00 PM-8:50 PM Site link LAW.422.01.F20@sakai.duke.edu

This class will be taught remotely. The synchronous portion of the class will meet remotely once a week to discuss the basic skills and perform the assigned exercises. Each student will perform an exercise at least once for each class. If students are willing and conditions permit, we may meet for some exercises in the courtroom at the law school.  Students will need to pair up and prepare the exercises in advance, which can be done on Zoom.  There will be recorded lectures that can be watched   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 trial with teams of two students on each side. 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.

Methods of Evaluation
Pre/Co-requisites

Law 245 Evidence is a pre-requisite for Criminal Trial Practice. This course is not open to students who are taking, or have taken, Law 420 Trial Practice.

425.01

Pretrial Criminal Litigation 1 Jamie T. Lau M 2:00 PM-3:50 PM Unavailable Requires available Sakai site

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

HYBRID

4 Andrew Foster Tu 2:00 PM-3:25 PM 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. For the fall semester of the 2020-2021 academic year, we expect that the seminar component of the Clinic will be taught in an online-only format.  To the greatest extent possible, however, our work with clients and with each other, including supervision meetings, will be in person.  For students who either elect not to return to Durham or who are not able to participate in the Clinic on an in person basis, you will still be able to participate fully in the Clinic, just on a remote basis.

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).

427.01.Fall2020-syllabus.docx52.02 KB

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

HYBRID

4 Charles R. Holton, Jesse McCoy Tu 4:00 PM-5:50 PM Site link LAW.429.01.F20@sakai.duke.edu

Special COVID Note:
The seminar portion of the Civil Justice Clinic will be conducted totally online via Zoom, live and synchronous during the scheduled weekly class time.  The weekly supervisory conferences and other meetings will be conducted either in person or online, depending upon student availability and preference.  Both live and online court appearances will likely be available, again dependent upon student availability and preference. For the Fall semester, the course credit will be limited to 4 credit hours.

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

Students will be directly supervised by the Clinic Director and/or Supervising Attorney and/or Legal Aid attorneys. Cases may include prosecuting 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 meetings and training sessions. Skill development will include interviewing clients/witnesses, review of relevant documents/discovery, assessment of cases, drafting of pleadings, drafting of discovery, taking of depositions, recognition of ethics issues, and actual court or agency appearances. All enrolled students will be required to provide a minimum of 100 hours of client legal work per semester as well as to participate in the weekly class and training sessions. Students must be in at least their third semester of law school to enroll in the Clinic. Courses in Evidence and/or Trial Practice are recommended but not required as prerequisites or corequisites.

Important:

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

Ethics Requirement

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

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

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

431.01

Advanced Civil Justice Clinic Charles R. Holton, Jesse McCoy Unavailable Requires available Sakai site

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

Variable Units: 1-2 credits

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

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

435.01

First Amendment Clinic

HYBRID

4 Sarah H. Ludington, Nicole Ligon Tu 2:00 PM-3:50 PM Site link LAW.435.01.F20@sakai.duke.edu

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.  First Amendment or Defamation and Privacy or Media Law 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

First Amendment or Defamation and Privacy or Media Law is a prerequisite or corequisite.

435A.01

Advanced First Amendment Law Clinic 2 Sarah H. Ludington, Nicole Ligon Unavailable Requires available Sakai site

This two-credit course is available to students who have participated in one semester in the First Amendment Law clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic.. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing 100-120 hours of client representation work, but will not be required to attend the class sessions.

Methods of Evaluation
  • Live-client representation and case management
Pre/Co-requisites
None

437.01

International Human Rights Clinic

HYBRID

4-5 Jayne Huckerby, Aya Fujimura-Fanselow Tu 4:00 PM-5:50 PM Site link LAW.437.01.F20@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.

For the Fall semester of the 2020-2021 academic year, the seminar component of the Clinic will be taught in an online-only format.  To the greatest extent possible, we will endeavor to provide in-person experiences, including in our work with each other (such as through supervision meetings). For students who are not participating on an in-person basis in the Clinic, you will still be able to participate fully in the Clinic on a remote basis.  Any potential Clinic travel will be consistent with university and Law School policies; if Clinic travel is not possible or is otherwise limited in the Fall, efforts will be made to ensure students have such opportunities at a later time, consistent with university and Law School policies.

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

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

438.01

Advanced Human Rights Clinic Jayne Huckerby, Aya Fujimura-Fanselow Site link LAW.438.01.F20@sakai.duke.edu

Available to students who would like to participate in a second semester of the International Human Rights Clinic. Consent of Clinic Director required.

Methods of Evaluation
  • Group project(s)
Pre/Co-requisites
None

441.01

Start-Up Ventures Clinic

HYBRID

4 Bryan McGann, Thomas Williams Tu 2:00 PM-3:25 PM 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:

    • 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).

441.01.Fall2020-syllabus.pdf317.24 KB

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

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

441A.01

Advanced Start-Up Ventures Clinic Bryan McGann, Thomas Williams Unavailable Requires available Sakai site

The Advanced Start-Up Ventures Clinic is for students who have already completed a semester in the Start-Up Ventures Clinic (Law 441) and wish to continue their experiential education in the start-up space, whether it be a to-be-determined project on a specific area of entrepreneurial law, or working with a specific client or in a specific industry. Typically, the course is two credits and permission to take the Advanced Start-Up Ventures Clinic must be approved by the Clinic Director. 

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

443.01

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

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

The ELPC will conduct its weekly seminars online via Zoom, and will also provide readings and short video modules for students to review in preparation for seminar discussions.  Weekly case management meetings, as well as client meetings, will be conducted in person to the extent possible, but accommodation will be made for those who need to engage remotely.

Clinic Enrollment and Credit Policies

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

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

Ethics Requirement for Law Students

Law students are required to have instruction in the Model Rules of Professional Conduct prior to, or contemporaneous with, enrollment in the Environmental Law and Policy Clinic. The following ethics classes meet this 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).

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

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

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

443A.01

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

This variable-credit (2-4 credits) course builds on the training and work of the EL&PC and offers students the opportunity to develop case leadership and deeper client relationships. Students enrolled in the Advanced Clinic are required to participate fully in the case work portion of the clinic, performing at least 100 hours of client representation work (or more, depending on credit hours), and are required to attend weekly case management meetings. In addition, Advanced students must attend two discussion sessions with other advanced clinic students that will be scheduled after the start of the semester. Instructor permission and successful completion of one semester of clinical work are required to enroll.

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

445.01

Immigrant Rights Clinic

HYBRID

4-6 Kate Evans, Shane Ellison Tu 2:00 PM-3:50 PM Unavailable Requires available Sakai site

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

Students are directly responsible for these cases and take the leading role in defining advocacy goals and strategies with their clients.  Through the clinic, students can build their litigation skills and develop a better understanding of how to engage in immigrant rights campaigns. The Immigrant Rights Clinic will combine a substantive weekly seminar, case work, and weekly case supervision and instruction meetings. It will be a one-semester course offered in both the fall and spring semesters and students will have an Advanced Clinic option. For the fall semester of the 2020-2021 academic year, we expect that the seminar component of the Clinic will be available in person for those students who wish to attend.  To the greatest extent possible, our work with clients and with each other will be in person.  For students who either elect not to return to Durham or who are not able to participate in the Clinic on an in person basis, you will still be able to participate fully in the Clinic, just on a remote basis.

Clinics Enrollment Policy

This course may not be dropped after the first class meeting. International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

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).

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • 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).  Either Crimmigration Law or Immigration Law & Policy is highly recommended. Evidence, Criminal Procedure, and Administrative Law are also helpful but not required.

 

445A.01

Advanced Immigrant Rights Clinic Kate Evans, Shane Ellison Unavailable Requires available Sakai site

Methods of Evaluation
Pre/Co-requisites
None

460.01

Negotiation for Lawyers 3 Marilyn Forbes Phillips M 4:00 PM-6:45 PM Site link LAW.460.01.F20@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.

Even without a pandemic, negotiating by electronic means has become a common way of how lawyers do business. This requires lawyers to be versatile and able to negotiate by email, telephone, and videoconference, to evaluate the pros and cons of each, and to select the most appropriate technology (or combination of technologies) given the particular parties and circumstances. Because this course will be offered entirely online, you will get significant practice negotiating by videoconference. You will also have opportunities to negotiate by telephone and email.  By the end of the semester, you will be comfortable negotiating in a digital world.

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

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

 

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 PM-4:45 PM Site link LAW.460.02.F20@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.

Even without a pandemic, negotiating by electronic means has become a common way of how lawyers do business. This requires lawyers to be versatile and able to negotiate by email, telephone, and videoconference, to evaluate the pros and cons of each, and to select the most appropriate technology (or combination of technologies) given the particular parties and circumstances. Because this course will be offered entirely online, you will get significant practice negotiating by videoconference. You will also have opportunities to negotiate by telephone and email.  By the end of the semester, you will be comfortable negotiating in a digital world.

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

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

 

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 PM-6:45 PM Site link LAW.460.03.F20@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.

Even without a pandemic, negotiating by electronic means has become a common way of how lawyers do business. This requires lawyers to be versatile and able to negotiate by email, telephone, and videoconference, to evaluate the pros and cons of each, and to select the most appropriate technology (or combination of technologies) given the particular parties and circumstances. Because this course will be offered entirely online, you will get significant practice negotiating by videoconference. You will also have opportunities to negotiate by telephone and email.  By the end of the semester, you will be comfortable negotiating in a digital world.

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

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

 

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 PM-6:45 PM Site link LAW.460.04.F20@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.

Even without a pandemic, negotiating by electronic means has become a common way of how lawyers do business. This requires lawyers to be versatile and able to negotiate by email, telephone, and videoconference, to evaluate the pros and cons of each, and to select the most appropriate technology (or combination of technologies) given the particular parties and circumstances. Because this course will be offered entirely online, you will get significant practice negotiating by videoconference. You will also have opportunities to negotiate by telephone and email.  By the end of the semester, you will be comfortable negotiating in a digital world.

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

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

 

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

473.01

Scholarly Writing Workshop
HYBRID
3 Rebecca Rich W 4:00 PM-5:50 PM Site link LAW.473.01.F20@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
HYBRID
3 Jeremy Mullem Th 8:30 AM-10:20 AM Site link LAW.473.02.F20@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

473.03

Scholarly Writing Workshop

HYBRID

3 Sarah C. W. Baker W 10:30 AM-12:20 PM Site link LAW.473.03.F20@sakai.duke.edu

For Fall 2020, Prof. Baker’s course will be offered as a hybrid in-person/virtual course. Some of the course content will be delivered asynchronously and some classes will meet in person at the law school. While the Scholarly Writing Workshop will be an in-person class so long as circumstances permit, attending any or all classes via Zoom is perfectly fine.  Given the Workshop's small enrollment, we believe that participating via Zoom on an equal basis with students who are in person will be straightforward. For Prof. Baker’s section, any course meetings after October will likely be virtual.

 

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

493.01

Wrongful Convictions Clinic
HYBRID
4 James E. Coleman, Jr., Jamie T. Lau Tu 4:00 PM-5:50 PM Site link LAW.493.01.F20@sakai.duke.edu

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

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

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

For the fall semester of the 2020-2021 academic year, we expect that the seminar component of the Clinic will be taught in an online-only format. As necessary and appropriate, however, other Clinic meetings will be in person, including work and supervision meetings with faculty.  That said, students who either elect not to return to Durham or who are not able to participate in the Clinic on an in person basis will still be able to participate fully in the Clinic on a remote basis.

Methods of Evaluation
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites

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

494.01

Advanced Wrongful Convictions Clinic James E. Coleman, Jr., Jamie T. Lau Site link LAW.494.01.F20@sakai.duke.edu

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

 

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

500.01

Arbitration: Law and Practice 3 Charles R. Holton Th 4:00 PM-7:00 PM Site link LAW.500.01.F20@sakai.duke.edu

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

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

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

500.01.Fall2020-syllabus.pdf329.77 KB

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

504.01

Critical Race Theory 2 Trina Jones M 2:00 PM-3:50 PM Site link LAW.504.01.F20@sakai.duke.edu

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

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

510.01

Legal Interviewing & Counseling 2 Marie Grant Lukens Th 4:00 PM-7:00 PM 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. I plan to offer in person office hours for those interested and also hope to develop supplementary, optional opportunities for in-person engagement, conditions permitting, with equal opportunity for students who are remote.

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

511.01

International Criminal Law 3 Madeline Morris Tu/Th 4:00 PM-5:25 PM Site link LAW.511.01.F20@sakai.duke.edu

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

The class will meet by Zoom on Thursdays from 4:00-5:30. Each class will begin with 50 minutes of “regular” class time (i.e., lecture, Socratic dialogue, student questions) followed by 30 minutes of oral argument on the “issue of the week,” and will conclude with a 10-minute class discussion of the argument and the issue.

Professor Morris will remain on Zoom after each class for further discussion and/or individual office hours.

Grades will be based on the quality of weekly (3-page) response papers and class participation.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

None

514.01

Research Methods in Administrative Law 2 Jane Bahnson, Wickliffe Shreve W 2:00 PM-3:50 PM Site link LAW.514.01.F20@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 AM-12:20 PM Unavailable Requires available Sakai site

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

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

517.01

Advanced Contracts 2 Kimberly D. Krawiec Th 2:00 PM-3:50 PM Site link LAW.517.01.F20@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

517W.01

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

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

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

concurrent enrollment in LAW 517 required

519.01

Contract Drafting 2 Sarah Powell W 8:55 AM-10:45 AM Unavailable Requires available Sakai site

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

537.01

Human Rights Advocacy Seminar 2 Jayne Huckerby M 4:00 PM-5:50 PM Site link LAW.537.01.F20@sakai.duke.edu

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

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

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

540.01

Startup Law: Representing the Company 3 Erika J.S. Buell M/W 2:00 PM-3:25 PM Unavailable Requires available Sakai site

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 PM-3:25 PM Site link LAW.541.01.F20@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

544.01

The Collective Action Constitution
NEW
3 Neil S. Siegel W 10:30 AM-12:20 PM Site link LAW.544.01.F20@sakai.duke.edu

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

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

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

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

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

*/

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

544W.01

The Collective Action Constitution, Writing 1 Neil S. Siegel Unavailable Requires available Sakai site

While enrolled in LAW 544 The Collective Action Constitution seminar, students may earn an additional credit by writing a 30-page research paper on a topic related to the substance of the seminar.

Concurrent enrollment in LAW 544 is required.

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

550.01

Legal Issues of Cybersecurity and Data Breach Response 2 John Stark Th 2:00 PM-3:50 PM Site link LAW.550.01.F20@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

550.01.Fall2020-syllabus.pdf178.96 KB

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

555.01

Law and Financial Anxiety 2 Sarah Bloom Raskin M 4:00 PM-5:50 PM Unavailable Requires available Sakai site

This course identifies and explores areas of the American legal system that have effects – both negative and positive – on the ability of people and society to prevent the onset of economic insecurity.   The class first will explore the meaning of economic insecurity and discuss why it matters. We will define the onset of such economic insecurity as financial anxiety.  The class will then explore various areas of the law as relevant to financial anxiety (or the onset of such economic insecurity). Areas of our financial system that will be explored through the prism of law include housing finance, student loan finance and information security. The lessons learned regarding the intersections of law to each of these areas of finance will be drawn from the economic context existing in the United States today and in the last decade, including the financial crisis of 2007 and 2008 as well as the cyber-attacks and other ways in which personal financial data is under assault from poor information security systems.  We will discuss each of these issues in the larger context of consumer debt, agency and regulatory action, and legislative responsiveness as well as differential impacts related to debt, race and gender. The readings will come from law and non-law sources. The class will discuss issues relevant to the legal system and the study of business law and finance generally, including the use of data to illuminate legal problems, the role of lawyer and business actors, and the nature of modern policymaking.

 

Grading Basis: Graded

Methods of Evaluation
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 15-20 pages
  • Oral presentation
  • Class participation
Pre/Co-requisites
None

556.01

Second Amendment: History, Theory, and Practice 2 Joseph Blocher, Jake Charles Tu 10:30 AM-12:20 PM Site link LAW.556.01.F20@sakai.duke.edu

The Supreme Court's decisions in District of Columbia v. Heller and McDonald v. City of Chicago have ushered in a whole new era of Second Amendment theory, litigation, and politics. Current events keep issues of firearms, gun violence, gun safety, and self-defense constantly in the news. This seminar will explore the Second Amendment and the various state constitutional analogs historically, theoretically, and pragmatically. Students will be introduced to the historical and public policy materials surrounding the Second Amendment, the regulatory environment concerning firearms, and the political and legal issues pertaining to firearm rights-enforcement and policy design. Evaluation for the seminar will be based on eight short reaction papers and in-class participation.

556.01.Fall2020-syllabus.pdf170.51 KB

Methods of Evaluation
Pre/Co-requisites
None

558.01

Foreign Anti-Bribery Law 2 Rachel Brewster W 10:30 AM-12:20 PM Site link LAW.558.01.F20@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  two credit independent study.  A final paper cannot replace the critique papers.

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

558.01.Fall2020-syllabus.doc50.5 KB

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

558W.01

Foreign Anti-Bribery Law, Independent Study
HYBRID
2 Rachel Brewster Site link LAW.558W.01.F20@sakai.duke.edu

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

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

573.01

Shaping Law and Policy: Advocacy and the Affordable Care Act 2 Thomas Miller W 10:30 AM-12:20 PM Site link LAW.573.01.F20@sakai.duke.edu

This seminar will examine how legal advocacy shapes law and public policy at the federal level, with particular emphasis on the last decade of history under the Affordable Care Act (ACA). It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies to illustrate the legal community’s key levers in shaping recent health policy. Each weekly seminar will focus on one or two of the health policy issues addressed in the ACA, across its various stages of development and evolution. Topics will include the individual mandate, Medicaid expansion and waivers, insurance exchanges, insurance coverage requirements, insurer risk protections, and cost sharing reduction subsidies; as well as broader legal issues involving administrative rulemaking, constitutional rights, federalism, legislative history, standing, and severability, 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, or even switch roles, 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 offering a quick introduction to a host of contemporary issues in health law and policy. Because becoming an effective advocate first requires understanding 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. This fall’s class will adjust to online presentation by reducing potential weekly reading loads, previewing and summarizing key issues in each class session, pairing most weekly guest speakers to ensure better balanced viewpoints, and enhancing opportunities for offline engagement with the instructor. Relatively early selection of potential paper topics is advised.

573.01.Fall2020-syllabus.docx32.05 KB

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

581.01

FinTech Law and Policy 3 Lee Reiners Tu/Th 2:00 PM-3:25 PM Site link LAW.581.01.F20@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, central banks are considering launching their own digital currency, you can apply for a mortgage on your smartphone, and the Office of the Comptroller of the Currency 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, proposed a path for FinTech firms to become regulated banks. The course will also address the role FinTech has played during the pandemic; from FinTech lenders administering small business loans, to a Congressional proposal to administer stimulus payments through Federal Reserve digital wallets.  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.

Due to the pandemic, course content will be delivered online, but in person office hours will be held for those interested. Class participation will remain a required and graded component of the course. To help facilitate class participation, each student will be required to deliver a company profile presentation during the semester. In addition, each student, as part of a team, will deliver a presentation related to an assigned case study. Class participation will account for 40% of your grade and a final paper will make up the remaining 60%.

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 PM-8:55 PM Site link LAW.582.01.F20@sakai.duke.edu

This fall-only survey course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture related to the U.S. security enterprise.  The class will also examine related issues that arise "in the news."  It is aimed not only at students considering a career in government or the military, but also for those headed to private practice who appreciate that the U.S.’s $740 billion defense budget, along with $1.9 trillion in defense outlays worldwide, impact virtually all potential clients.

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

The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020) ISBN9781543806793.  Supplementary materials may be provided as necessary.  The instructors will use episodes from their extensive careers in government to illustrate issues, and offer practical, real-world perspectives.

Although the course will be taught online, we expect to offer in-person office hours and other small-group meetings on campus if possible (with virtual options for students who cannot attend). There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

We will have some synchronous whole-group meetings and some class time divided between sections.  The course is expected to include guest speakers (via Zoom).  There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

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

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

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 PM-3:50 PM Site link LAW.590.01.F20@sakai.duke.edu

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

Across these diverse contexts, the course focuses on how regulatory institutions deal with the challenges of risk assessment (technical expertise), risk perceptions (public concerns and values), priority-setting (which risks should be regulated most), risk management (including the debates over "precaution" versus benefit-cost analysis, and risk-risk tradeoffs such as countervailing harms and co-benefits), and ongoing evaluation.  It examines the rules and institutions for risk regulation, including the roles of legislative, executive, and judicial functions; oversight bodies (such as judicial review by courts, and executive review by US OMB/OIRA and the EU RSB); 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 (especially those of interest to the students in the course each year).  It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and how regulatory systems can learn to do better.

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

This course is cross-listed as ENV 733.01 and PUBPOL 891.01.  Graduate and professional students outside the Law School are welcome and should enroll via those course numbers.  (The Law School does not use “permission numbers.”)

590.01.Fall2020-syllabus.pdf934.7 KB

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

591.01

Development Finance 1 Manuel Sager Tu 8:35 AM-10:25 AM Site link LAW.591.01.F20@sakai.duke.edu

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 reconcile conflicting economic, social, and ecological objectives. 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 address critical views on Aid Effectiveness as well as issues of Policy Coherence for Development in developed countries.

Requirements for one credit:

- Two 3-page essays: the first to be submitted on or before September 7, 2020 (15% of final grade); the second to be submitted on or before October 15, 2020 (15% of final grade);

- One 10-page paper to be submitted on or before December 10, 2020 (40% of final grade);

- Active participation in class discussions (30% of final grade);

- There will be no final exam.

Requirements for a second credit (optional):

- One-on-one online (video) presentation to professor of approx. 25 minutes

- Topic proposed by student in the field of Development Finance

- Time of presentation between November 1st and 25th, 2020 (the exact date to be determined by student and professor)

- Written outline and bibliography of presentation to be submitted to professor no later than two days prior to presentation

- Grading: pass/fail

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 PM-6:45 PM Site link LAW.592.01.F20@sakai.duke.edu

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

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

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

NOTES ON COVID:
Coursework will be delivered entirely online. Nonetheless, the community that has always developed among the interdisciplinary participants (law, tech-ethics, public policy, etc.) of this course is one of its primary goals and benefits. As such:

  1. Online sessions will involve substantial participation in small breakout groups that allow for close collaboration on solving real-world problems;
  2. Participation in synchronous sessions on Wednesdays from 4:00 to 6:45pm ET will remain a significant % of the final grade assessment; and
  3. Supplementary, optional opportunities for in-person engagement—such as holding group office hours at the Law School of on a walk around the Washington Duke trail, conditions permitting—with equal opportunities for students who are remote.
Grading Basis: Graded

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

611.11

Readings: Transgender Issues 1 Ames Simmons Tu 10:55 AM-12:20 PM Site link LAW.611.11.F20@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.

This Readings section counts as a PIPS elective.

611.11.Fall2020-syllabus.docx17.37 KB

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

611.18

Readings: State Constitutionalism and Localism 1 Darrell A. H. Miller F 2:00 PM-3:50 PM Site link LAW.611.18.F20@sakai.duke.edu

This one-credit readings course will focus on the doctrinal and theoretical issues surrounding state constitutional law and localism. We will address issues such as interpretation of state constitutions; state constitutions as the source of both negative and positive rights; the "new preemption" of local government; the role of mayors and municipal government is setting public policy, political polarization and localism, and related topics. Class will meet every other week. Evaluation will be based on class participation and reflection papers. C/NC.

This Readings section counts as a PIPS elective.

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

611.22

Readings: Law & Violence 1 Joseph Blocher, Jake Charles TBD Site link LAW.611.22.F20@sakai.duke.edu

Law and governance are often conceptualized as a means of controlling violence. But law also channels, approves, and even inflicts violence. This reading group will explore some of the foundational thinking about the intersection of law, violence, and justice—particular topics include state-directed violence, the resistance of tyranny (including public and private racial oppression), management of private violence (including self-defense), and other issues suggested by student participants.

This Readings section counts as a PIPS elective.

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

611.23

Readings: Health Inequalities in the U.S. : Before, During, and After COVID 1 Barak D. Richman TBD Site link LAW.611.23.F20@sakai.duke.edu

Despite spending more per capita on healthcare than any other nation, the United States exhibits more health inequality—across class, race, and geography—than any other industrialized country.  The Covid pandemic has exacerbated many of these structural inequalities. This course will examine sources of structural inequality that are associated with propagating health disparities, inspect how these inequalities have shaped the Covid pandemic, and explore potential reforms that might mitigate inequality in a post-Covid world.

This Readings section counts as a PIPS elective.

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

611.24

Readings: Environmental Justice 1 Michele Okoh TBD Site link LAW.611.24.F20@sakai.duke.edu

Some populations in this country, particularly low-income communities and communities of color, experience disproportionate environmental burdens and enjoy fewer environmental amenities. These communities are described as suffering from a lack of ‘environmental justice.’  This readings course will focus on both environmental justice and environmental injustice, and consider advocacy options for achieving equity.  Through readings and discussions, students will explore the importance of collective responsibility and community-driven efforts to pursue environmental justice. A central tenet of this course is that environmental justice is achievable through the remedying of systemic and structural conditions, including racism and privilege, that lead to inequity.

This Readings section counts as a PIPS elective.

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

611.25

Readings: Race and Immigration

HYBRID *Meets first 10 weeks of the semester

1 Kate Evans, Shane Ellison F 2:00 PM-3:15 PM Site link LAW.611.25.F20@sakai.duke.edu

This Readings Course will examine the role race has played since the birth of the nation in driving immigration policy both in terms of who is permitted to enter the United States and who is targeted through enforcement.  Topics will include the Chinese Exclusion Act, the country quota system, Japanese internment, the Bracero program, post-9/11 registration, expansion of immigration enforcement through the criminal justice system, DACA recission, the Travel Bans, border policy, and the narratives constructed around Latinx, Black, Asian, and White immigration. We will analyze the response to these policies by Congress, the courts, and the public. Students will be required to engage with written and other documentary material through drafting regular blog posts, commenting on other student’s posts, and a final reflection paper.

This Readings section counts as a PIPS elective.

Class will meet for the first ten weeks.

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

611.26

Readings: The Financial Policy Response to Covid 19

HYBRID *Class will meet 5 times

0.5 Lee Reiners Th 7:00 PM-8:15 PM Site link LAW.611.26.F20@sakai.duke.edu

The coronavirus pandemic upended American capitalism and forced the Federal Reserve (Fed) and central banks around the word to take drastic steps to keep money flowing throughout the financial system. The Fed dusted off its 2007-09 financial crisis playbook and expanded it with unprecedented lending facilities that target corporate America directly. What is the purpose of these programs, how do they work, and what tools remain in the Federal Reserve's toolbox to help aid the economy during these unprecedented times? This  half-credit reading course will attempt to answer these questions. The course will meet in-person, with an online option for those who cannot attend physically, on Thursdays at 7pm. Students will be evaluated based upon class participation and a short writing assignment due at the end of the course.

Class will meet 5 times throughout the semester for 75 minutes each class.

This Readings section counts as a PIPS elective.

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

611.27

Readings: Current Topics in Law and Finance

HYBRID

0.5 Elisabeth D. de Fontenay F 2:00 PM-3:30 PM Site link LAW.611.27.F20@sakai.duke.edu

This readings course will use current articles in the financial press as a jumping-off point for deeper explorations of issues at the intersection of law and corporate finance.  Students will take the lead in selecting both the topics and readings, with guidance from the instructor.  The goal is to sample relevant readings from a wide range of sources, including law and finance scholarship, government reports, court cases, first-hand accounts from market participants, etc.  No prior coursework or experience in this area is required for students wishing to enroll in the course.

This Readings section may count as an LLM-LE elective.

This Readings section counts as a PIPS elective.

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

611.28

Readings: Bankruptcy in the Time of COVID-19

HYBRID

0.5 Jonathan Seymour W 7:00 PM-8:30 PM Unavailable Requires available Sakai site

This readings course will examine selected topics in bankruptcy law and policy, focusing on bankruptcy law's response to the coronavirus crisis.  The pandemic has already lead to a sharp acceleration in business bankruptcy filings, and analysts warn of a coming wave of consumer bankruptcy cases.  How should the bankruptcy system deal with these cases?  Can bankruptcy law effectively address the economic fallout from the pandemic?

This course will be evaluated on a CR/NC basis.  Students will be awarded credit based on class participation and three short reflection papers addressing the assigned readings. 

Class will meet 4 times for 90 minutes each class meeting.

This Readings section counts as a PIPS elective.

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

611.29

Readings: Corporate Social Responsibility and Social Entrepreneurship

HYBRID

1 Ofer Eldar W 7:00 to 8:50 PM Unavailable Requires available Sakai site

In recent years, there has been growing pressure on profit-seeking corporations to pursue social goals. In light of the pandemic, social inequalities, and growing concerns about climate change, this trend will likely increase. This reading group will survey the different legal mechanisms for combining profit and social missions, including the recent IPO of the special benefit corporation, Lemonade, California’s law requiring the appointment of women to corporate boards, and Opportunity Zone funds, the recent government program for increasing investment in low-income communities. The inquiry will focus on what types of structures best align investors’ interest in profit-making with different social purposes.

This Readings section may count as an LLM-LE elective.

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

611.30

Readings: Sentencing and Punishment

*Tentative Dates: 9/2; 9/16; 9/30; 10/14; 10/28; and 11/11

1 Judge James C. Dever III W 6:00 PM-8:00 PM Unavailable Requires available Sakai site

This one-credit readings course explores sentencing and punishment.  The class will meet six times on Wednesday evenings from 6:00 p.m. to 8:00 p.m.  The tentative class schedule is September 2, 16, and 30, October 14 and 28, and November 11.  The readings will provide perspectives on sentencing and punishment, including the perspectives of defendants, prosecutors, defense attorneys, victims, and probation officers.  The readings will examine guideline and nonguideline sentencing schemes and other sentencing topics.  Students will prepare brief two-page reflection  papers and participate in class discussion.  Grading will be on a credit/no credit basis. For 3Ls with a deeper interest in this topic, Judge Dever will consider supervising independent study projects, including those with structured Substantial Research and Writing Project requirements.  Any such paper will be no longer than 25 pages and is due no later than December 21, 2020. 

This Readings section counts as a PIPS elective.

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

611.31

Readings: Contemporary Corporate and Securities Law Issues

HYBRID

0.5 James D. Cox 2:00 PM-2:45 PM F Site link LAW.611.31.F20@sakai.duke.edu

Each of the eight sessions will meet for 45 minutes to discuss a circulated set of materials focused on an emerging legal issue in the field of corporate or securities law. There is no prerequisite that you have been previously enrolled in either of those classes in law school.  Readings for each class will be approximately 10-15 pages. The award of credit will be based on equal weighting of class participation and a memo addressed to a policy maker briefing him/her on the reasons for the position you recommend the policy maker take in the new regulatory administration regarding the issue raised in the circulated readings.

This Readings section may count as an LLM-LE elective.

This Readings section counts as a PIPS elective.

611.31.Fall2020-syllabus.docx12.87 KB

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

611.32

Readings: Mobilizing for Justice: Using International Human Rights Courts to Achieve Legal and Social Change 0.5 Laurence R. Helfer Th 7:00 PM-8:00 PM Site link LAW.611.32.F20@sakai.duke.edu

Description:  This .5 credit credit/no credit readings course will discuss three recently-published books that analyze why, when, and how civil society groups choose to litigate cases before international human rights courts as a way to promote legal and social change.  The focus will be on advocacy strategies before two regional human rights tribunals—the European Court of Human Rights and the Inter-American Court of Human Rights—and the extent to which the judgments of these courts have led governments in each region to improve their human rights practices. 

Prerequisites:  Completion of one or more courses relating to international law, international human rights, and/or international adjudication, or by permission of instructor.

Requirements

  • Read and be prepared to discuss excerpts of the following three books, all of which are available for download from the Duke library catalogue:
    • Heidi Nichols Haddad, The Hidden Hands of Justice: NGOs, Human Rights, and International Courts (2018)
    • Lisa Sundstrom and Valerie Sperling, Courting Gender Justice: Russia, Turkey, and the European Court of Human Rights (2019)
    • Jillienne Haglund, Regional Courts, Domestic Politics, and the Struggle for Human Rights
  • Attend six class meetings on Thursdays from 7PM to 8 PM on dates to be determined.  We will read approximately half of the except assigned for each book for each class.  Whether the class will meet in person or on Zoom is to be determined.
  • For one class meeting, prepare at least three (3) questions based on the assigned readings to be circulated to all participants at least one day in advance.  These questions should critically engage with the author’s arguments, identify strengths and weaknesses, and suggest alternative explanations for the phenomena the described in the book.

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

611AB.01

Readings in the Ethical Issues of the Practice of National Security Law

HYBRID *Year-Long Course

0.5 Charles J. Dunlap, Jr. TBD Site link LAW.611A.01.F20@sakai.duke.edu

This seminar is a one-credit, pass-fail seminar that will meet at least six times over the course of the 2020–2021 academic year. It will be presented in-person on the Law School campus if possible (with virtual options for students who cannot attend).    

The seminar is designed for those with an interest in U.S. national security law practice issues, and especially students with little or no background in the area.  It will introduce some of the ethical issues confronting young lawyers as they try to navigate today's national security environment, either as a military or civilian attorney practicing in the U.S. government, 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 (or may not) 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.

The instructor will use episodes from his more than 34 years as a military lawyer to illustrate issues, and offer practical advice.

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. During the 2020–2021 academic year the seminar will place special emphasis on the challenges occasioned by the integration of artificial intelligence into the national security enterprise.

Students are required to read three books for discussion: Paul Scharre’s Army of None: Autonomous Weapons and the Future of War; Burn-In: A Novel of the Real Robotic Revolution, and Call Sign Chaos: Learning to Lead.

The meetings for the fall of 2020 will take place from 3:30 p.m. to 5:30 p.m. on the Sunday afternoons of September 20th and October 4th.  The session on October 25th will go from 3:30 p.m. to 6:30 p.m. as we will show the movie, Eye in the Sky, and have a discussion about it.  The dates for the spring of 2021 will be January 24th, February 21st and March 7th.  All dates are subject to change. 

If Law School rules permit, it is hoped that the spring sessions of the seminar will take place at Maj. Gen. Dunlap’s home (about ten minutes from the Law School), with Mrs. Dunlap being the hostess.  At in-person meetings, refreshments and snacks will be served so long as allowed by the rules prevailing at the time.

Methods of Evaluation
Pre/Co-requisites
None

611AB.02

Readings: Judicial Biography

HYBRID *Year-Long Course

0.5 Thomas B. Metzloff TBD Unavailable Requires available Sakai site

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

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

Methods of Evaluation
Pre/Co-requisites
None

621.01

Externship Anne Gordon Site link LAW.621.01.F20@sakai.duke.edu

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

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

Variable credit. With permission only.

Methods of Evaluation
Pre/Co-requisites
None

621S.01

Externship Seminar 1 Anne Gordon Tu 7:00 PM-8:00 PM Site link LAW.621S.01.F20@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 Lee Miller Tu 10:30 AM-12:20 PM Unavailable Requires available Sakai site

“Food,” “agriculture,” and the “environment” are distinct American mythologies tied to our most basic physical needs and imbued with our most significant cultural meanings. They are also irrevocably entwined. Most of us eat at least three times a day and, unless you are in extraordinary circumstances, those meals were produced within our national—and increasingly global—food and agriculture system. And it’s a system that causes startling environmental harms; think water and air pollution, pesticides, greenhouse gases, non-human animal welfare, deforestation, soil depletion, wetlands destruction, fisheries collapse, and on and on. Yet notions of “agricultural exceptionalism” exempt agriculture from many of our nation’s environmental laws.

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

This course will survey how law and policy helped create and perpetuate the interrelated social, economic and environmental iniquities of our modern food and agriculture system. More optimistically, we will study how law and policy can address systemic issues and move us toward values of equity and environmental justice, conservation, restoration, community health and economic sustainability. And if you read Omnivore’s Dilemma and want to learn what the Farm Bill actually does, this is your chance.

Course format and expectations: The course will take place entirely online. Students will be expected to stay up on all readings, participate in weekly discussion boards, prepare several small presentations and written assignments throughout the semester, and engage in the “live” seminar each week. As a final assignment, each student will write a 10-15 page law or policy paper on a topic that they will develop in consultation with the rest of the class and the instructor. For students in the Durham area, there will be an additional, optional opportunity to visit a local farm (University policy permitting).

 

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

642.01

Appellate Externship with Federal Defenders 3 Sean E. Andrussier W 7:30 PM - 8:30 PM Site link LAW.642.01.F20@sakai.duke.edu

*Note: Only offered 2020-2021*  

This externship is limited to 3L students.  This appellate externship will provide an opportunity to work with appellate lawyers at one or more Federal Public Defender offices operating in different judicial districts within in the Fourth Circuit.  (By federal statute, federal public defender organizations are federal entities, and their staffs are federal employees.  These offices exist to provide legal assistance to people facing federal criminal charges or convicted of federal crimes but who are unable to afford counsel.  These offices litigate against U.S. Attorney offices in their respective districts, and so the United States is an opposing party.)  Appellate work principally entails research and writing, and so the appellate lawyers involved in this externship are responsible for briefing and orally arguing federal criminal appeals to U.S. Court of Appeals for the Fourth Circuit.  They also may be involved with some matters before the appeal stage, for purposes of providing guidance on substantive law, strategic input, and drafting to preserve issues for appeal.  Appellate lawyers in these offices may also be involved with some post-conviction motions under 28 U.S.C. 2255, compassionate release filings, and filings under the First Step Act.  This is an integrated externship; this means that, aside from the field work with the appellate lawyers, the course has a weekly seminar component, which will be led by Prof. Andrussier.  Outside of that seminar, Prof. Andrussier will also meet individually with each student regularly to discuss the externship and student reflections.

Students will be expected to complete a minimum of 100 hours of field work to receive credit for the externship portion of the course. 

Methods of Evaluation
  • Reflective Writing
  • Live-client representation and case management
  • Other
Pre/Co-requisites
None

722.01

International Business Law 3 Rachel Brewster Tu/Th 2:00 PM-3:25 PM Site link LAW.722.01.F20@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.

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

774.01

Taboo Trades & Forbidden Exchanges 2 Kimberly D. Krawiec Tu 10:30 AM-12:20 PM Site link LAW.774.01.F20@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

775.01

Corporate Ethics 1 J. Scott Merrell M 6:00 PM-7:50 PM Site link LAW.775.01.F20@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 TBD Unavailable Requires available Sakai site

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

781.01

Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3 Jennifer Jenkins M/W 2:00 PM-3:25 PM Site link LAW.781.01.F20@sakai.duke.edu

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

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

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

There are no pre-requisites for this course.

786.01

Media Law 3 Nicole Ligon M/W 4:00 PM-5:25 PM Site link LAW.786.01.F20@sakai.duke.edu

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

Methods of Evaluation
  • Simulated Writing, Litigation
  • Take-home examination
  • Practical exercises
  • Class participation
Pre/Co-requisites

This class can serve as a pre- or co-requisite for enrollment in the First Amendment Clinic.

789.01

Writing: Federal Litigation 2 Sarah C. W. Baker Tu 10:30 AM-12:20 PM Site link LAW.789.01.F20@sakai.duke.edu

Persuasive writing is integral to almost all aspects of civil litigation.  This two-credit hour advanced experiential course will allow you to deepen your understanding of legal research while honing your written and oral advocacy skills.  Using a simulated case, you will plan litigation strategy by interviewing a client, preparing a factual chronology of the case, and analyzing the merits of the claims.  Finally, you will draft a motion for summary judgment and supporting memorandum of law. For Fall 2020, Prof. Baker’s course will be offered virtually, with some opportunities for in-person interaction, such as office hours or conferences. The class offers numerous opportunities for peer interaction and review of work (virtually), as well as numerous opportunities for professor feedback on work.  

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

789.02

Writing: Federal Litigation 2 Melissa Hanson M 10:30 AM-12:20 PM Site link LAW.789.02.F20@sakai.duke.edu

Persuasive writing is integral to almost all aspects of civil litigation.  This two-credit hour advanced experiential course will allow you to deepen your understanding of legal research while honing your written and oral advocacy skills.  Using a simulated case, you will plan litigation strategy by interviewing a client, preparing a factual chronology of the case, and analyzing the merits of the claims.  You will also practice drafting and responding to discovery requests and preparing to take and defend depositions.  Finally, you will draft a motion for summary judgment and supporting memorandum of law and argue the merits of the motion in a mock oral argument. 

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