Spring 2020 Class Schedule

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

101.01

Foundations of Law 1 James Boyle Tu 10:55-12:20 PM 3041 Site link LAW.101.01.Sp20@sakai.duke.edu

This year-long, signature course exposes all first year students to foundational legal concepts, themes and issues in the study of law. This is a one credit course.

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

101.02

Foundations of Law 1 James Boyle Tu 2-3:25 PM 3041 Site link LAW.101.02.Sp20@sakai.duke.edu

This year-long, signature course exposes all first year students to foundational legal concepts, themes and issues in the study of law. This is a one credit course.

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

120.02

Constitutional Law

*Small Sections 2 & 5

4.5 H. Jefferson Powell MWTh 9:20-10:45 3037 Site link LAW.120.02.Sp20@sakai.duke.edu

An examination of the distribution of and limitations upon governmental authority under the Constitution of the United States. Included are study of the doctrine of judicial review of legislative and executive action, the powers of Congress and the President, the limitations on state governmental powers resulting from the existence or exercise of congressional power, and judicial protection against the exercise of governmental power in violation of rights, liberties, privileges, or immunities conferred by the Constitution.

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

120.03

Constitutional Law

*Small Sections 3 & 4

4.5 Neil S. Siegel MWTh 10:55-12:20 3043 Site link LAW.120.03.Sp20@sakai.duke.edu

An examination of the distribution of and limitations upon governmental authority under the Constitution of the United States. Included are study of the doctrine of judicial review of legislative and executive action, the powers of Congress and the President, the limitations on state governmental powers resulting from the existence or exercise of congressional power, and judicial protection against the exercise of governmental power in violation of rights, liberties, privileges, or immunities conferred by the Constitution.

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

120.04

Constitutional Law

*Small Sections 1 & 6

4.5 Ernest A. Young MWTh 10:55-12:20 3037 Site link LAW.120.04.Sp20@sakai.duke.edu

An examination of the distribution of and limitations upon governmental authority under the Constitution of the United States. Included are study of the doctrine of judicial review of legislative and executive action, the powers of Congress and the President, the limitations on state governmental powers resulting from the existence or exercise of congressional power, and judicial protection against the exercise of governmental power in violation of rights, liberties, privileges, or immunities conferred by the Constitution.

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

140.03

Criminal Law

*Small Sections 1 & 6

4.5 Samuel W. Buell MWTh 9:20-10:45 3043 Site link LAW.140.03.Sp20@sakai.duke.edu

An introductory study of the law of crimes and the administration of criminal justice. One of the purposes of this course is to introduce the students to the nature of social control mechanisms and the role of law in a civilized society.

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

140.04

Criminal Law

*Small Sections 2 & 5

4.5 James E. Coleman, Jr. MTuWTh 8:05AM - 9:10AM 3043 Site link LAW.140.04.Sp20@sakai.duke.edu

An introductory study of the law of crimes and the administration of criminal justice. One of the purposes of this course is to introduce the students to the nature of social control mechanisms and the role of law in a civilized society.

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

160AB.01

Legal Analysis, Research & Writing 4 Casandra L. Thomson, Jane Bahnson Tu/F 9:30-10:40 AM 3037 Site link LAW.160B.01.Sp20@sakai.duke.edu

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

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

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

160AB.02

Legal Analysis, Research & Writing 4 Melissa Hanson, Michael McArthur Tu/F 11:00-12:10 PM 4045 Site link LAW.160B.02.Sp20@sakai.duke.edu

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

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

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

160AB.03

Legal Analysis, Research & Writing 4 Jeremy Mullem, Deanne Morgan Tu/F 11:00-12:10 PM 3043 Site link LAW.160B.03.Sp20@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 Jeremy Mullem, Deanne Morgan Tu/F 9:30-10:40 AM 3043 Site link LAW.160B.04.Sp20 @sakai.duke.edu

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

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

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

160AB.05

Legal Analysis, Research & Writing 4 Jo Ann Ragazzo, Wickliffe Shreve Tu/F 11:00-12:10 PM 3037 Site link LAW.160B.05.Sp20 @sakai.duke.edu

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

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

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

160AB.06

Legal Analysis, Research & Writing 4 Rebecca Rich, Casandra Laskowski Tu/F 9:30-10:40 AM 4045 Site link LAW.160B.06.Sp20@sakai.duke.edu

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

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

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

160AB.07

Legal Analysis, Research & Writing 4 Kendall Gray, Rachel Gordon Tu/F 9:30-10:40 AM 4042 Site link LAW.160B.07.Sp20 @sakai.duke.edu

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

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

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

160AB.08

Legal Analysis, Research & Writing 4 Sarah C. W. Baker, Laura M. Scott Tu/F 11:00-12:10 PM 4055 Site link LAW.160B.08.Sp20@sakai.duke.edu

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

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

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

170.01

Property

*Small Sections 5 & 6
*Class time has changed

4.5 Kathryn Webb Bradley MWTh 2:00-3:25 pm* 3037 Site link LAW.170.01.Sp20@sakai.duke.edu

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

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

170.02

Property

*Small Sections 1 & 4

4.5 Christopher H. Schroeder MWTh 3:35-5 pm 3043 Site link LAW.170.02.Sp20@sakai.duke.edu

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

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

170.03

Property

Small Sections 2 & 3

4.5 Jonathan B. Wiener MWTh 2-3:25 pm 3037 Site link LAW.170.03.Sp20@sakai.duke.edu

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

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

180.04

Torts

*Small Sections 3 & 4

4.5 Deborah A. DeMott M-Th 8:05-9:10 am 3037 Site link LAW.180.04.Sp20@sakai.duke.edu

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

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

200.02

Administrative Law 3 Stuart M. Benjamin TuTh 10:55AM - 12:20PM 4042 Site link LAW.200.02.Sp20@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

206.01

International Arbitration

*Class meets Jan 10, Jan 24, Jan 31, Feb 14, Feb 28, Mar 20, Mar 27

2 Ryan Mellske F 12:50PM - 4:30PM 4055 Site link LAW.206.01.Sp20@sakai.duke.edu

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through arbitration. This course introduces students to the law and practice of international arbitration. Among other things, the course will consider the formation and enforcement of arbitration agreements; the conduct of arbitral proceedings; the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; the strategic issues that arise in the course of international arbitration proceedings; and the practical benefits (and disadvantages) of arbitration.

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

207.01

Sports and the Law 3 Paul H. Haagen TuTh 4:00PM - 5:25PM 3041 Site link LAW.207.01.Sp20@sakai.duke.edu

Sports occupies a central place in modern society. It constitutes a significant sector in the economy and an important form of cultural expression. This course examines the legal relations among the various parties in sports at both the professional and amateur levels. Particular attention will be given to the importance given to the maintenance of competitive balance and its impact on traditional notions of competition that apply in other business settings. Contracts law, antitrust law, and labor law provide the essential core for the investigation of issues in this course. In addition, this course seeks to provide an informed perspective on the financial and business structures that define the industry.

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

210.02

Business Associations 4 James D. Cox MWTh 11-12:15PM 3041 Site link LAW.210.02.Sp20@sakai.duke.edu

This course surveys the law providing ground rules for the organization, internal governance, and financing of corporations and other forms of business associations such as partnerships and limited liability companies. Topics include limited liability, fiduciary duties, shareholder voting, derivative suits, control transactions, mergers and acquisitions, public contests, and trading. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on business associations, among others.

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

215.01

Commercial Transactions 4 John C. Weistart MW 4:00PM - 5:50PM 4047 Site link LAW.215.01.Sp20@sakai.duke.edu

A study of basic policy choices made in the structuring of the law governing consumer and commercial transactions. The course serves as an overview of the role of debt in US society, especially consumer debt. This course looks at common debt arrangements, bankruptcy, and secured lending, both for personal property and for real property (mortgages). Particular attention is given to the lessons learned, and not learned, in the recent mortgage crisis. The course weaves discussions of major policy issues on excessive consumer and student debt with the substantive rules that define how debt arrangements are structured and then resolved, as in bankruptcy. Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law.

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

220.01

Conflict of Laws 3 Stephen E. Sachs MW 10:55AM - 12:20PM 3210 Site link law.220.01.sp20@sakai.duke.edu

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

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

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

225.01

Criminal Procedure: Adjudication 3 Judge James C. Dever III TuTh 6:00PM - 7:25PM 4042 Site link LAW.225.01.Sp20@sakai.duke.edu

A study of the basic rules of criminal procedure, beginning with the institution of formal proceedings. Subjects to be covered include prosecutorial discretion, the preliminary hearing, the grand jury, criminal discovery, guilty pleas and plea bargaining, jury selection, pretrial publicity, double jeopardy, the right to counsel, and professional ethics in criminal cases.

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

226.01

Criminal Procedure: Investigation

*Note: Up to 10 seats reserved for approved 2L JDs

3 Lisa Kern Griffin MW 2-3:25 pm 4047 Site link LAW.226.01.Sp20@sakai.duke.edu

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

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

232.01

Employment Discrimination 3 Trina Jones TuTh 10:55AM - 12:20PM 4000 Site link LAW.232.01.Sp20@sakai.duke.edu

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

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

236.01

International Human Rights 2 Laurence R. Helfer W 2:00PM - 3:50PM 4172 Site link LAW.236.01.Sp20@sakai.duke.edu

This course critically assesses the international and domestic laws, institutions, and legal and political theories that relate to protecting the fundamental liberties of all human beings. The course emphasizes (1) specific "hot button" topics within international human rights law, such as extraordinary renditions, hate speech, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies that interpret and implement human rights; and (3) the public and private actors who commit rights violations and who seek redress for individuals whose rights have been violated. Course requirements include a final exam, a negotiation exercise, and student participation in class discussions.

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

238.02

Ethics and the Law of Lawyering 2 Amanda Schwoerke F 10:30AM - 12:20PM 4047 Site link LAW.238.02.Sp20@sakai.duke.edu

This course examines in detail the "law of lawyering" relating to such issues as the formation of the attorney-client relationship, confidentiality, communications with clients, conflicts of interest, regulation and discipline of attorneys, and numerous other areas relating to the lawyer's role in American society. In addressing these issues, we will consider the extent to which the law governing lawyers derives from the concept of a learned profession, as well as the degree to which the ethics of lawyering may differ from personal ethics and morality. While particular attention will be paid to the ABA Model Rules of Professional Conduct, the class will also examine other sources of relevant law, including the Restatement (Third) of the Law Governing Lawyers, court decisions, statutory rules, and administrative regulations.

 

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

239.01

Ethics and the Law of Lawyering in Civil Litigation 2 Marilyn Forbes Phillips Th 2:00-3:50PM 3041 Site link LAW.239.01.Sp20@sakai.duke.edu

This course examines the principles of legal ethics and professionalism. Our focus will be on identifying and responding to the key issues faced by a civil litigator, and on the model rules of professional conduct, case law, and ethics opinions that a lawyer must consider in resolving such issues. Topics include the formation and termination of the attorney client relationship, conflicts of interest, and communications with the court and opposing counsel through the discovery and trial process. We will examine the balancing of the duty of advocacy with the duty to the administration of justice. We will also explore issues such as admissions, discipline, and common law firm associate dilemmas such as billing and changing law firms. During the semester, students will prepare two short (3-5 pp) memoranda. There will also be an open book in-class exam at the end of the semester.

239.01.Spring2020-syllabus.docx33.85 KB

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

245.01

Evidence 4 Donald H. Beskind MWTh 2:00PM - 3:15PM 3043 Site link LAW.245.01.Sp20@sakai.duke.edu

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

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

255.01

Federal Income Taxation 4 Richard L. Schmalbeck MWTh 11:00AM - 12:20PM 4045 Site link LAW.255.01.Sp20@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

270.02

Intellectual Property 4 James Boyle MWTh 4-5:25 pm 4045 Site link LAW.270.02.Sp20@sakai.duke.edu

A comprehensive introduction to the principal theories of trademark law and unfair competition, copyright law, patent law, and related state and federal doctrines.

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

275.01

International Law 3 Laurence R. Helfer MW 10:55AM - 12:20PM 4000 Site link LAW.275.01.Sp20@sakai.duke.edu

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

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

288.01

Consumer Bankruptcy & Debt 2 Sara Sternberg Greene W 10:30AM - 12:20PM 4046 Site link LAW.288.01.Sp20@sakai.duke.edu

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

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

290.01

Remedies 3 Marin K. Levy MW 9:20 - 10:45AM 4000 Site link LAW.290.01.Sp20@sakai.duke.edu

This course examines the powers and limits of the law to right those who have been wronged. We will cover different forms of remedies—including money damages, injunctions, and declaratory judgments. We will also explore ancillary remedies or enforcement mechanisms, such as the power of courts to hold parties in contempt. The course spans both private and public law contexts, with specific case studies ranging from school desegregation to the September 11th Victim Compensation Fund. Ultimately, the goal of the course is to provide an understanding of how the law responds to transgressions of substantive law, and also to provide a richer account of the power of our legal institutions more generally.

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

295.01

Trusts and Estates 3 Doriane Lambelet Coleman MW 10:55AM - 12:20PM 4042 Site link LAW.295.01.Sp20@sakai.duke.edu

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

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

302.01

Appeals

*New*

2 Marin K. Levy Tu 10:30AM - 12:20PM 4044 Site link LAW.302.01.Sp20@sakai.duke.edu

This course will examine the practices and powers of American appellate courts, with a particular emphasis on the federal courts of appeals.  Our discussion will focus on the goals of these institutions and the extent to which individual components of the appellate decision-making process—including oral argument and opinion-writing—further those goals.

We will begin with an overview of the function of appellate courts—why they were created and what we expect of them today.  We will then move to the specific components of appellate adjudication, including mediation, briefing, oral argument, and judgment, as well as the personnel who contribute to the adjudication process.  Finally, we will consider the ways in which the appellate courts have been affected by an increasing caseload, and proposals for alleviating the strain on the courts.

Ultimately, the goal of the course is to expose you to how appellate courts operate and the purported goals of these institutions.  Over the course of the semester, you should also be evaluating what you think are the fundamental objectives of appellate review and whether the current structure of the courts allows them to meet those goals.

Evaluation in the course will be based on a final research paper, which may be used to satisfy the SRWP.

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

306.01

Corporate Crime 4 Samuel W. Buell MWTh 2-3:15 pm 4045 Site link LAW.306.01.Sp20@sakai.duke.edu

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

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

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

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

311.01

Election Law 3 Guy-Uriel Charles TuTh 2-3:25 pm 4047 Site link LAW.311.01.Sp20@sakai.duke.edu

This course will explore selected topics in Law and Politics of American Democracy. We will examine the way the law and other forces have shaped the structure of American political participation, and we will consider alternative directions American democracy might take. Time permitting, we will focus on the right to vote, racial and political gerrymandering, campaign finance, political parties, ballot access, reapportionment/redistricting, and the Voting Rights Act.

Methods of Evaluation
  • Reflective Writing
  • Research paper, 25+ pages
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

312.01

Cybercrime

*New*

2 Shane Stansbury Th 4:00 - 5:50PM 4055 Unavailable Requires available Sakai site

The course will survey the legal issues raised by cyber-related crime. The bulk of the course will be organized around two overarching themes: (1) substantive criminal law (i.e., the scope, structure, and limitations of the criminal laws that reach cyber-related crime); and (2) criminal procedure (i.e., the scope, structure, and limitations of the privacy laws and constitutional principles that regulate law enforcement investigations of cyber-related crime).  Along the way, we will also consider topics that frequently arise in cyber-related investigations and prosecutions, such as:  jurisdictional issues (e.g., federal/state dynamics and international cooperation in collecting evidence); national security considerations (e.g., state-sponsored intrusions and IP theft, terrorists’ use of the internet, government surveillance); and encryption.  We will make regular use of contemporary case studies, including several drawn from my own experience in the national security arena.  We will also examine threats that pose particularly difficult legal and policy challenges, such as foreign interference in U.S. elections and misinformation.

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

313.01

Judicial Decisionmaking 3 Margaret H. Lemos MW 9:20 - 10:45AM 4047 Site link LAW.313.01.Sp20@sakai.duke.edu

What decides legal cases? One obvious answer is: the law. Judges apply the law to the facts of a case and an answer presents itself. This simple understanding of how law and the judicial process work may be true in many cases, but it is not true in all of them. Social scientists have sought to explain judicial decisionmaking by reference to a variety of non-legal factors, including judges' personal characteristics, their caseloads, and their relationships with each other. The social scientific study of courts raises a host of interesting questions.

For example, on a multi-member court like the Supreme Court, does it matter which Justice is assigned to write the opinion, or will the majority (or the whole Court) bargain to the same outcome anyway? If opinion assignment matters to outcomes, how might judges' choices about the division of labor influence the content of the law? How do higher courts ensure that lower courts comply with their decisions? Does the need to police lower courts alter legal doctrine, giving us more bright line rules and fewer fuzzy standards? Similarly, does the fact that certain groups, like the Chamber of Commerce, are repeat players, affect the outcome of cases? Does it affect doctrine? Finally, does it matter who is under the robes? Does the ideology of the judge, or her race or gender, matter to the outcome of cases? (Which cases?) If so, is it possible to predict how judicial characteristics will shape the law? Should our answers to these questions affect how we choose judges?

This course that will examine these questions and many like them. In law schools, these sorts of questions get limited attention: our focus is primarily on the legal doctrine or rules themselves. Social scientists take a very different approach, studying the behavior of judges rather than legal doctrine and trying to understand what accounts for judicial outcomes and the shape of legal institutions. This course will marry the social science literature and the questions it raises to a set of normative problems within the law itself.

 

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

315.01

Complex Civil Litigation 3 David W. Ichel F 9:00AM - 12:30PM 4049 Site link LAW.315.01.Sp20@sakai.duke.edu

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

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

317.01

Criminal Justice Ethics 2 S. Hannah Demeritt Th 10:30 - 12:20PM 4055 Site link LAW.317.01.Sp20@sakai.duke.edu

The Criminal Justice Ethics course is centered on the law governing lawyers operating in the criminal justice system. It explores some of the critical issues facing lawyers in the roles of defense counsel, prosecutor, judge, etc., and includes several guest speakers and visits to a prison and courthouse. Case studies and problems are drawn from North Carolina cases, including some of the Duke Wrongful Conviction Clinic's cases of actual innocence.

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

320.01

Water Resources Law 2 Ryke Longest Th 2-3:50 pm 4055 Site link LAW.320.01.Sp20@sakai.duke.edu

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

 

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

321.01

The Law and Policy of Innovation: the Life Sciences 3 Arti K. Rai MW 9:20-10:45 am 4045 Site link LAW.321.01.Sp20@sakai.duke.edu

This course analyzes the legal and policy regimes that shape the introduction of new products, processes, and services in the life science industries. Innovation in biopharmaceuticals, medical devices, health services, and health care delivery is central to the heavily regulated life sciences sector, and thus the sector offers a window into multiple intersections of scientific innovation, regulatory policy, and law.  Innovation in this sector is also shaped by multiple bodies of law (e.g. intellectual property law, FDA law, federal and state-based insurance and professional regulation, antitrust, tax), each with its own private and public constituencies, and therefore offers an opportunity to assess how different bodies of law approach the common issue of innovation.  Although this course focuses on innovation in the life science industries, this focus will produce lessons for innovation policy in other regulated and less-regulated industries. 

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

323.01

Bankruptcy and Corporate Reorganization 2 Steven L. Schwarcz Th 4:00PM - 5:50PM 4047 Site link LAW.323.01.Sp20@sakai.duke.edu

The course will focus on the process by which a corporate debtor achieves reorganization pursuant to the provisions of Chapter 11 of the Bankruptcy Code. Prior familiarity with bankruptcy principles and debtor-creditor law is not required. These will be incorporated in the course as it unfolds. Some familiarity with business organization is helpful but not necessary.

The subject will be covered primarily from two perspectives: that of supervision of a debtor by the bankruptcy court and that of the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its ability to secure a fresh start through a plan of reorganization.


Topics to be covered include: historical, Constitutional, and policy issues underlying Chapter 11's provisions and goals; overview of basic business structures and transactions bearing on Chapter 11 reorganization; alternatives to avoid Chapter 11; the powers and oversight role of the bankruptcy court and the obligations and governance of a corporate debtor when under the protection of the bankruptcy court; the major phases of a Chapter 11 case from initial filing to consummation of a plan of reorganization (e.g., formulation of a business plan and the plan of reorganization, claims procedures and classification, plan disclosure and voting, plan confirmation, discharge, and consummation); recovery and disposition of assets in Chapter 11, including asset sales, and avoidance remedies; and numerous special topics encountered in Chapter 11 practice.

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

324.401

Corporate Restructuring

*Fuqua Spring 2

3 John Buley MTh 12:30PM - 2:45PM Unavailable Requires available Sakai site

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

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

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

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

324.402

Corporate Restructuring

*Fuqua Spring 2

3 John Buley MTh 3:00PM - 5:15PM Unavailable Requires available Sakai site

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

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

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

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

325.01

Corporate Finance 3 Elisabeth D. de Fontenay MW 2:00PM - 3:25PM 3041 Site link LAW.325.01.Sp20@sakai.duke.edu

This course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has blurred. Whether negotiating a merger agreement, acquisition, or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side-by-side. Lawyers without an appreciation of the basics of corporate finance are at a distinct disadvantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages. Even students who do not plan to venture into the corporate world will benefit from this course. The financial principles covered are essential for lawyers intending to do estate or tax planning, litigate divorces, or draft the compensation agreements for business entities of all types.
Topics include: the time value of money; the relation between risk and return; the workings and efficiency of capital markets; behavioral finance; valuing perpetuities and annuities; valuing corporate securities (stock, bonds, and options); valuing businesses as a going concern; optimal capital structure and dividend policies; debt covenants and other lender protections; basic financial accounting; derivatives; and the application of these principles to legal practice.

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

326.01

Corporate Taxation 3 Lawrence A. Zelenak TuTh 10:55AM - 12:20PM 4047 Site link LAW.326.01.Sp20@sakai.duke.edu

A study of the provisions of the Internal Revenue code governing the tax effects of the major events that occur in the life span of a corporation, including the taxation of distributions to shareholders and the formation, reorganization, and liquidation of corporations.

No papers are required, but class participation is expected. Students interested in taxation should take this course; it also has application to general corporate practice (mergers and acquisitions).

It is strongly recommended that students take Business Associations before taking Corporate Taxation.

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

328.01

International Debt Finance (and Sovereign Debt Crises) 2 Mitu Gulati Tu 4-5:50 pm 3000 Site link LAW.328.01.Sp20@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

328P.01

International Debt Finance Add-on Credit 1 Mitu Gulati Site link LAW.328P.01.Sp20@sakai.duke.edu

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

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

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

330.01

Federal Criminal Law 4 Sara Sun Beale MW 4-5:50 pm 4055 Site link LAW.330.01.Sp20@sakai.duke.edu

This course examines the role of the federal government in the criminal justice system, focusing on significant federal offenses criminalizing fraud, public corruption, drugs, money laundering, racketeering, firearms, and terrorism. We will also consider prosecutorial discretion, plea bargaining, and sentencing in the federal system.  The objective of this course is to master doctrine and to learn how to debate federal criminal law's merits and proper limits.  Public policy, theory, critical thinking, and oral advocacy will be emphasized.

The grade will be based on mock arguments and a take-home examination.

Federal criminal law is recommended either for second- or third-year students. It is especially helpful for students who will have a federal judicial clerkship, and those who anticipate a career in litigation. There are no prerequisites.

 

330.01.Spring2020-syllabus.pdf46.1 KB

Methods of Evaluation
  • Take-home examination
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

331.01

Introduction to Privacy Law and Policy 3 Jolynn Childers Dellinger TuTh 8:55AM - 10:20AM 4055 Site link LAW.331.01.Sp20@sakai.duke.edu

This course on privacy law and policy examines the ways in which the United States’ legal framework recognizes privacy rights or interests and balances them against competing interests, including, among others: freedom of speech and press, ever-expanding uses of big data, national security and law enforcement, medical research, business interests, and technological innovation. The course will address the ways that torts, constitutional law, federal and state statutes and regulations, and societal norms protect individual privacy against government, corporations and private actors in a variety of areas including: employment, media, education, data security, children’s privacy, health privacy, sports, consumer issues, finance, surveillance, national security and law enforcement. The course will also consider the significantly different approach to information privacy in the European Union and the importance of the new EU General Data Protection Regulation (GDPR), which became effective May 2018.  The course may also address briefly privacy issues and laws in an additional country, such as China, for purposes of further comparison.  Students will gain a broad understanding of the breadth, diversity and growing importance of the privacy field.

Grading Basis: Graded

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

332.01

Coded Governance: Blockchains, Smart Contracts, and Cryptoventures

*New*

2 Raina Haque M 10:30-12:20PM 4046 Site link LAW.332.01.Sp20@sakai.duke.edu

This course examines distributed ledger/blockchain technologies and computational law, and the related evolving regulatory environment. Topics covered include cryptocurrency use and regulation, legal forensic analysis of tokens, ethereum-based smart contract governance frameworks, patent strategy, and the professional responsibility considerations when working in a space that is popular, but not well understood. Students will learn about distributed ledger technologies and even get an introduction to programming a decentralized game. No previous programming experience is needed for this course, but a willingness to read and reread and discuss technical documentation and literature is essential. The course will conclude with a final packet of coursework for grading purposes.

Methods of Evaluation
  • Reflective Writing
  • Research and/or analytical paper(s), 5-10 pages
  • Oral presentation
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

334.01

Civil Rights Litigation 3 Darrell A. H. Miller MW 10:55AM - 12:20PM 4055 Site link LAW.334.01.Sp20@sakai.duke.edu

This course focuses on section 1983 of the United States Code, a Reconstruction-era statute that enables private parties to sue any other person who "under color" of law deprives them of the "rights, privileges, or immunities secured by the Constitution and laws" of the United States.  Class participants will become familiar with the theoretical, procedural, and practical aspects of civil rights litigation, including constitutional and statutory claims, defenses and immunities, and available remedies, including attorney fees.   Related U.S. Code provisions concerning discrimination in housing, contractual relations, employment, and voting are examined where relevant. Exam-based evaluation.

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

335.01

Private Equity and Hedge Funds 3 Elisabeth D. de Fontenay MW 10:55AM - 12:20PM 4047 Site link LAW.335.01.Sp20@sakai.duke.edu

Course Description:  The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention, particularly since the global financial crisis.  Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality.  This course introduces private equity and hedge funds from the perspectives of finance, regulation, and legal practice, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise.  Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform.  Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.

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

Prerequisites:  Students must have completed or be concurrently enrolled in Business Associations or a similar introductory course on business organizational law/company law taken at another law school (whether in the U.S. or abroad).  Prior coursework in securities regulation and taxation may be useful, but is not required.

 

335.01.Spring2020-syllabus.pdf164.82 KB

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

336.01

Mergers & Acquisitions: A Practitioner's Perspective 2 Geoff Krouse Tu 8:30AM - 10:20AM 4047 Site link LAW.336.01.Sp20@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

Law 210 Business Association is a prerequisite.   International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations and with instructor permission.

338.01

Animal Law 2 Amanda Schwoerke W 10:30AM - 12:20PM 3171 Site link LAW.338.01.Sp20@sakai.duke.edu

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

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

342.01

Federal Courts 4 Curtis A. Bradley MWTh 4:00PM - 5:15PM 4042 Site link LAW.342.01.Sp20@sakai.duke.edu

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

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

347.01

Health Care Law and Policy 3 Michael D. Frakes TuTh 8:55-10:20 am 4000 Site link LAW.347.01.Sp20@sakai.duke.edu

A survey of the legal environment of the health services industry in a policy perspective, with particular attention to the tensions and trade-offs between quality and cost concerns. Topics for selective study include access to health care; private and public programs for financing and purchasing health services; the economics of health care and health care costs; the role of professionalism versus the new commercialism in health care; the legal and tax treatment of not-for-profit corporations; regulation of commercial practice in professional fields; fraud and abuse in government programs; the application of antitrust law in professional fields; the internal organization and legal liabilities of hospitals; public regulation of institutional providers, including certification of need; personnel licensure; private personnel credentialing and institutional accreditation; liability for medical accidents; legal liabilities associated with the administration of health benefits; and public regulation of managed-care organizations. Study of the diverse legal problems encountered by a single industry, particularly one as important, complex, and intrinsically interesting as health care, may appeal to students generally interested in public policy and in law and economics as well as those with specific interests in the health care field.

Methods of Evaluation
Pre/Co-requisites
None

351.01

U.S. Immigration and Nationality Law 3 Eisha Jain MW 2-3:25 pm 4000 Site link LAW.351.01.Sp20@sakai.duke.edu

This 3-credit course will provide an overview of immigration law and policy. It will examine the legal, social, historical, and political factors that constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law.

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

360.01

International Taxation 3 Peter A. Barnes MW 5:10-6:35 PM 3043 Site link LAW.360.01.Sp20@sakai.duke.edu

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

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

361.01

International Trade Law 3 Rachel Brewster TuTh 2-3:25 pm 4000 Site link LAW.361.01.Sp20@sakai.duke.edu

International trade and the World Trade Organization attract a lot of attention and debate. Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians – even ones who purportedly support free markets – often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? In this course, we will examine why the WTO exists, how it developed from the GATT and how it fits in the international economic order (Part I). The course will offer you an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example on trade remedies (subsidies, anti-dumping and safeguards). From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases (Part II). It will conclude by examining U.S. trade law – particularly the widely-used trade remedies laws – and assessing not only the practice of international trade law in the United States, but also whether these laws actually achieve their supposed policy objectives (Part III). Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam.

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

375.01

International Intellectual Property 3 Jerome H. Reichman MW 2:00 - 3:25PM 4046 Site link LAW.375.01.Sp20@sakai.duke.edu

This course surveys international intellectual property law as reconfigured by the new universal standards of protection embodied in the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which is a component of the Agreement Establishing the World Trade Organization of 1994. Although some contextual materials on trade policy will be read, the course will not focus on general principles of international trade law. Rather, it will focus on the legal and economic implications of the new international intellectual property standards in the light of prior Conventions, with particular regard to such topics as patents; copyrights and related rights (including software, databases, sound recordings); trademarks; integrated circuit designs; trade secrets; and industrial designs. The new WIPO treaties (Dec. 1996) governing copyright law in cyberspace will also be covered. Other topics will include the interface with antitrust law; the enforcement provisions (i.e., civil and criminal due process); dispute resolution (including all the new WTO decisions on intellectual property); and the overall implications for global competition between developed and developing countries in an integrated world market.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

Any intellectual property course offered at any law school (e.g., Patents, Copyrights, Trademarks or the introductory intellectual property course. Pre-requisites for LLM students may be waived with the instructor's consent.

379.01

Partnership Taxation 2 Thomas Giegerich F 10:30AM - 12:20PM 4000 Site link LAW.379.01.Sp20@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

Law 255 Federal Income Taxation is a prerequisite.

380.01

Research Methods in International, Foreign and Comparative Law 1 Michael McArthur Th 10:55AM - 12:20PM 3000 Site link LAW.380.01.Sp20@sakai.duke.edu

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

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

384.01

Securities Regulation 4 James D. Cox MWTh 9:00AM - 10:15AM 3041 Site link LAW.384.01.Sp20@sakai.duke.edu

A study of the federal and state securities laws and the industry they govern with emphasis on the regulation of the distribution process and trading in securities; subjects dealt with include the functions of the Securities and Exchange Commission, registration and disclosure requirements and related civil liabilities, "blue-sky" laws, proxy solicitation and reporting requirements, broker-dealer regulation, the self-regulatory functions of the exchanges, and the regulation of investment companies.

384.01.Spring2020-syllabus.pdf144.36 KB

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

390.01

Structuring and Regulating Financial Transactions 3 Steven L. Schwarcz W 3:35PM - 6:35PM 3041 Site link LAW.390.01.Sp20@sakai.duke.edu

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

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

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

393.01

Trademark Law and Unfair Competition 2 Jennifer Jenkins MW 11:00-12:00PM 3000 Site link LAW.393.01.Sp20@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

400.02

Health Justice Clinic 4-6 S. Hannah Demeritt, Allison Rice Tu 4:00PM - 5:50PM 4040 Site link LAW.400.02.Sp20@sakai.duke.edu

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 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 clients’ 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. 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 course is offered for 4, 5, or 6 credits,

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

Enrollment Pre/co-requisite

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

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

401.02

Advanced Health Justice Clinic S. Hannah Demeritt, Allison Rice - - 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)

408.01

Appellate Litigation Clinic (Spring) 2 Sean E. Andrussier Tu 6:00PM - 8:00PM 4046 Unavailable Requires available Sakai site

Spring continuation of Appellate Litigation Clinic.

Methods of Evaluation
Pre/Co-requisites
None

416.02

Children's Law Clinic Crystal Grant, Jane R. Wettach, Peggy Nicholson Tu 2:00PM - 3:50PM 3171 Site link LAW.416.02.Sp20@sakai.duke.edu

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

Important:

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

Ethics Requirement

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

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

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

417.02

Advanced Children's Law Clinic 3 Crystal Grant, Jane R. Wettach, Peggy Nicholson Site link LAW.417.02.Sp20@sakai.duke.edu

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)

420.01

Trial Practice 3 Donald H. Beskind Tu 2:00 - 4:45PM 4049 Site link LAW.420.01.Sp20@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
Evidence

420.02

Trial Practice 3 Michael Dockterman M 4:00-6:45PM 4049 Site link LAW.420.02.Sp20@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
Evidence

421.02

Pre-Trial Litigation 2 Marilyn Forbes Phillips M 6:00PM - 7:50PM 4045 Site link LAW.421.02.Sp20@sakai.duke.edu

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

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

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

421.02.Spring2020-syllabus.pdf222.84 KB

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

422.02

Criminal Trial Practice 3 Thomas K. Maher W 6:00-8:45 PM 4049 Site link LAW.422.02.Sp20@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

427.02

Community Enterprise Law Clinic 4 Andrew Foster Tu 2:00PM - 3:25PM 4040 Site link law.427.01.sp20@sakai.duke.edu

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

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

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

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

428.02

Advanced Community Enterprise Clinic 2 Andrew Foster Unavailable Requires available Sakai site

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

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

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

429.02

Civil Justice Clinic 4 Charles R. Holton, Jesse McCoy Tu 4:00PM - 5:50PM 4046 Site link LAW.429.02.Sp20@sakai.duke.edu

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

Important:

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

Ethics Requirement

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

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

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

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 4 Nicole Ligon, H. Jefferson Powell Tu 4:00PM - 5:50PM 3171 Unavailable Requires available Sakai site

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

 

Important:

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

Students must be able to attend the day-long clinic intensive training session to enroll in this course.

 

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

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

435A.01

Advanced First Amendment Law Clinic 2 Nicole Ligon, H. Jefferson Powell 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

437.02

International Human Rights Clinic 5 Jayne Huckerby, Aya Fujimura-Fanselow Tu 4:00PM - 5:50PM 4172 Site link LAW.437.02.Sp20@sakai.duke.edu

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

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

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

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

438.02

Advanced Human Rights Clinic Jayne Huckerby, Aya Fujimura-Fanselow Site link LAW.438.02.Sp20@sakai.duke.edu

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

441.02

Start-Up Ventures Clinic 4 Bryan McGann, Thomas Williams Tu 2:00PM - 3:25PM 4172 Site link LAW.441.02.Sp20@sakai.duke.edu

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

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

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

Important:

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

Ethics Requirement

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

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

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

441A.02

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

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

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

443.02

Environmental Law and Policy Clinic 4 Ryke Longest, Michelle Benedict Nowlin Tu 2:00PM - 3:50PM 4046 Site link LAW.443.02.Sp20@sakai.duke.edu

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

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

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

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

443A.02

Advanced Environmental Law and Policy Ryke Longest, Michelle Benedict Nowlin Site link LAW.443A.02.Sp20@sakai.duke.edu

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

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

445.01

Immigrant Rights Clinic

*New*

4-6 Kate Evans Tu 2-3:50 PM 3210 Site link LAW.445.01.Sp20@sakai.duke.edu

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 a litigation matter, such as a removal proceeding in immigration court, an administrative or judicial appeal, or other legal claim, as well as work with a community-based organization in an advocacy project or outreach and education. 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.

The Immigrant Rights Clinic works with local service providers, national advocacy groups, and community organizations to develop a docket that combines direct representation, impact litigation, and policy advocacy. 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.

Ethics Requirement

J.D. students are required to have instruction in the Model Rules of Professional Conduct prior to participating in a clinic or an externship (see Clinics Enrollment Policy).  The following courses fulfill this prerequisite:

Ethics in Civil Litigation (LAW 239)     
Law of Lawyering:  Ethics of Social Justice Representation (LAW 237);
Criminal Justice Ethics (LAW 317)
The Law of Lawyering (LAW 238)
Ethics in Action (LAW 539). 

This prerequisite does not apply to LL.M. students.

Grading Basis: Graded

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

To enroll in the clinic’s initial semester (Spring 2020), students must complete Crimmigration Law in the fall of 2019 or enroll in Law 351 Immigration and Nationality Law in Spring 2019 or have taken Law 351 US Immigration and Nationality Law in Spring 2019.  In addition, permission of the instructor is required.   After the clinic’s initial semester, students must complete either Crimmigration Law or Immigration Law & Policy to enroll in the clinic. Evidence, Criminal Procedure, and Administrative Law are helpful but not required.

460.05

Negotiation for Lawyers 3 Robert Beason M 4:00PM - 6:45PM 3041 Site link LAW.460.05.Sp20@sakai.duke.edu

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

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

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

 

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

460.06

Negotiation for Lawyers 3 Frances Turner Mock Tu 2:00PM - 4:45PM 3037 Site link LAW.460.06.Sp20@sakai.duke.edu

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

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

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

 

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

460.07

Negotiation for Lawyers 3 Rene Stemple Ellis Tu 4:00PM - 6:45PM 4045 Site link LAW.460.07.Sp20@sakai.duke.edu

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

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

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

 

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

460.08

Negotiation for Lawyers 3 Casandra L. Thomson W 3:35PM - 6:20PM 4000 Site link LAW.460.08.Sp20@sakai.duke.edu

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

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

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

 

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

470.01

Poverty Law 3 Sara Sternberg Greene MW 2:00PM - 3:25PM 4055 Site link LAW.470.01.Sp20@sakai.duke.edu

This course provides an introduction to the relationship between law and poverty, including the relevance of legal doctrine, policy and practice to the significant inequality in income, assets and basic social goods impacting tens of millions of people in the United States.

We will begin by considering historical and contemporary trends in domestic poverty, U.S. social welfare policy, the legal framework under which poverty-related claims have been adjudicated, and the role of lawyers in combatting poverty.

Grounded in poverty data, policy arguments, legal doctrine and practice, we will explore modern government anti-poverty programs and issues such as welfare, work, housing, health, education and criminalization.

We will conclude by considering non-governmental approaches to combating poverty, including market-based solutions and international human rights, with an emphasis on the role of law, lawyers and legal institutions in such efforts.

Drawing on the rich expertise of those in Durham and beyond, we will occasionally be joined by guest speakers. The primary textbook for the course is Poverty Law, Policy and Practice (Aspen/Wolters Kluwer, 2014).

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

471.01

Science Regulation Lab 2 Michael B. Waitzkin, Pate Skene W 4-5:50 pm 4046 Site link LAW.471.01.Sp20@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

473.03

Scholarly Writing Workshop 3 Rebecca Rich W 4-5:50 pm 4040 Site link LAW.473.03.Sp20@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

480.01

Mediation Advocacy

*New*

3 Casandra L. Thomson Tu 2:00-4:45PM 3043 Site link LAW.480.01.Sp20@sakai.duke.edu

With mediation now a required step in a litigated case in most state and federal courts, and a preferred approach to conflict resolution in many parts of the world, it is a process that every litigator will no doubt use in practice.  In this advanced experiential seminar, we will explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client.  The majority of class sessions will be dedicated to group exercises and simulated mediations in which we build upon the techniques learned in Negotiation to equip you with skills that will be invaluable whether you want to mediate, represent clients effectively in mediation, or simply be a better negotiator.  You will also have the opportunity to practice persuasive writing as you draft pre-mediation statements, and will learn the essential elements of drafting agreements memorializing your settlements.  By engaging in all phases of the mediation process, you will not only improve your social and emotional competence, you will develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation.

Grading Basis: Graded

Methods of Evaluation
  • Simulated Writing, Transactional
  • Simulated Writing, Litigation
  • Reflective Writing
  • Practical exercises
  • Class participation
Pre/Co-requisites
Negotiation for Lawyers

493.02

Wrongful Convictions Clinic 4 James E. Coleman, Jr., Theresa A. Newman, Jamie T. Lau Tu 4:00PM - 5:50PM 1178 Site link LAW.493.02.Sp20@sakai.duke.edu

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

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

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

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

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

494.02

Advanced Wrongful Convictions Clinic James E. Coleman, Jr., Theresa A. Newman, Jamie T. Lau Site link LAW.494.02.Sp20@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

505.01

Criminal Justice Policy Lab 2 Brandon L. Garrett Tu 2-3:50 3000 Site link LAW.505.01.Sp20@sakai.duke.edu

The growth in incarceration in the United States since the early 1970s has been “historically unprecedented and internationally unique,” as the National Research Council recently put it. This lab seminar will explore current debates about how best to improve our criminal justice system. The focus will be on concrete research projects with the potential to improve criminal justice outcomes in North Carolina. Students will learn how to conduct policy-based research on criminal justice problems, and students will choose projects and write research papers studying possible reforms. Visitors to the seminar will include leading lawyers, policymakers, and scholars to speak to the class, and to assist with the research efforts.  Students will better appreciate the challenges of designing a sound criminal justice system and also learn how as lawyers they may participate in successful and well-researched policy reform efforts.

Grading Basis: Graded

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

511.01

International Criminal Law 3 Madeline Morris TuTh 4:00 - 5:25PM 4000 Site link LAW.511.01.Sp20@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, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

Law 275 International Law

515.02

Contract Drafting for the Finance Lawyer 2 Alexandra K. Johnson M 10:30AM - 12:20PM 4044 Site link LAW.515.02.Sp20@sakai.duke.edu

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

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

516.01

Democracy and the Rule of Law 2 Mathew D. McCubbins, Jack Knight W 8:55AM - 10:45AM 4055 Site link LAW.516.01.Sp20@sakai.duke.edu

This 2-credit seminar co-taught by Jack Knight and Mat McCubbins will provide an overview of the normative and positive issues associated with modern democracies and their legal systems. Students will explore questions related to the debate over what are the fundamental components of democracy and the rule of law. These questions include: does democracy require elections? Do elections need to be free, fair and frequent? Are there unalienable rights, protecting personal and civic freedoms, that are essential for a democratic system of government? How does one define the rule of law? Is the rule of law a necessary condition for democracy? Grades will be based on attendance and participation (20%), six 3-page papers due roughly every other week (60%), and one 8-page final paper due at the middle of finals week (20%). (Six 1-page papers (20%) and a 20-page paper (60%) can serve as an alternative.)

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

527.01

Access to Medicines: Intellectual Property and Global Public Health 2 Jerome H. Reichman W 6:00PM - 7:50PM 4044 Site link LAW.527.01.Sp20@sakai.duke.edu

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

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

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

529.01

Corporate Governance 3 Ofer Eldar W 4:00PM - 6:45PM 3000 Site link LAW.529.01.Sp20@sakai.duke.edu

Corporate governance is a major policy issue in business regulation, and has increasingly become headline news in recent political debates. This course will discuss the major debates in corporate governance, the challenges for designing an optimal system for governing corporations, and the increasingly important role of lawyers in these policy debates. To that end, the course will host guest speakers with various backgrounds that have unique experience in corporate governance matters. The course will focus on a range of issues. For example, is shareholder activism by hedge funds and other institutional shareholders good for shareholder value, or does it promote short-termism? Are CEOs paid too much, and should their compensation be regulated? How can for-profit firms be designed to pursue social missions and avoid green-washing? Do anti-takeover devices entrench managers or promote long-term strategic growth? Does state competition for corporate charters lead to a race to the top or the bottom? In discussing each of these topics, this course will consider whether corporations are best regulated by the government or market discipline. As part of the course, students will acquire the skills to review empirical studies, and evaluate the implications of these studies for legal policy and corporate practice. To fulfill the requirements for this course, students will have the option to write short reaction papers or the opportunity to work on a substantial research paper (subject to the approval of the instructor).

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

Law 210 Business Associations is a pre-requisite. It may be taken concurrently with instructor permission.

531.01

In House Law Practice 2 Bradley Zimmer, Allen Nelson W 6:00PM - 7:50PM 4055 Site link LAW.531.01.Sp20@sakai.duke.edu

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

The course is intended to provide law school students with an understanding of and practical skills for inhouse practice, legal issues unique to that practice, and practical issues that face inhouse lawyers. It is designed for any student interested in inhouse practice – those who wish to work in a law firm or governmental role and interact with inhouse counsel, those who would like to practice inhouse, and those who are interested in exploring different career paths.

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

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

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

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

No prerequisites are contemplated as necessary.

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

532.01

Venture Capital Financing 3 W.H. "Kip" Johnson III Tu 4:00PM - 6:45PM 4055 Site link LAW.532.01.Sp20@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites

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

539.01

Ethics in Action 2 Thomas B. Metzloff W 2:00PM - 3:50PM 4044 Site link LAW.539.01.Sp20@sakai.duke.edu

The class will function as an ethics committee considering current issues and ethics inquiries based upon actual disputes. The participants, working in small groups, will draft detailed ethics opinions that the full class will consider, revise, and the like.

Methods of Evaluation
Pre/Co-requisites
None

545.01

Urban Legal History 3 Joseph Blocher Th 10:30AM - 12:20PM 4044 Site link LAW.545.01.Sp20@sakai.duke.edu

Urban Legal History is a research seminar which will focus on the legal issues relating to Durham's political, social, and economic development. The class will involve intensive study of primary and secondary materials, and will require students to produce substantial (45 page) research papers.

545.01.Spring2020-syllabus.pdf337.87 KB

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

546.01

International Law of Armed Conflict 3 Charles J. Dunlap, Jr. M 6:00PM - 8:50PM 4055 Site link LAW.546.01.Sp20@sakai.duke.edu

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

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

549.01

Corporate Counseling and Communication 2 Marie Grant Lukens Tu 4:00PM - 5:50PM 4047 Site link LAW.549.01.Sp20@sakai.duke.edu

The goal of this class is for students to develop skills working with sophisticated clients on complex issues that lack easy answers and to simulate the practice of law in a way that a young associate is likely to experience it whether at a large law firm or in a small legal office. The primary focus is interviewing and counseling business clients and drafting client-related communications.

The first part of the class is split into five two-week segments. In the first week of each segment, the class will study a legal issue and prepare to interview the client. Then, one student interviews the client about a simulated scenario in a conference call as the rest of the class observes.  After the call, the class assesses the legal issues and strategies for responding. Students must then decide what advice to give.

In the second week of each segment, the class evaluates potential responses and prepares to advise the client. Another student counsels the client as the class observes. The focus of the class is on client communications, legal strategy, and developing professional skills, and students will gain exposure to the types of issues commonly faced by corporate counsel, including contract negotiations and potential claims.

Students will also practice working in a law office environment by sending emails to the professor that simulate reports to a supervising attorney and by submitting timesheets showing work they have completed. The final three weeks focus on a 15-page paper that will require independent research on a complex legal topic assigned by the professor. Through these exercises, students will learn to speak confidently with experienced business executives, collect information efficiently from busy professionals, and deliver practical, business-oriented legal advice orally and in writing.

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

556.01

Second Amendment: History, Theory, and Practice 2 Joseph Blocher, Jake Charles Tu 10:30AM - 12:20PM 3000 Site link LAW.556.01.Sp20@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.

Methods of Evaluation
Pre/Co-requisites
None

561.01

Tax Policy 3 Lawrence A. Zelenak, Richard L. Schmalbeck TuTh 4:00PM - 5:25PM 4044 Site link LAW.561.01.Sp20@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites

Federal Income Taxation is a prerequisite

567.01

Identity, Politics, and the Law: Seminar 2 Guy-Uriel Charles, Mitu Gulati W 4-5:50 PM 4044 Site link LAW.567.01.Sp20@sakai.duke.edu

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

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

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

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

570.01

Criminology and Criminal Procedure 2 Ben K. Grunwald Tu 8:55AM - 10:45AM 3171 Site link LAW.570.01.Sp20@sakai.duke.edu

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

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

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

572.01

Enterprise Law in Japan and the United States

*New*
*Class meets Feb 21 – Mar 25

1 Zenichi Shishido M 4:00 - 7:00PM 4046 Site link LAW.572.01.Sp20@sakai.duke.edu

This is a seminar course focusing on a comparative analysis of business systems in Japan and the United States. We will discuss the basic question: how does law matter to business practice? 

To answer this question, we need to take into consideration two complementarities. First, the legal system in a given country consists of a variety of legal subject areas, including corporate law, securities regulation, labor law, bankruptcy law, and tax law, among others. These areas of law do not operate in isolation but rather in complement to affect the business practices in a country. Second, the law operates in conjunction with economic markets and social norms. 

We will consider the firm as a forum for incentive bargaining among four major participants: management, employees, creditors, and shareholders. How do the complementary effects of various laws, markets and norms affect the incentives of each participant? How has this affected the accepted business practices in a country, and in turn, the broader business system? 

Students will be exposed to classical readings in business law theory, as well as more recent scholarship that applies those classical theories to case studies of modern US and Japanese firms. Through the readings and participation in class discussions, students will learn to think critically about the dynamic interplay of legal systems, economic markets, and social norms and their combined effects on business systems.

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

574.01

Lying and The Law of Questioning 1 Lisa Kern Griffin Th 2:00PM - 3:50PM 4046 Site link LAW.574.01.Sp20@sakai.duke.edu

This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what is sometimes called “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in public life. The criminal justice system is both a natural habitat for dishonesty and the place where achieving accuracy is most important. Accordingly, we will use the context of investigations and trials to explore some larger themes about establishing factual baselines despite intense conflict. Topics will include liability for dishonest statements in investigations and testimony, interrogation practices, the problem of false confessions, incentivized witnesses, character and credibility, cross examination, storytelling at trial, and lie detection in the laboratory, courtroom, and popular culture. Readings will be posted on line and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

Grading Basis: Graded

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

574W.01

Lying and The Law of Questioning, Writing Credit 1 Lisa Kern Griffin Site link LAW.574W.01.Sp20@sakai.duke.edu

While enrolled in Law 574 Lying and the Law of Questioning, students who plan significant research projects on related topics may register for a second credit in order to satisfy the JD Writing Requirement. *LAW 574W must be added no later than 7th week of class.*

Grading Basis: Graded

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

576.01

Agency Law in a Changing Economy 2 Deborah A. DeMott W 4:00PM - 5:50PM 3171 Site link LAW.576.01.Sp20@sakai.duke.edu

Agency law encompasses the legal consequences of consensual relationships in which one person (the “principal”) manifests assent that another person (the “agent”) shall, subject to the principal’s right of control, have power to affect the principal’s legal relations through the agent’s acts and on the principal’s behalf. As the principal’s representative, an agent owes fiduciary duties to the principal. Agency doctrine applies to a wide range of relationships in which one person has legally-consequential power to represent another, populating the category, “agent,” with a variety of exemplars: lawyers, brokers in securities and other markets, officers of corporations and other legal entities, talent and literary agents, auction houses, and more. Usually, agency relationships contemplate three distinct persons: agent, principal, and third parties with whom the agent interacts, with legal consequences for all three. Agency law also governs the relationship between a principal and its agents, including its employees. The pervasiveness of agency means that its implications remain relevant despite changes in business structures and economies more generally.  This seminar covers the legal doctrines that make agency a distinct subject with in the law, in particular those differentiating agency from general contract and tort law. It also covers a number of contemporary examples in which agency doctrine may—or may not—apply with significant consequences. These may include the status of Uber drivers and other actors who perform services via platforms; the duties of commodities brokers, including merchants in financial derivatives products; the consequences of imputing an agent’s knowledge to the principal; agency as a vehicle for the imposition of vicarious liability; and the consequences for the agent and third party when a principal is undisclosed, unidentified, or undetermined. 
The seminar will meet weekly with assigned readings. Each student will write a research paper on a topic to be chosen with the instructor’s consent and will make brief presentations to the seminar as work on the paper proceeds

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

577.01

Emerging Issues in Sports and the Law 2 Paul H. Haagen, Todd Mesibov Tu 7:00PM - 8:50PM 3171 Site link LAW.577.01.Sp20@sakai.duke.edu

The course will examine the regulation of NCAA athletics and the enforcement of NCAA rules. It will examine in detail several high profile NCAA cases including those involving Penn State, Miami and UNC-Chapel Hill.

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

580.01

Law and Economics Colloquium 2 Ofer Eldar, Michael D. Frakes M 4:00PM - 5:50PM 4000 Site link LAW.580.01.Sp20@sakai.duke.edu

This research seminar will involve discussing some of the latest research at the intersection of the fields of law and economics. The research papers will deal with a wide variety of topics, depending on the speaker’s interests, such as the law and economics of contract law, corporate law, intellectual property, tax, constitutional law, or legislation. We will invite speakers who are doing some of the most cutting-edge interdisciplinary work in law to present their ongoing work to the seminar. Students will be asked to prepare, in advance, short reaction papers to the speakers’ work. The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will be one class meeting each week.

Grading Basis: Graded

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

585.01

Philanthropy, Voluntarism and Not-For-Profit Law and Management 3 Joel L. Fleishman W 10:05AM - 12:35PM Site link LAW.585.01.Sp20@sakai.duke.edu

The scope of this seminar is as broad as the idea of the voluntary society itself, with particular attention to the American version thereof. The central question is the extent to which, and how, a large number of people of varying ethnic, racial, religious, and cultural backgrounds, living together in a country, state or city, organized into representative governments, should - can - rely on voluntary action by willing citizens to fulfill both their own individual needs and the needs of the respective communities in which they live. To explore that question requires us to examine alternative allocations of responsibility for solving particular problems - voluntary, not-for-profit, for-profit, joint public/private, publicly encouraged/subsidized, and publicly coerced - along with examples, reasons, and theories for particular forms of organization. We will need to probe what it is that motivates donors and volunteers to give money and time, and to assess not only their effectiveness in solving problems but also the comparative praiseworthiness of their respective motives. Charitable and corporate foundations, as well as the tax-exempt organizations to which they and other donors contribute, are part of the inquiry, especially as to their goals, decision rules, governance, and public accountability. We will try to compare the experience of other countries with that of the U.S. in these regards, and we will continuously examine the framework of public policy that embodies public judgments about the desirability of allocating some part of the burden of social problem-solving to voluntary organizations alone or in partnership with public organizations, as well as the tax policies that are crafted to facilitate such problem-solving policies. Cross-listed with PPS280S.

Methods of Evaluation
Pre/Co-requisites
None

586.01

Current Debates in Bankruptcy Law 2 Jonathan Seymour Th 8:55-10:45 AM 4046 Site link LAW.586.01.Sp20@sakai.duke.edu

Is bankruptcy broken? For some years, many academics and practitioners have argued that the nation's business and consumer bankruptcy systems are outdated or otherwise not fit for their intended purpose. The course will examine selected topics in bankruptcy law (but focusing most heavily on chapter 11 of the Bankruptcy Code). We will explore a selection of the most contentious current debates in bankruptcy law. Key reading materials will likely include recent major reports proposing reforms to bankruptcy law, as well as excerpts from the scholarship and recent Supreme Court cases. We will consider questions including: what is bankruptcy for? Is it simply a procedural remedy solely for enforcing whatever substantive rights parties might have outside bankruptcy, or an opportunity more fairly to redistribute assets (or losses) among stakeholders? Is bankruptcy special? Should be Bankruptcy Code be read like any other statute, or do we need special principles for bankruptcy law, and broad equitable powers for bankruptcy courts, to encourage businesses and consumers to reorganize? What protections should we give to consumers? Most consumer reorganizations are unsuccessful; should we respond by allowing bankruptcy more thoroughly to shield consumers from collection efforts, or do we prioritize creditors' efforts to get paid?

For each of the topics considered, the general structure of the course will be to: (1) familiarize you with the relevant features of bankruptcy law; (2) examine critiques of current law and consider proposals for reform. The objective of the seminar is to provide insight and into and allow for debate of bankruptcy theory and policy; in the process, we will consider the extent to which abstract theories of bankruptcy hold up in the real world, and the topics we cover will include issues of pressing interest to current bankruptcy practitioners.

Students will be required to participate in class discussions. Students may complete either a series of reflection papers examining the reading materials and topics discussed, or one  longer 25-30 page paper designed to satisfy the SRWP.

Grading Basis: Graded

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

587.01

Race and the Law 2 Trina Jones W 2:00PM - 3:50PM 3171 Site link LAW.587.01.Sp20@sakai.duke.edu

Are we a post-racial society? Is English-only the way to go? Is there a model minority? Are Native American children better off with Native American parents? Should affirmative action be abolished? Are all women white and all blacks men? Was Brown right? This seminar will explore the historical and contemporary treatment of race in the United States by both the courts and the legislature. The seminar will employ an interdisciplinary approach to examining the social and political forces that have and continue to contribute to the development of legal doctrine in the areas of education, employment, health care, interracial sex and marriage, and public accommodations, among other things. Throughout, the seminar will explore the definition of race, the intersection of race and gender, the interplay of race and class, the juxtaposition of various racial groups, and the utility of a biracial dichotomy in a multiracial and multiethnic society. Materials will include cases, films, law review articles, excerpts from books, and other nonlegal materials. The seminar will examine race from a multiracial, multiethnic perspective. Participation from a diverse group of students is encouraged. A paper will be required.

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

588.01

Investigating and Prosecuting National Security Cases 2 Shane Stansbury Th 8:55AM - 10:45AM 4042 Site link LAW.588.01.Sp20@sakai.duke.edu

National security cases present unique challenges to prosecutors and defense attorneys. From the outset of an investigation, and before charges are brought, prosecutors and investigators must take into account a number of considerations, including coordination with the intelligence community and potential conflicts that may arise between law enforcement and intelligence gathering. After a case is charged, such cases frequently present other challenges, such as complying with discovery obligations while protecting classified information and obtaining testimony from foreign witnesses who may be beyond the reach of the U.S. government. This course will provide an in-depth examination of the unique issues that lawyers face in national security prosecutions and the substantive and procedural tools used to navigate those issues.  We will also examine the advantages and limitations of civilian prosecutions and consider the effectiveness of current procedures and criminal statutes in addressing modern national security threats.  An emphasis will be placed on case-specific examples and hypotheticals, drawing in part on the instructor’s experience and pending public cases.  The course will culminate in a simulation in which students are presented with a rapidly unfolding national security incident in which they are asked to address various hypotheticals at different stages of the case.

Students will be expected to complete a final paper of 10-15 pages in length on a topic approved by the instructor.  Students who wish to use the paper to satisfy the JD ULWR should enroll in a 1 credit Independent Study with Professor Stansbury and will be expected to write a final paper of 25-30 pages in length.  The Independent Study will be graded on a credit/no-credit basis.

Grading Basis: Graded

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

592.01

Frontier AI & Robotics: Law & Ethics 3 Jeff Ward M 2:00PM - 4:45PM 3000 Site link LAW.592.01.Sp20@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. Surely our legal systems and ethical frameworks must evolve. We must find ways to ensure that human-robot interactions occur in ways that are safe and are consistent with our cultural values. We must take care that our policies and laws provide artificial intelligence tools with the direction we need without quashing or hindering the innovations that could improve our lives.

The course will bring together three core areas: (1) law, (2) ethics/science policy, and (3) applied technology/science

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

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

Grading Basis: Graded

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

611.04

Readings: Examining the Opioid Crisis

*New*

1 Clinical faculty F 10-11:30 AM 4044 Site link LAW.611.04.Sp20@sakai.duke.edu

This one-credit readings class will explore the ongoing opioid crisis. Drawing on the expertise of various members of Duke Law School’s clinical faculty, the course will examine the origins and impacts of the opioid crisis from a variety of perspectives. Students will examine the relation of opioids to criminal justice, impacts on children and youth, and health impacts, including treatment, prevention and insurance access. Additionally, students will explore environmental and international human rights connections. The course also will examine issues of corporate responsibility and the role of data in addressing the crisis. Finally, we will examine how lawyers can address the crisis through medical legal partnerships and policy solutions. Throughout the course, students will use the lens of race and class in examining the origin, response, and impacts of the opioids crisis. The class is pass/fail and students will be evaluated through several reflections papers and class participation.

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

611.15

Readings: The Impact of Climate Change on Financial Markets (and vice versa)

*New*

1 Lawrence G. Baxter W 6:00 - 7:50PM 4046 Site link law.611.15.sp20@sakai.duke.edu

Description to follow.

One credit, C/NC

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

611.17

Readings: Regulatory Reboot 1 Nakita Cuttino W 10:30AM - 12:20PM 4040 Site link law.611.17.sp20@sakai.duke.edu

This discussion course focuses on readings that explore connections between the law, the practice of law, the legal system, and issues of current societal importance or interest. Each section of the course is expected to have a different specific focus and different readings.

Readings courses focused on public interest may count towards the Public Interest and Public Service Certificate.

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

611.18

Readings: State Constitutionalism and Localism 1 Darrell A. H. Miller Tu 4:00-5:50PM 3210 Site link law.611.18.sp20@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.

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

611.19

Readings: The Guantanamo Conundrum 1 Madeline Morris Th 2:00 - 3:45PM 4040 Site link LAW.611.019.Sp20@sakai.duke.edu

The detention of suspected terrorists at Guantanamo Bay Naval Base has been ongoing for seventeen years.  Of the 40 detainees still held at Guantanamo, two have been convicted after trial by military commission, and eight have charges pending for trial by military commission.  The Supreme Court has yet to rule on the most fundamental constitutional, international-law, and law-of-war questions raised by these detentions and military commission proceedings. 

This one-credit readings course will focus on those questions.  The class will examine the underlying constitutional, policy, and international-relations dilemmas involved, identify the set of potential resolutions, and consider the ramifications of each.

Reading Summaries, Issue Introductions, and Discussion Questions

At the start of each class, one student will give a brief (< 5 min.) summary of the readings for that week and provide a brief (< 5 min.) introduction of the major legal issues posed. 

All students other than the one presenting the session’s reading summary and issue introduction will email a discussion question arising from the readings to me (morris@law.duke.edu) and my assistant (Leanna Doty, leanna.doty@law.duke.edu), by 4:30 on the day of the class.

Final paper:  Carefully define, and then address in a ten-page essay, a question arising in or from the course readings and discussion.  The paper will be due on the last day of exam period.

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

611.20

Readings: The Lost Years of the Fourteenth Amendment 1 Ernest A. Young Site link LAW.611.20.Sp20@sakai.duke.edu

This reading course considers the history of the Fourteenth Amendment, starting with the early stages of Reconstruction (1862-65) and ending with the Supreme Court’s decision in Brown v. Board of Education (1954), and the implications of that history for constitutional theory. The course is based on a book project arguing that the Fourteenth Amendment failed, for at least the first half of its life, to entrench the principle of equality for black Americans secured by the Civil War and Reconstruction. We will explore the reasons for this failure and for the eventual revival of the Amendment’s principles in Brown and the Civil Rights Movement. That exploration will focus both on the original meaning of the Amendment and the various modes of living constitutionalism – changes in public opinion and electoral outcomes, the activities of social movements, and common law constitutional evolution in the courts – that altered the Amendment’s meaning over time. The course will offer students both a window on a crucial but generally neglected period of constitutional history and the opportunity to participate in the development of a major scholarly project. Students will be expected to do 3 or 4 response papers over the course of the semester.

Grading Basis: Credit/No Credit

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

611.21

Readings 1 Michael Wolfe Site link LAW.611.21.Sp20@sakai.duke.edu

This discussion course focuses on readings that explore connections between the law, the practice of law, the legal system, and issues of current societal importance or interest. Each section of the course is expected to have a different specific focus and different readings.

Readings courses focused on public interest may count towards the Public Interest and Public Service Certificate.

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

611AB.01

Readings in National Security

*Note: Year-Long Course

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

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

Methods of Evaluation
Pre/Co-requisites
None

611AB.02

Readings: Judicial Biography

*Note: Year-Long Course

0.5 Thomas B. Metzloff Unavailable Requires available Sakai site

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

Methods of Evaluation
Pre/Co-requisites
None

611AB.04

Laws of Mars: Legal Rules for Living Off the Earth

*Note: Year-Long Course

0.5 Jonathan B. Wiener Unavailable Requires available Sakai site

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

Methods of Evaluation
Pre/Co-requisites
None

611AB.05

Abortion: Law, Policy, Ethics

*Note: Year-Long Course

0.5 Stephen E. Sachs, Amanda Schwoerke Unavailable Requires available Sakai site

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

Methods of Evaluation
Pre/Co-requisites
None

617.02

Environmental Law Readings Workshop 0.5 Rima Idzelis Unavailable Requires available Sakai site

The Workshop introduces LLM students in the Certificate in Environmental Law program to core readings on different topics of environmental law. Students are assigned readings selected by the faculty members teaching environmental law. Each class meeting is conducted by a different member of the faculty in environmental law. Students will write a paper in reaction to the readings, and the course will be graded credit/no credit.
**This class is available only to International LLMs who are pursuing the Certificate in Environmental Law. **

NOTE: This course receives 0.50 credits a semester for a total of 1.0 credits for the year course.

Methods of Evaluation
Pre/Co-requisites
None

619.01

Readings: Commercial Law and Society in Historical Perspective 1 Julia Rudolph W 2:00 - 3:15 PM 3000 Site link LAW.619.01.Sp20@sakai.duke.edu

Fraud, mortgage crises, banking regulation, tax evasion – these are bywords of our time but, of course, such concepts and concerns have a long history. Many of the foundations of modern law regarding property and obligation were laid in English courts in the eighteenth and nineteenth centuries –a period of remarkable commercial expansion, imperial overreach, and stock market plunges. How did developments in legal procedure and doctrine shape the course of socio-economic change in the modern age? And what kinds of impacts did commercialization and colonization have on English law in an era of expanding empire?

Readings will explore such questions through study of the development of the Anglo-American law of contract, mortgage, bankruptcy and trust.  Readings will also include works on the history of colonialism, labor law, welfare, and slavery. In examining some exemplary cases and works of historical analysis, we will consider the different social, political, economic and cultural contexts within which seminal legal changes occurred.

Requirements include class participation and completion of short response papers. 1 credit (graded on a credit/no credit basis). No exam or final paper, however students may, if they wish, receive 2 credits upon successful completion of an additional 15-page paper. Variable Credit.

Methods of Evaluation
Pre/Co-requisites
None

619W.01

Readings: Commercial Law and Society in Historical Perspective, Add-On Credit 1 Julia Rudolph Site link LAW.619W.01.Sp20@sakai.duke.edu

Students have the option to complete an additional 15-page paper in Law 619 Readings: Commercial Law and Society in Historical Perspective for an additional credit. *LAW 619W MUST be added no later than 7th week of class.*

Grading Basis: Credit/No Credit

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

621.02

Externship Anne Gordon Unavailable Requires available Sakai site

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

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

Variable credit. With permission only.

Methods of Evaluation
Pre/Co-requisites
None

621S.02

Externship Seminar

*Note: 7 weeks

1 Anne Gordon T 6-8:00 PM 4000 Unavailable Requires available Sakai site

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

Grading Basis: Graded

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

632.01

LLMLE Practicum 5 Unavailable Requires available Sakai site

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

Methods of Evaluation
Pre/Co-requisites
None

707.01

Statutory Interpretation Colloquium 2 Mathew D. McCubbins Th 2:00PM - 3:50PM 3000 Site link LAW.707.01.Sp20@sakai.duke.edu

The objective of the course is to introduce students to important issues concerning the theory and doctrine of statutory interpretation through exposure to cutting-edge legal scholarship. The colloquium will feature bi-weekly presentations of works-in-progress by leading scholars of statutory interpretation, legislation, and administrative law. In the week preceding each presentation, students will read and discuss foundational materials (a mix of academic commentary and case law) on topics related to the work-in-progress.

Students may opt to prepare six short (5-10 page) papers in response to each work-in-progress, which would be due in advance of the presentation and used to stimulate discussion. Alternatively, students may write one longer research paper (roughly 30 pages) dealing with a topic of their choice related to the themes of the class. Students who take the latter option may use the colloquium to satisfy the upper-level writing requirement.

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

710.01

Derivatives: Financial Markets, Law and Policy 3 Lawrence G. Baxter TuTh 2:00PM - 3:25PM 4042 Site link LAW.710.01.Sp20@sakai.duke.edu

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

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

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

Required Coursework

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

  1. A final paper, about 25-30 pages in length, to be submitted by the Thursday, April 16, 2020 (last day of all classes) (75%); JD writing credit will be given to any JD students who present research proposals (see “Paper” above), approved by me, commit to completing their drafts for class presentation and subsequent comments by me (draft for comments by Friday March 20), and submit their final drafts in response to my comments by Thursday April 16, when all papers will be due.
  2. An individual class presentation, of 20 minutes in length (10%), on the early draft of the 3-credit paper; and
  3. Overall class participation (15%).The course will be highly interactive and graded on this basis.

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

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

714.01

Coastal Resilience in the Face of Climate Change 2 Stephen E. Roady Tu 8:30AM - 10:20AM 3041 Site link LAW.714.01.Sp20@sakai.duke.edu

This seminar will provide students an opportunity to engage closely with emerging law and policy issues associated with the need to increase coastal resilience in the face of climate change.  The recent experiences of both North and South Carolina with Hurricane Florence have highlighted the need for coastal communities to address a wide range of issues associated with climate change.  In addition to designing approaches to increase resilience when faced with storms and rising sea levels, these issues include: (1) information-gathering (via maps, drones, and scientific research about coastal/ocean processes); (2) law and policy refinements (via statutes, regulations, and guidance); and (3) possible litigation to develop useful common law doctrines relevant to the tidelands and the public trust.  Through the use of current cases and policy issues under debate in coastal communities, students will work together to research the most salient questions presented by these issues.  They will analyze relevant facts, laws, policies, socio-economic considerations, and local ordinances, and prepare proposed solutions to these questions in the form of advisory memos and recommendations.  

Grading Basis: Graded

Methods of Evaluation
  • Research paper, 25+ pages
  • Group project(s)
  • Class participation
Pre/Co-requisites
None

716.01

CyberSecurity, Privacy and Government Surveillance 3 David Hoffman, Christopher H. Schroeder Tu 3:00-5:50 pm Site link LAW.716.01.Sp20@sakai.duke.edu

The acquisition, management, analysis, dissemination, and security of data are increasing important issues for individuals, commercial enterprises and governments.   New technologies create a more connected and personal digital society.  Every day, transactions engaged in by individuals generate ever expanding amounts of personal information, including credit card transaction information, purchasing histories, bank and other financial transaction information, location information, health information, real property ownership information, information relating to interactions with the criminal justice system, information shared on social media and other types of information.  Not only is the volume of personal information escalating rapidly; much of it is revealed in on line transactions, enabling it to be acquired for multiple uses, and much resides on servers and storage media where it can be accessible or potentially accessible to commercial enterprises and government agencies. New cybersecurity risks are demanding responses from governments as they address attacks on critical infrastructure, election interference and the potential for manipulation of the data used to train artificial intelligence tools.

In both the commercial sector and the government sector, the legal and policy issues associated with data, cybersecurity and surveillance are growing in importance.   Discussion of these issues in either sector cannot ignore the others, because the issues frequently intersect.  They also transcend national boundaries. For example, in President Obama’s proposals to revise government policy towards signals intelligence collection, he states that such policies implicate “the cooperation we receive from other nations on law enforcement, counterterrorism, and other issues; our commercial, economic, and financial interests, including a potential loss of international trust in U.S. firms and the decreased willingness of other nations to participate in international data sharing, privacy, and regulatory regimes …”[1]  This intersection of issues creates particular challenges for existing constitutional, legislative and international governance models.

In the government sector, increased risks such as nation state cyber threats now create new priorities to add to those efforts spurred by the terrorist attacks on September 11, 2001.  Combating and preventing terrorist and cybersecurity attacks relies heavily on the collection of information through electronic surveillance.  The tension between these efforts and individual privacy creates frictions that are forcing reconsideration of existing methods of mediating these interests.  This tension then creates challenges for long accepted ideas of nation state use of signals intelligence interception and other information gathering operations (such as the gathering of intelligence about potentially hostile governments).  Similar reconsideration is occurring in the commercial sector, where consumers’ desire for confidentiality in the data that relates to them can conflict with markets for information and commercial and entrepreneurial interests that wish to take advantage of such data to provide new goods and services that consumers value.  


[1] Presidential Policy Directive/PPD-28, p. 1 (January 17, 2014).

 

716.01.Spring2020-syllabus.docx46.96 KB

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

727.01

Current Issues in Constitutional Interpretation 1 David F. Levi, Justice Alito Unavailable Requires available Sakai site

This seminar will examine important constitutional issues that have arisen in recent Supreme Court cases and will use those cases as a vehicle for considering broader questions of constitutional interpretation and Supreme Court practice, such as theories of interpretation and the role of stare decisis. Among the issues that may be studied are the Second Amendment right to keep and bear arms, the Sixth Amendment rights to counsel and trial by jury, the Eighth Amendment right to be free of cruel and unusual punishment, and the right to petition for a writ of habeas corpus.

Enrollment for Current Issues in Constitutional Interpretation is limited to 15 students.  Only third-year students are eligible to apply for enrollment, as it is anticipated that students in their final year of law school will be best prepared to engage fully in the course. Please see course information for application.

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

737.01

Environmental Litigation 2 Stephen E. Roady M 4:00PM - 5:50PM 3171 Site link LAW.737.01.Sp20@sakai.duke.edu

During the past 40 years, environmental litigation in the federal courts of the United States has played an important role in shaping our quality of life.  Federal statutes designed to improve air and water quality, manage waste, protect species, and establish rules for the management of ocean resources have spawned numerous federal cases – some filed by affected industry, some by the government, and others filed by conservation groups and private citizens.  The resulting precedents affect many aspects of the environment in which we live.

This course introduces students to the progression of a hypothetical environmental case in United States federal courts.  The course begins with the appearance of a potential client, addresses several considerations relevant to a decision whether to file a complaint, examines discovery planning and execution, studies the preparation of dispositive motions, and concludes with an overview of the appeal process.  The course assumes that the hypothetical case will be decided on motions for summary judgment or for injunctive relief.  Therefore, class discussions focus on the manner in which such a case unfolds, with particular attention to developing both the facts and the theory of the case, framing pleadings, and designing and managing discovery.  The course explores these subjects from the perspective of counsel for defendants as well as for plaintiffs.  Students should emerge from the course better equipped to handle various practical aspects of litigation.

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

738.01

Financial Law and Regulation: Practitioner's Perspective

*Class meets Feb 13 – April 3

2 Lee Reiners Th 4:00 - 6:00PM and F 9:00 - 11:00AM 4046 Site link LAW.738.01.Sp20@sakai.duke.edu

Every aspect of financial law and regulation depends heavily on its daily practice.  The environment changes all the time, and the scope of regulatory discretion, at every level of government (state, federal and international) is so large that successful practitioners must understand the current trends in regulatory thinking and practice.  This course will allow students to dive deep into a different aspect of modern financial regulation every week by bringing in prominent alumni practitioners who are experts in specific areas of the field.

The course will be structured as follows:

  1. Six 4 hour components, focusing on specific aspects of financial practice according to the expertise of the teacher. Lee Reiners will hold an opening 2 hour class session.
  2. Taught by a series of expert practitioners, who will spend two days at the school. Classes will be held on Thursday and Friday.
  3. The course is a seminar based on a compilation of readings provided during the course.
  4. Students will be graded based upon class participation and six, 1,500-word, writing assignments pertaining to each of the six topics discussed by our guest lecturers.

Likely topics to be covered include:

  • Derivatives regulation
  • High frequency trading
  • FDIC resolution and the insurance fund
  • Volcker Rule and Regulation W
  • Bank capital requirements

 

Class will run from Feb 15th to April 5th and will consist of 13 class sessions that are 2 hours long. Seven class sessions will be on a Friday morning from 9-11am and 6 class sessions will be on Thursday afternoon from 4:00pm to 6:00pm.

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

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

754.01

IP Transactions 2 John Fuscoe M 6:00PM - 7:50PM 3000 Site link LAW.754.01.Sp20@sakai.duke.edu

Patents, trademarks, copyrights, and trade secrets are the currency of an innovation economy. Each of these forms of intellectual property may be bought and sold, licensed, or used as security. How each is used will depend on the business context; the needs of a start-up company being far different from those of a multinational corporation. This course will focus on intellectual property transactions in various business contexts, including: maximizing value and assessing risks; using intellectual property in financing start-ups; protecting trade secrets; employment issues related to intellectual property; intellectual property licensing; and intellectual property in mergers, acquisitions and bankruptcy.

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

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

758.01

Originalism and Its Discontents 3 Stephen E. Sachs Tu 10:30AM - 12:20PM 4172 Site link LAW.758.01.Sp20@sakai.duke.edu

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

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

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

760.01

A Practitioner's Guide to Labor Law and Employment 2 Daniel Seymour Bowling III, Gray McCalley, Jr. Th 2:00PM - 5:00PM 3171 Site link LAW.760.01.Sp20@sakai.duke.edu

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

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

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

765.01

Introduction to Technology in the Law Office 2 Jennifer L. Behrens, Wayne Miller Th 2:00PM - 3:50PM 3210 Site link LAW.765.01.Sp20@sakai.duke.edu

Technology is changing the practice of law in all fields and venues. This course will provide you with the theoretical and practical foundation to understand these changes and to positively impact your firm's or organization's responses to such challenges. Areas of focus include ethical obligations surrounding technology use; privacy and security; practice management; electronic discovery; information literacy (including advanced research techniques) and media literacy; and presentation and courtroom technology. Readings and guest speakers will address both general technological issues as well as specific legal and ethical ramifications. Students will be graded on participation, exercises and a final project that is presented both in class and in writing. Students who take Law 765 Introduction to Technology in the Law Office may not take Law 766 Law Practice Technology.

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

773.01

Research Methods in Business Law 1 Laura M. Scott W 9:20AM - 10:40AM 4172 Site link LAW.773.01.Sp20@sakai.duke.edu

This one-credit seminar in advanced legal research will introduce students to specific sources and strategies for researching a variety of business law topics, including corporations, securities, and commercial bankruptcy and reorganization. We will cover key primary and secondary sources for business law research: state and federal cases, statutes, regulations, and other administrative materials; subject-specific secondary sources; company disclosure documents; and sources for factual company research, among others. The course will emphasize research process, strategies, and evaluation of print and online sources in a changing information environment. Students will develop their research skills through a variety of hands-on exercises. Grades will be based on in-class and take-home research exercises, class participation, and a final research project.

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

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

777.01

Deal Skills for the Transactional Lawyer 3 Terence M. Hynes M 2:00PM - 4:45PM 4044 Site link LAW.777.01.Sp20@sakai.duke.edu

This course is designed to prepare students for transactional law practice by introducing them to the process of structuring, negotiating, documenting and closing a corporate acquisition transaction.

The course is highly interactive.  Students will be assigned to “firms” that represent the parties to a hypothetical M&A transaction.  During the term, you will advise your client regarding deal structure, prepare due diligence requests and a due diligence report, draft an acquisition agreement, and negotiate the terms of the deal with counsel for the other party.  The negotiation exercises will take place “live” in class and will be videotaped.  The professor will provide written feedback on drafting assignments and negotiations to help students refine their deal-making skills.

Topics covered will include:

  • Common transaction structures and the factors that affect choice of deal structure
  • Strategic and tactical approaches to negotiating an M&A transaction
  • Conducting a due diligence review
  • How to review contracts and other due diligence documents
  • Effective drafting techniques for the transactional lawyer
  • Understanding the “business deal” and translating it into contract language
  • The role of representations & warranties, covenants, conditions precedent and  other provisions found in the typical acquisition agreement
  • Preparing for and conducting a closing

Methods of Evaluation
Pre/Co-requisites

Business Associations is a prerequisite or co-requisite.

779.01

Well-Being and the Practice of Law 1 Daniel Seymour Bowling III Tu 4:00PM - 5:50PM 4042 Site link LAW.779.01.Sp20@sakai.duke.edu

Optimistic, happy people outperform their counterparts on almost every measure of job success with the notable exception of one group: lawyers. Psychological research suggests that on the whole pessimists perform better in both law school and private practice. Since research also shows that pessimism can be a predictor of depression and/or lower levels of life satisfaction, this raises a question among academics who study well-being: what do we do about the lawyers? Or is the research insufficient to make such sweeping claims?

This class will examine why the "pursuit of happiness," a phrase written by a lawyer, has proved futile for many members of the legal profession and those aspiring to its ranks.There is considerable data (that predates the current economic crisis) indicating that lawyers and law students suffer from greater rates of depression and anxiety than other professions, along with accompanying social maladies such as substance abuse. There is also considerable evidence of high career dissatisfaction among lawyers, and many others are leaving the profession or performing well below their capability. This seems unfathomable given the high levels of education, affluence, and respect lawyers enjoy (or will enjoy), factors which predict happiness and job satisfaction in other areas of life.
This class will present the research to date on lawyers and happiness. We will examine the scientific data and academic literature on lawyer maladies, while examining holes in the collective wisdom and why the majority of lawyers are quite content. While acknowledging the very real problems of the profession, we will address the question many lawyers and law professors legitimately ask – so what: who said lawyers are supposed to be happy? We will then review simple actions law schools, bar associations, law firms, and individuals can take to improve the collective health of the profession, as well as the productivity and engagement of its individual practitioners. In the course of so doing, will learn the basic well-being measurement tools and practice interventions shown to increase individual happiness. This is a serious course grounded in the latest science; while there will be fairly intensive reading and writing requirements, they will be within the bounds of a one-credit hour course, and should add to the overall well-being of each student.

Methods of Evaluation
Pre/Co-requisites
None

781.01

Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3 Jennifer Jenkins TuTh 10:55 - 12:20PM 4046 Site link LAW.781.01.Sp20@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

Either Intellectual Property Law (LAW 270) or Copyright Law (LAW 322) is required as a pre-requisite or co-requisite. Students who are unable to meet this requirement may request a waiver directly from the professor.

789.01

Writing: Federal Litigation 2 Melissa Hanson W 10:30 - 12:20PM 4044 Site link LAW.789.01.Sp20@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

791.01

Judicial Writing 2 Joan Magat W 2:00PM - 3:50PM 4040 Site link LAW.791.01.Sp20@sakai.duke.edu

This course is intended to appeal to any student who seeks a judicial clerkship or aspires to be a judge, or who simply wants to learn more about how and why judges write judicial opinions. Students will consider the complexities of being on the bench, including judges' relationships with the public, with lawyers, with other judges, and with their clerks. The students will try their hands at formats and styles unique to clerking or judging, including a bench brief, an analytic paper, and an appellate-court opinion.

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