Fall 2021 Class Schedule

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

110.01

Civil Procedure

*Section 3

4.5 Trina Jones MWTh 10:55 AM-12:20 PM 3041 Site link LAW.110.01.F21@sakai.duke.edu

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

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

110.02

Civil Procedure

*Sections 5 & 6

4.5 Thomas B. Metzloff MWTH 2:00 PM-3:25 PM 3041 Site link LAW.110.02.F21@sakai.duke.edu

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

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

110.03

Civil Procedure

*Sections 1 & 2

4.5 Darrell A. H. Miller MWTh 10:45 AM-12:10 PM Scharf Hall Site link LAW.110.03.F21@sakai.duke.edu

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

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

110.04

Civil Procedure

*Section 4

4.5 Marin K. Levy MWTh 10:55 AM-12:20 PM 4047 Site link LAW.110.04.F21@sakai.duke.edu

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

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

130.01

Contracts

*Section 1

4.5 Paul H. Haagen MWTh 3:35 PM-5:00 PM 4047 Site link LAW.130.01.F21@sakai.duke.edu

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

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

130.02

Contracts

*Section 2

4.5 Jeff Ward MWTh 2:00 PM-3:25 PM 4047 Site link LAW.130.02.F21@sakai.duke.edu

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

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

130.03

Contracts

*Sections 5 & 6

4.5 Sean Williams MWTh 3:45 PM-5:10 PM Scharf Hall Site link LAW.130.03.F21@sakai.duke.edu

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

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

140.01

Criminal Law

*Sections 3 & 4

4.5 James E. Coleman, Jr. MWTh 9:00 AM-10:25 AM Scharf Hall Site link LAW.140.01.F21@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 9:15 AM-10:25 AM 3041 Site link LAW.160A.01.F21@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 9:50 AM-11:00 AM 4047 Site link LAW.160A.02.F21@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 8:30 AM-9:40 AM 3037 Site link LAW.160A.03.F21@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 Sarah C. W. Baker, Laura M. Scott Tu/F 11:10 AM-12:20 PM 4047 Site link LAW.160A.04.F21@sakai.duke.edu

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

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

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

160AB.05

Legal Analysis, Research & Writing 4 Jo Ann Ragazzo, Wickliffe Shreve Tu/F 11:10 AM-12:20 PM 3037 Site link LAW.160A.05.F21@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, Nor Ortiz Tu/F 9:10 AM-10:20 AM Mosler Seminar Room Site link LAW.160A.06.F21@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, Jennifer L. Behrens Tu/F 9:50 AM-11:00 AM 3037 Site link LAW.160A.07.F21@sakai.duke.edu

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

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

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

160AB.08

Legal Analysis, Research & Writing 4 Sarah Powell, James Britt Tu/F 10:40 AM-11:50 AM Mosler Seminar Room Site link LAW.160A.08.F21@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.09

Legal Analysis, Research & Writing 4 Catherine Lawson, Laura M. Scott Tu/F 8:30 AM-9:40 AM 4047 Site link LAW.160A.09.F21@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.10

Legal Analysis, Research & Writing 4 Sofia Hernandez, Deanne Morgan Tu/F 11:10 AM-12:20 PM 4045 Site link LAW.160A.10.F21@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 4 Barak D. Richman Tu/Th 8:55 AM-10:45 AM 3043 Site link LAW.170.01.F21@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

180.01

Torts

*Section 6

4.5 Donald H. Beskind MWTh 10:45 AM-12:10 PM Mosler Seminar Room Site link LAW.180.01.F21@sakai.duke.edu

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

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

180.02

Torts

*Sections 1 & 2

4.5 Doriane Lambelet Coleman MWTh 9:00 AM-10:25 AM 3041 Site link LAW.180.02.F21@sakai.duke.edu

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

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

180.03

Torts

*Section 5

4.5 Michael D. Frakes MWTh 9:00 AM-10:25 AM 4047 Site link LAW.180.03.F21@sakai.duke.edu

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

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

180.04

Torts

*Sections 3 & 4

4.5 Ehud Guttel MWTh 2:10 PM-3:35 PM Scharf Hall Site link LAW.180.04.F21@sakai.duke.edu

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

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

200.01

Administrative Law 3 Matthew Adler Tu/Th 10:55 AM-12:20 PM 3043 Site link LAW.200.01.F21@sakai.duke.edu

A study of the legal framework governing administrative agencies under the U.S. Constitution and the Administrative Procedure Act, with a particular focus on agency rulemaking and adjudication; Presidential power; Congressional control of agencies through statutes and other mechanisms of oversight; and judicial review of agency actions.

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

201.01

Legal Writing: Craft & Style 2 Joan Magat W 10:30 AM-12:20 PM 3171 Site link LAW.201.01.F21@sakai.duke.edu

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

The workshop might be particularly useful to:

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

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

201.02

Legal Writing: Craft & Style 2 Joan Magat Th 10:30 AM-12:20 PM 3171 Site link LAW.201.02.F21@sakai.duke.edu

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

The workshop might be particularly useful to:

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

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

203.01

Business Strategy for Lawyers

FAST TRACK - Class meets: 8/24-10/21

3 John M. de Figueiredo, F. Samuel Eberts III Tu/Th 8:30 AM-10:45 AM 4045 Site link LAW.203.01.F21@sakai.duke.edu

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

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

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

Methods of Evaluation
  • Final Exam
  • Research and/or analytical paper(s), 5-10 pages
  • Class participation
Pre/Co-requisites
None

210.07

Business Associations 4 Gina-Gail S. Fletcher M/W 10:30 AM-12:20 PM 3043 Site link LAW.210.07.F21@sakai.duke.edu

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

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

210.08

Business Associations 4 Sarah Bloom Raskin Tu/Th 2:00 PM-3:50 PM 3037 Site link LAW.210.08.F21@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

218.01

Comparative Law 3 Shitong Qiao M/W 8:55 AM-10:20 AM 3043 Site link LAW.218.01.F21@sakai.duke.edu

This course provides an overview of comparative law. We will learn about the differences and similarities, both real and perceived, between different legal orders. We will compare both civil law and common law systems, and authoritarian and liberal legal systems. We will also investigate the rise and fall of foreign legal studies in the U.S., from soviet law in the 1960s-1970s, Japanese law in the 1980s-1990s, European Union law in the early 2000s, and Chinese law in the recent decade. We will investigate the impact of American law on foreign countries and international law, and foreign law in American courts. On a theoretical level, we will try to understand what it means to "compare", and how it can help us both to understand other legal systems as well as our own.

Class participation: 10%; 4 response papers (1 page per paper): 20%; final paper (26 pages minimum): 70%. JD students have an option to write a longer paper (30 pages minimum) to satisfy their writing requirements. Please seek the instructor's approval for this writing credit by the end of October. 

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

227.01

Use of Force in International Law 2 Charles J. Dunlap, Jr. Tu 4:00 PM-5:50 PM 4042 Site link LAW.227.01.F21@sakai.duke.edu

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

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

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

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

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

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

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

231.01

Ethics in Action: Large Firm Practice 2 Kendall Gray M 2:00 PM-3:50 PM 4046 Site link LAW.231.01.F21@sakai.duke.edu

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

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

Grading Basis: Graded

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

235.01

Environmental Law 3 Jonathan B. Wiener M/W 4:00 PM-5:25 PM 3043 Site link LAW.235.01.F21@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
  • Research and/or analytical paper(s), 5-10 pages
  • Class participation
Pre/Co-requisites
None

238.01

Ethics and the Law of Lawyering 2 Kathryn Webb Bradley Tu 2:00 PM-3:50 PM 3043 Site link LAW.238.01.F21@sakai.duke.edu

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

Grading is based on a final examination and class participation.

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

238.02

Ethics and the Law of Lawyering 2 Amy Richardson M 6:00 PM-7:50 PM 3043 Site link LAW.238.02.F21@sakai.duke.edu

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

 

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

238.05

Ethics and the Law of Lawyering

Topic: Ethics and International Legal Practice

2 Brian Zuercher W 4:00 PM-5:50 PM 4055 Site link LAW.238.05.F21@sakai.duke.edu

In this course we will investigate and discuss ethical issues that arise in representing clients and practicing law in a multinational setting.  We will explore issues of confidentiality, attorney-client privilege, duties to clients, governments, other attorneys, and citizens and societies with different views on ethics and legal systems.  We will consider how attorneys must navigate the ethics rules governing attorneys while counseling clients on laws and regulations governing societal ethics such as anti-corruption laws, export and sanctions laws, and rules against human rights violations.  This should help prepare students for ethics issues they may face in cross-jurisdictional practice.

Depending on instructor travel, there is a chance that a few class sessions may need to take place on Zoom; all will be indicated as such in the course syllabus. Please note that in-person attendance is required for in-person class meetings

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

242.01

Social Justice Lawyering 2 Anne Gordon, Jesse McCoy Th 10:30 AM-12:20 PM 4044 Site link LAW.242.01.F21@sakai.duke.edu

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

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

Grading Basis: Graded

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

242W.01

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

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

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

Grading Basis: Graded

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

<p><a href="/academics/course/242/">Social Justice Lawyering</a> is a co-requisite.</p>

244.01

The Business and Economics of Law Firms 1 Bruce A. Elvin Th 8:30 AM-10:20 AM 4000 Site link LAW.244.01.F21@sakai.duke.edu

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

244.01.Fall2021-syllabus.pdf154.08 KB

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

245.03

Evidence 4 Brandon L. Garrett MWTh 9:00 AM-10:15 AM 3037 Site link LAW.245.03.F21@sakai.duke.edu
What facts are heard in court, by whom, and how those facts are evaluated, is the subject matter of the law of evidence. This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. The overarching goals of the course are to (1) explain what evidence can be properly introduced (or excluded), and (2) offer a methodology for finding these answers in the wide variety of scenarios that arise in litigation. With that in mind, we will review practical problems throughout the course. We will begin with an introduction to the Federal Rules of Evidence, the role of judicial notice, and then concepts of relevance and unfair prejudice, largely following the order of the federal rules of evidence. We will then turn to character evidence, and lay and expert opinion. Next, we will explore hearsay, the ways in which the U.S. Constitution regulates evidence, authentication, and policy-based rules. Finally, we will briefly discuss privileges. In general, Professor Garrett will focus on the text, legislative history, and common law roots and development of the rules, along with practical problems to review the material that will be discussed in each class.

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

245.04

Evidence 3 Shane Stansbury M/W 4:00 PM-5:25 PM 3037 Site link LAW.245.04.F21@sakai.duke.edu

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will first take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will then address the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to other evidentiary concepts, such as privileges and authentication. Assigned materials will include both cases and real-world problems that will allow students to put the rules into practice. We will also occasionally make use of films and other materials from popular culture.

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

250.01

Family Law 3 Kathryn Webb Bradley M/W 2:00 PM-3:25 PM 4042 Site link LAW.250.01.F21@sakai.duke.edu

A study of legal and policy issues relating to the family. Topics include requirements for marriage, nontraditional families, obligations at divorce, establishing parenthood, and adoption. 

Grading is based on a final examination, written work relating to completion of a divorce settlement exercise, and class participation.

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

255.02

Federal Income Taxation 4 Lawrence A. Zelenak MWTh 9:00 AM-10:15 AM 4042 Site link LAW.255.02.F21@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

In planning their course schedules, students should keep in mind that Federal Income Taxation is a prerequisite for most other federal tax courses, including corporate tax, partnership tax, international tax, and the tax policy seminar.  For this reason, students who might want to take one or more advanced tax courses are strongly encouraged to take Federal Income Taxation during their second year of law school.

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

260.01

Financial Accounting 3 C. J. Skender Tu 4:00 PM-6:45 PM 3043 Site link LAW.260.01.F21@sakai.duke.edu

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

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

265.01

First Amendment 3 Stuart M. Benjamin Tu/Th 10:55 AM-12:20 PM 4042 Site link LAW.265.01.F21@sakai.duke.edu

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

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

270.01

Intellectual Property 4 Jennifer Jenkins MWTh 10:55 AM-12:20 PM 3037 Site link LAW.270.01.F21@sakai.duke.edu

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

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

285.01

Labor Law 3 Daniel Seymour Bowling III M/W 2:00 PM-3:25 PM 3037 Site link LAW.285.01.F21@sakai.duke.edu

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

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

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

287.01

Principles of Commercial and Bankruptcy Law 4 Steven L. Schwarcz Tu/Th 4:00 PM-5:50 PM 3041 Site link LAW.287.01.F21@sakai.duke.edu

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

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

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

 

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

288.01

Consumer Bankruptcy & Debt 2 Sara Sternberg Greene Th 10:30 AM-12:20 PM 4049 Site link LAW.288.01.F21@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.

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

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

298.01

Ocean and Coastal Law and Policy

*Synchronous online

2 Stephen E. Roady F 9:00 AM-11:45 AM Online Site link LAW.298.01.F21@sakai.duke.edu

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

The final grade for this course will be based upon several factors, including a final exam, discussion team memos and presentations, and class participation.

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

300.01

U.S. Legal Analysis, Research and Writing for International Students 2 Rima Idzelis TuTh 9:20 AM -10:20 AM 3000 Site link LAW.300.01.F21@sakai.duke.edu

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

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

300.02

U.S. Legal Analysis, Research and Writing for International Students 2 Danielle Zimmerman MW 9:20 AM - 10:20 AM 3000 Site link LAW.300.02.F21@sakai.duke.edu

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

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

300.03

U.S. Legal Analysis, Research and Writing for International Students 2 James Stuart MW 7:50 AM -8:50 AM 3000 Site link LAW.300.03.F21@sakai.duke.edu

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

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

300.04

U.S. Legal Analysis, Research and Writing for International Students 2 Phyllis Lile-King T/Th 2:00 PM -3:00 PM 4049 Site link LAW.300.04.F21@sakai.duke.edu

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

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

304.01

Big Bank Regulation 4 Lawrence G. Baxter, Emily N. Strauss, Lee Reiners MWTH 11:00 AM-12:15 PM 4045 Site link LAW.304.01.F21@sakai.duke.edu

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

This course will review all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and future challenges and prospects for global and domestic financial reform. 

 

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

306.01

Corporate Crime 4 Samuel W. Buell MWTh 2:00 PM-3:15 PM 3043 Site link LAW.306.01.F21@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 and employees involved in potential criminal violations (and certain civil analogues), and the law that governs those processes; 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, students should not expect this to be that form of law 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 newly published text, which is the outgrowth of former course packs. The text will be available in bound book form for approximately $28 through Amazon, or in pdf form at no charge from the course website. There may be occasional handouts. Assigned readings average 30 pages per class meeting, with less case law and more fact-based practice documents, problems, and commentary than with a typical case book. The grade will be based primarily on a floating take home exam, with some weight given to class participation.

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

307.01

Internet and Telecommunications Law & Policy 3 Stuart M. Benjamin, Barak D. Richman Tu/Th 4:00 PM-5:25 PM 4000 Site link LAW.307.01.F21@sakai.duke.edu

This course will examine the regulation of technology, and specifically the technology of Internet and telecommunications. We will examine the possible application of antitrust law and more specific forms of regulation, and will consider pending policy proposals. We will also examine the constitutional (principally First Amendment) constraints on any such regulation.

Grading Basis: Graded

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

316.01

Intro to Cyber Law and Policy 2 David Hoffman, Shane Stansbury Tu 8:30 AM-10:20 AM 4000 Unavailable Requires available Sakai site

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

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

Grading Basis: Graded

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

317.01

Criminal Justice Ethics 2 S. Hannah Demeritt Th 10:30 AM-12:20 PM 4055 Unavailable Requires available Sakai site

The Criminal Justice Ethics course centers 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 and prosecutor, and includes several guest speakers. It also considers the role of systemic racism in the criminal justice system and how this impacts attorneys’ professional responsibility. Students will observe local criminal court for one assignment. The class is discussion-based and students work through and discuss difficult ethical hypotheticals. The course has a final exam.

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

319.01

Analytical Methods

FAST TRACK - Class meets: 8/24-10/14 with the Final Exam held on 10/19 and 10/21

2 John M. de Figueiredo Tu/Th 2:00 PM-3:50 PM 4042 Site link LAW.319.01.F21@sakai.duke.edu

Lawyers face non-legal, analytical issues every day. Business lawyers need to understand a business in order to represent their client properly. Litigators need to judge the best route in adopting a litigation strategy. Family lawyers routinely need to value a business. Environmental lawyers need to understand economic externalities. Social lawyers need familiarity with financial instruments that have positive and negative attributes. Students taking this course will find it foundational in running a business, advising a business, or litigating business matters that go beyond the strict letter of the law. In this sense, this is not your standard doctrinal law school course. Rather, it is designed to give students the tools necessary to interact with the business community and run a company or firm.

The areas of focus include:

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

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

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

327.01

Energy Law 3 Amy Pickle M/W 10:55 AM-12:20 PM 4000 Site link LAW.327.01.F21@sakai.duke.edu

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

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

For Fall 2020, final grades will be comprised of the following:

  1. Final exam, open book/open note one day exam: 60%
  2. Case study discussion leader: 25%
  3. Class participation and current events: 15%

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

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

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

333.01

Science Law & Policy 3 Michael B. Waitzkin Tu 4:00 PM-6:45 PM 3037 Site link LAW.333.01.F21@sakai.duke.edu

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

All MA, PhD and JD/MA students should register under BIOETHIC 704 – approval of professor is required. All law students (other than JD/MAs) should register under LAW 333.

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

336.01

Mergers & Acquisitions: A Practitioner's Perspective 2 Caroline Bergman Gottschalk M 6:00 PM-7:50 PM 4047 Site link LAW.336.01.F21@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; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

<p><a href="https://law.duke.edu/academics/course/210/">Law 210 Business Association</a> is a prerequisite.   International LLMs may be permitted to take Law 336 Mergers &amp; Acquisitions if concurrently enrolled in Law 210 Business Associations and with instructor permission.</p>

339.01

Law and Literature 3 James Boyle MW 4:00 PM-5:25 PM 4000 Site link LAW.339.01.F21@sakai.duke.edu

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

339.01.Fall2021-syllabus.pdf133.63 KB

Methods of Evaluation
Pre/Co-requisites
None

343.01

Federal Courts I: Constitution & Judicial Power 3 Ernest A. Young M/W 10:55 AM-12:20 PM 4042 Site link LAW.343.01.F21@sakai.duke.edu

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

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

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

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

350.01

Advanced Constitutional Law: A Legal History of the US Civil Rights Movement 3 H. Timothy Lovelace, Jr. Tu/Th 10:55 AM-12:20 PM 3000 Site link LAW.350.01.F21@sakai.duke.edu

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

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

353.01

Equity Valuation and Advanced Financial Statement Analysis 3 Bill Brown M/W 8:55 AM-10:20 AM 4045 Site link LAW.353.01.F21@sakai.duke.edu

Valuing a business—big or small—is often a central focus of leading legal, banking, investment and business institutions.

  • It drives whether a company does an acquisition or sale.
  • It is often a key component in damages in litigation.
  • It guides how managers make disclosures in private transactions and public filings.
  • At its most macro level, it drives the policy of governments.

This course provides students with the tools to understand valuation principles, coupled with the depth of accounting necessary to understand the drivers of that valuation—all using the rigor of Certified Financial Analyst (CFA) materials.

Whether working at a bank, a law firm, a prosecutor's office, an agency or an investment manager, many graduates find themselves without the skills needed to understand the value of entities and their financial statements. Those who have these skills are highly valued and often end up running corporations, law firms, and agencies.

This is a high-level course for those with experience in corporate finance and accounting. It is designed to give the advanced student a deeper dive into important concepts relating to equity valuation and financial statement analysis. Familiarity with numbers is essential.

The areas of focus include:

  • Equity Valuation Process
  • Discounted Dividend Valuation
  • Free Cash Flow Valuation
  • Market-Based Valuation: Price Multiples
  • Residual Income Valuation
  • Financial Reporting Mechanics
  • Financial Reporting Standards
  • Advanced Topics in Understanding the Income Statement
  • Advanced Topics in Understanding the Balance Sheet
  • Advanced Topics in Understanding the Cash Flow Statement
  • Financial Analysis Techniques
  • International Standards Convergence
  • Financial Statement Analysis: Applications
  • Inventories
  • Long-Lived Assets
  • Income Taxes
  • Long-Lived Liabilities and Leases
  • Employee Compensation: Postretirement and Share-Based Intercorporate Investments
  • Multinational Operations
  • Evaluating Financial Reporting Quality

Course Materials

The two primary texts are Equity Asset Valuation, 4th Edition (CFA Institute Investment Series), by Pinto (Wiley, 2020), and International Financial Statement Analysis, 4th Edition (CFA Institute Investment Series), by Robinson (Wiley, 2020). Handouts and problem sets will be distributed in class. Problem sets will be graded.

Course Requirements

1. Class Attendance and Preparation

Students are expected to attend all sessions. You should read appropriate materials prior to class.

2. Problem Sets

Problem sets will be assigned throughout the class. Most of these will be graded. Some problems will not be graded and will be done in teams.

3. Examinations

There will be a three-hour mid-term examination on the Equity Valuation section of the course and a three-hour final examination on the Financial Statement Analysis section.

4. Grading

Final course grades will be determined by the following allocation:

  • 25% Class Participation
  • 25% Problem Sets
  • 25% Mid-Term Exam
  • 25% Final Exam

5. The Honor Code

You are expected to follow the Duke University Honor Code. Specific issues concerning homework and the final examination will be discussed in the first class meeting.

6. Prerequisites

One of the following courses (or their equivalents): Corporate Finance, Accounting, or Financial Information. Exceptions can be made by the instructor.

353.01.Fall2021-syllabus.pdf188.36 KB

Methods of Evaluation
Pre/Co-requisites
None

358.01

Structuring Venture Capital and Private Equity Transactions 3 W.H. "Kip" Johnson III Th 4:00 PM-6:45 PM 3000 Unavailable Requires available Sakai site

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

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

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

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

368.01

Natural Resources Law and Policy 2 Jonas J. Monast Th 4:00 PM - 5:50 PM 4055 Unavailable Requires available Sakai site

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

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

369.01

Patent Law and Policy 3 Arti K. Rai, Lidiya Mishchenko Tu/Th 10:55 AM-12:20 PM 4000 Site link LAW.369.01.F21@sakai.duke.edu

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

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

370.01

Modes of Legal Argument 3 James Boyle M/W 2:00 PM-3:25 PM 3000 Site link LAW.370.01.F21@sakai.duke.edu

Introduction to Legal Theory: Modes of Legal Argument is a 3-credit seminar with enrollment capped at 12, and a final paper that can be used to satisfy the Substantial Research and Writing Project. 

The course will be organized around a set of essential questions, all vital to the ways we argue about the law. The major schools of legal and constitutional interpretation will be explored.  For example, we will discuss formalism and textualism, purposivism, originalism, process theory, economic analysis, realism and legal pluralism. Each of these theories has an answer to the question, what is the right way to interpret a legal text?  Beyond the text, what modes, or forms of argument are permissible, or mandatory, within our legal tradition?   But each of those inquiries depends on deeper questions. Where does law come from? What, if anything, makes it legitimate? It will also deal with some concrete examples in which those modes of legal argument are tested and deployed:  Does the law create the market economy, or is there a pre-existing template for market economies that frames and limit the interpretation of the laws that govern those markets?  The public/private distinction is central to a liberal society: do we have a consistent or principled way of interpreting those boundaries? How should our understanding of law be affected by the fact that we live in a democratic country, a free-market country, a country with a written constitution? We will consider and approach these questions by way of major schools of legal thought, testing the theoretical approaches against  concrete  problems the legal system has had to address, and the shapes these problems take today. 

Requirements:  The class requirements include regular Sakai postings on the readings.  Those who are using the paper to satisfy the Substantial Research and Writing Paper will write a 25-30 page final paper on an approved topic, going through the normal process of first draft, conference and revision.  Those who are not will write a 15 page final paper, either on an approved topic of your choice or on one assigned by the instructor.    No prior exposure to legal theory, philosophy or political theory is required.

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

376.01

Combatants, Brigands, Rebels, and States: The Law of Transnational Terrorism 3 Madeline Morris Tu/Th 10:55 AM-12:20 PM 4172 Site link LAW.376.01.F21@sakai.duke.edu

Since September 11, 2001, transnational terrorism has been treated as both crime and war.  Accordingly, the U.S. and other states have targeted members of Al Qaeda and associated forces in major military operations and in surgical strikes, captured and held such persons as law-of-war detainees, and prosecuted suspected members of such groups for terrorism offenses and war crimes, in civilian courts and military tribunals. 

This course will examine these developments in historical perspective, and will analyze their implications for the interstate system (focusing on the law of state responsibility), the law of war (in particular, combatant and civilian status and associated protections), and the structures of the U.S. Constitution governing war, crime, and military jurisdiction.

Grades will be based on the quality of weekly (3-page) briefings, practical simulations, and class participation.

Grading Basis: Graded

Methods of Evaluation
  • Series of Short Analytical Papers
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

379.01

Partnership Taxation 2 Thomas Giegerich M 4:00 PM-5:50 PM 3000 Site link LAW.379.01.F21@sakai.duke.edu

The course will cover the tax implications of organizing and operating businesses as partnerships for tax purposes, investing in tax partnerships and acquisitions and dispositions of partnership interests. Partnership Tax is offered in fall semester only.

Partnership Tax is offered in fall semester only.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

<p><a href="https://law.duke.edu/academics/course/255/">Law 255 Federal Income Taxation</a> is a prerequisite.</p>

380.01

Research Methods in International, Foreign and Comparative Law 1 Michael McArthur F 8:00 AM-9:25 AM Fite Room Site link LAW.380.01.F21@sakai.duke.edu

This one-credit legal research seminar introduces students to sources and strategies for researching international, foreign, and comparative law. We cover multiple research techniques while exploring freely available and subscription-based access to both primary and secondary sources. Topical coverage includes treaty law, international and regional organizations, international courts and tribunals, and foreign legal research. Assignments will reinforce practical research strategies and processes, and students will practice evaluating print and online sources in a changing information environment. This is a required spring course for students enrolled in the J.D./LL.M. in Comparative and International Law, and open to other students (2L, 3L, and LL.M) during the fall term. The class will meet for eight 90-minute sessions. Grades will be based on take-home exercises, class participation, and a final research project.

380.01.Fall2021-syllabus.pdf520.74 KB

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

395.01

Distinctive Aspects of U.S. Law 2 Thomas B. Metzloff F 10:45 AM-12:00 PM 3041 Site link LAW.395.01.F21@sakai.duke.edu

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

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

400.01

Health Justice Clinic 4-6 S. Hannah Demeritt, Allison Rice Tu 4:00 PM-5:50 PM 3171 Site link LAW.400.01.F21@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), end-of-life planning (wills, advance directives), job accommodations, and discrimination. Students may also work on cases involving health information privacy, planning for the future care of children (guardianship), and name changes and health insurance for transgender clients. In assigning cases, faculty strive to honor students' interests.

Students engage with clients from diverse backgrounds whose lives have been disrupted by serious illness, including people living in poverty, those who have experienced the financial toxicity of illness, members of the LGBTQ community, and people struggling with addiction or mental illness. Although many of our clients are facing serious health and/or life challenges, students consistently remark on their clients’ resilience and gratitude, and value the experience of having a tangible impact on client's lives.

In addition to extensive client interactions, students will engage with health care providers, social workers, government officials, and other professionals. Students interview and counsel clients and witnesses, draft estate planning documents, analyze medical records, collaborate with other professionals, including medical providers and social workers, interview and prepare affidavits for medical providers and other witnesses, conduct fact investigations and legal research, draft legal memoranda, and as needed, represent clients in administrative and other hearings. Interested students may have the opportunity to engage in public speaking through presentations to medical providers, social workers, or client/community groups.

The Health Justice Clinic is appropriate for students interested in any practice area, as the skills employed are applicable to all areas of law. The Clinic may be particularly relevant for students who will work in health law, disability law, poverty law, or any administrative law field. Graduates of the clinic also report that it was especially helpful in their careers in public policy, government, and for developing a focus for their pro bono work in large firms.

Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, professionalism, the health care system, social safety net, social determinants of health, and the role of race and other factors in health disparities. Students work closely with clinic instructors and enjoy a uniquely supportive mentoring and coaching experience. Students work on cases with a partner and have a weekly team meeting with the clinic instructors. The instructors are available throughout the week for consultation. Faculty prioritize each student's professional development and encourage the development of a work-life balance that will be essential in law practice.

The Health Justice Clinic is offered on a variable credit basis, 4-6 credits.

Clinics Enrollment Policy

Important:

Students are required to attend the clinic intensive training session. Students who have previously completed a clinic may skip some portions of the intensive.

International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

401.01

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

<p>Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

405.01

Appellate Practice 3 Sean E. Andrussier M 4:00 PM-6:00 PM 4045 Site link LAW.405.01.F21@sakai.duke.edu

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

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

Methods of Evaluation
  • Simulated Writing, Litigation

407.01

Appellate Litigation Clinic (Fall) 3 Sean E. Andrussier Tu 6:00 PM-8:00 PM 4172 Site link LAW.407.01.F21@sakai.duke.edu

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

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

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

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

Students enrolled in LAW 407 will be enrolled in LAW 408 Appellate Litigation Clinic (Spring) in the subsequent Spring.

Important:

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

Clinics Enrollment Policy

Important:

Students are required to attend the clinic intensive training session. Students who have previously completed a clinic may skip some portions of the intensive.

International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

416.01

Children's Law Clinic 4-5 Crystal Grant, Peggy Nicholson Tu 2:00 PM-3:50 PM 4040 Site link LAW.416.01.F21@sakai.duke.edu

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

Important:

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

Ethics Requirement

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

417.01

Advanced Children's Law Clinic 3 Crystal Grant, Peggy Nicholson Site link LAW.417.01.F21@sakai.duke.edu

This two or 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. Supervisors will work with advanced students to develop an advanced experience that meets the interests of both the students and needs of the clinic. Students enrolled in advanced clinical studies are required to participate fully in the case work and/or policy portion of the clinic, performing a minimum of 100 hours (2 credits), 125 hours (3 credits) or 150 hours (4 credits) of client representation work, but will not be required to attend the class sessions. A classroom component is available for students using advanced clinic to satisfy their experiential learning requirement.

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

<p>Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

421.01

Pre-Trial Litigation 2 Marilyn Forbes Phillips, Thomas D. Schroeder W 4:00 PM-5:50 PM 3041 Site link LAW.421.01.F21@sakai.duke.edu

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

Topics  include:

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

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

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

422.01

Criminal Trial Practice 3 Thomas K. Maher Tu 6:00 PM-8:50 PM 4049 Site link LAW.422.01.F21@sakai.duke.edu

This is the basic trial skills course which for this semester will be taught virtually except that, conditions permitting, students who wish to try their case in person at the law school can do so.  The course covers Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Trial Preparation and Closing Argument. In sections of no more than 12 students per section, students prepare and perform the various skills using simulated problems and case files. After each performance, students receive constructive comments both in class and during individual video review meetings with faculty members who are also experienced trial lawyers. The course regularly meets Thursday from 4-7 pm.  However, the first four sessions will be an intensive program with classes Thursday and Friday evenings, and half days on Saturday and Sunday, January 28-31, After the intensive session, regular classes will be held at the time previously mentioned.  The course ends before what would have been spring break, 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 can watch the jury as it deliberates.

Methods of Evaluation
Pre/Co-requisites

<p class="x_MsoNormal" style="margin: 0in 0in 0.0001pt; font-size: 11pt; font-family: Calibri, sans-serif; color: rgb(32, 31, 30); background-color: rgb(255, 255, 255);"><span style="font-style: inherit; font-variant: inherit; font-weight: inherit; font-stretch: inherit; font-size: 10pt; line-height: inherit; font-family: Arial, sans-serif; color: rgb(70, 70, 70); background-color: white;">Law 245 Evidence is a pre-requisite for Criminal Trial Practice. This course is not open to students who are taking, or have taken, Law 420 Trial Practice.</span></p>

425.01

Pretrial Criminal Litigation

FAST TRACK: Class meets: 10/18 - 11/29

1 Jamie T. Lau M 10:30 AM-12:20 PM 4049 Site link LAW.425.01.F21@sakai.duke.edu

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

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

427.01

Community Enterprise Law Clinic 4 Andrew Foster Tu 2:00 PM-3:25 PM 3210 Site link LAW.427.01.F21@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 working with nonprofit organizations 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.

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 Law Clinic. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

429.01

Civil Justice Clinic 4 Charles R. Holton, Jesse McCoy Tu 4:00 PM-5:50 PM 4172 Site link LAW.429.01.F21@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, with the Consumer Protection Division of the North Carolina Attorney Generals’ office, and with the North Carolina Office of Administrative Hearings. Cases will focus on vindicating the rights of impoverished individuals or groups who cannot otherwise adequately find justice in the civil courts. 

Students will be directly supervised by the Clinic Director and/or Supervising Attorney and/or Legal Aid attorneys. Cases may include prosecuting unsafe housing claims, defense of eviction claims, prosecuting unfair trade practice and debt collection claims, administrative hearing appeals for the revocation of licenses/certifications, representation of domestic violence victims, and a variety of other civil matters. 

Initial classroom training in the various stages of civil litigation will be conducted by the Clinic Director and Supervising Attorney, followed by weekly individual or group meetings and training sessions. Skill development will include interviewing clients/witnesses, review of relevant documents/discovery, assessment of cases, drafting of pleadings, drafting of discovery, taking of depositions, recognition of ethics issues, and actual court or agency appearances. All enrolled students will be required to provide a minimum of 100 hours of client legal work per semester as well as to participate in the weekly class and training sessions. The CJC is typically taken for 4 credit hours, but with permission, it may be taken for 5 or 6 hrs. with additional minimum hour requirements.

Students must be in at least their third semester of law school to enroll in the Clinic. Courses in Evidence and/or Trial Practice are recommended but not required as prerequisites or corequisites.

Important:

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

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

<p>Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

435.01

First Amendment Clinic 4 Sarah H. Ludington, Amanda Martin Tu 2:00 PM-3:50 PM 4172 Site link LAW.435.01.F21@sakai.duke.edu

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

Important:

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

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

Ethics Requirement

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

<p><a href="/academics/course/265/">First Amendment</a> or <a href="/academics/course/771/">Defamation and Privacy</a> or <a href="/academics/course/768">Media Law</a> is a prerequisite or corequisite.</p>

435A.01

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

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

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

437.01

International Human Rights Clinic 4-5 Jayne Huckerby, Aya Fujimura-Fanselow Tu 4:00 PM-5:50 PM 4046 Site link LAW.437.01.F21@sakai.duke.edu

Students are required to have taken Human Rights Advocacy (offered only in the Fall) as either a pre-requisite or co-requisite. There is no ethics requirement for this course. Normally LL.M. students are only eligible for enrollment in the Clinic in the Spring semester, however those who are completing the LL.M. in Fall 2021 are also eligible for the Fall 2021 clinic; for all LL.M students, enrollment requires instructor permission and students should contact Prof. Huckerby to discuss eligibility requirements.

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

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

438.01

Advanced Human Rights Clinic Jayne Huckerby, Aya Fujimura-Fanselow Site link LAW.438.01.F21@sakai.duke.edu

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

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

441.01

Start-Up Ventures Clinic 4 Bryan McGann, Thomas Williams Tu 2:00 PM-3:50 PM 4044 Site link LAW.441.01.F21@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.

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

Important:

    • See Clinics Enrollment Policy
    • This course may not be dropped after the first class meeting.
    • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
    • International LLM students who wish to enroll in a clinic must seek the permission of the instructor prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
  • Business Associations and Advising the Entrepreneurial Client or Start-Up Law are recommended but not required.

Ethics Requirement

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

441A.01

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

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

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
None

443.01

Environmental Law and Policy Clinic 4 Ryke Longest, Michelle Benedict Nowlin Tu 2:00 PM-3:50 PM 4046 Site link LAW.443.01.F21@sakai.duke.edu

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

The ELPC will conduct its weekly seminars in person (masks required at all times), and will provide readings and short video modules for students to review in preparation for seminar discussions. Weekly case management meetings, as well as client meetings, will be conducted in person to the extent possible. Students who are ill or quarantined and unable to attend clinic seminar classes, should let the Office of Student Affairs know and they will work with you to find an alternate means for you to complete your classroom work. Accommodation will be made for those who need to engage in case management or client meetings via remote platforms.

Clinic Enrollment and Credit Policies

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

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

Ethics Requirement for Law Students

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

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

443A.01

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

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

Methods of Evaluation
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation
Pre/Co-requisites
None

445.01

Immigrant Rights Clinic 4-6 Shane Ellison, Kate Evans Tu 2:00 PM-3:50 PM 3171 Site link LAW.445.01.F21@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 litigation matters, such as removal proceedings in immigration court, administrative or federal appeals, or other legal claims, as well as work with community-based organizations in advocacy projects or outreach and education campaigns. Through a mix of individual and organizational representation, students will develop an integrated approach to promoting the rights of immigrants. Direct representation of individual clients will require students to develop skills in fact-development, client interviewing, affidavit drafting, expert opinion development, testimony preparation, legal briefing, and case planning that combines client narratives with long-term appellate strategies.  In working with organizational clients and partners, students may gather data and produce policy reports; develop accessible legal resources for immigrant families and their allies; and collaborate with grassroots organizers, policy-makers, pro bono counsel teams, and national advocacy groups.

Students are directly responsible for these cases and take the leading role in defining advocacy goals and strategies with their clients.  Through the clinic, students can build their litigation skills and develop a better understanding of how to engage in immigrant rights campaigns. The Immigrant Rights Clinic 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.

Clinics Enrollment Policy

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

Grading Basis: Graded

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539). Readings Course in Race &amp; Immigration Policy (Law 611.25) or Immigration &amp; Nationality Law (Law 351) prior to, or during enrollment in the Immigrant Rights Clinic. Evidence, Criminal Procedure, and Administrative Law are helpful but not required.</p>

<p class="x_MsoNormal" style="margin: 0in 0in 12pt; font-size: 11pt; font-family: Calibri, sans-serif; color: rgb(32, 31, 30); background-color: rgb(255, 255, 255);"> </p>

445A.01

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

Methods of Evaluation
Pre/Co-requisites
None

460.01

Negotiation for Lawyers 3 Marilyn Forbes Phillips M 4:00 PM-6:45 PM 3041 Site link LAW.460.01.F21@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.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  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 class.)  Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enroll before the second class occurs.  Thus, students may drop this course without permission only before the second class. 

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

 

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

460.02

Negotiation for Lawyers 3 Casandra L. Thomson Tu 2:00 PM-4:45 PM 4047 Site link LAW.460.02.F21@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.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  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 class.)  Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enroll before the second class occurs.  Thus, students may drop this course without permission only before the second class. 

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

 

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

460.03

Negotiation for Lawyers 3 Erika J.S. Buell W 4:00 PM-6:45 PM 4045 Site link LAW.460.03.F21@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.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  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 class.)  Students who are on the waitlist for the course are encouraged to attend the first class, and those who do will be given preference to fill open slots in the class.  There is a shortened drop period for this course so that students who are waitlisted can enroll before the second class occurs.  Thus, students may drop this course without permission only before the second class. 

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

 

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

460.04

Negotiation for Lawyers 3 Frances Turner Mock Tu 4:00 PM-6:45 PM 4055 Site link LAW.460.04.F21@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.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  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 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 Tu/Th 2:00 PM-3:25 PM 4000 Site link LAW.470.01.F21@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

473.01

Scholarly Writing Workshop 3 Rebecca Rich W 4:00 PM-5:50 PM 4172 Site link LAW.473.01.F21@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 substantial 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.

International LLM students must be pre-certified to enroll. Interested students should check with the Office of International Studies before enrolling.

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

473.02

Scholarly Writing Workshop 3 Sabrina Lee Th 4:00 PM-5:50 PM 3171 Site link LAW.473.02.F21@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 substantial 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.

International LLM students must be pre-certified to enroll. Interested students should check with the Office of International Studies before enrolling.

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

473.03

Scholarly Writing Workshop 3 Jeremy Mullem W 2:00 PM-3:50 PM 3171 Site link LAW.473.03.F21@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 substantial 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.

International LLM students must be pre-certified to enroll. Interested students should check with the Office of International Studies before enrolling.

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

493.01

Wrongful Convictions Clinic 4 James E. Coleman, Jr., Jamie T. Lau Tu 4:00 PM-5:50 PM 1178 Site link LAW.493.01.F21@sakai.duke.edu

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

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

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

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

<p>Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)</p>

494.01

Advanced Wrongful Convictions Clinic James E. Coleman, Jr., Jamie T. Lau Unavailable Requires available Sakai site

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
Pre/Co-requisites
None

501.01

Transnational Litigation in U.S. Courts 3 Laurence R. Helfer M/W 2:00 PM-3:25 PM 4045 Site link LAW.501.01.F21@sakai.duke.edu

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

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

506.01

Introduction to Alternative Dispute Resolution 1 Casandra L. Thomson Th 2:00 PM-3:05 PM 4055 Site link LAW.506.01.F21@sakai.duke.edu

This survey course will provide you with a comprehensive overview of the various alternatives to traditional litigation that are used to resolve civil disputes, including negotiation, mediation, arbitration, collaborative law, and other innovative processes. It is designed primarily for students who wish to gain a basic understanding of the variety of dispute resolution processes available when representing a client. Each week, you will have the opportunity to explore the theoretical basis for and practical operation of different ADR processes through class discussion and in-class exercises. We will also discuss ADR and culture, ODR, drafting ADR clauses in contracts, and dispute resolution system design. Required coursework will include readings, participating in in-class exercises, preparing entries in a weekly conflict resolution journal, and an end-of-semester project. By the conclusion of the course, you should be able to assist a client in choosing the most appropriate ADR process in light of the advantages and disadvantages of each, and will better understand a third-party neutral’s role in facilitating or fashioning a just resolution of a dispute. 

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

507.01

Federal Indigent Defense in Practice 2 Sarah Powell W 2:00 PM-3:50 PM 4044 Site link LAW.507.01.F21@sakai.duke.edu

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

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

This skills-based simulation course focuses on writing as an advocate for the accused and developing foundational practical skills and substantive legal knowledge needed to prepare a strong defense, with specific attention to direct criminal appeals from guilty pleas.  Substantive areas of focus will include challenging the validity of a guilty plea, overcoming waivers and unpreserved errors, common Fourth Amendment concerns arising from police searches and seizures, the government’s bread and butter charges in indigent cases: guns and drugs, and the U.S. Sentencing Guidelines. The course will also necessarily consider the intersection of race, poverty, and systemic discrimination in our system of justice.

Grading Basis: Graded

Methods of Evaluation
  • Simulated Writing, Litigation
  • Research and/or analytical paper(s), 5-10 pages
  • Group project(s)
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

510.01

Legal Interviewing & Counseling 2 Marie Grant Lukens Th 4:00 PM-7:00 PM 4042 Site link LAW.510.01.F21@sakai.duke.edu

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

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

511.01

International Criminal Law 3 Madeline Morris T/Th 8:55 AM-10:20 AM 4044 Site link LAW.511.01.F21@sakai.duke.edu

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

Grades will be based on the quality of weekly (3-page) briefings, practical simulations, and class participation.

Methods of Evaluation
  • Series of Short Analytical Papers
  • Practical exercises
  • Class participation
Pre/Co-requisites

<p>None</p>

514.01

Research Methods in Administrative Law 2 Jane Bahnson, Wickliffe Shreve W 2:00 PM-3:50 PM 4000 Site link LAW.514.01.F21@sakai.duke.edu

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

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

518.01

Constitutional Law II: Historical Cases and Contemporary Controversies 2 H. Jefferson Powell Tu 8:55 AM-10:45 AM 4046 Site link LAW.518.01.F21@sakai.duke.edu

Federal constitutional law is deeply shaped by its history. Many of our hot-button issues emerged in the early Republic: the specific questions are often different but the basic disagreements and arguments are startlingly modern.  The modern “canon” of US Supreme Court cases through which constitutional law is taught is an abstraction from this history.  Even if this is mostly unavoidable, the result is that in important ways our understanding of constitutional history, and thus of contemporary constitutional law as well, is distorted.  In this course we will look at a series of contemporary issues  - such as freedom of speech and religion, unenumerated rights, and federalism, through the lens provided by cases and controversies in the first century of the Constitution’s existence that for the most part have dropped out of our field of vision.  Our goal is not simply to develop a deeper understanding of the constitutional past but just as importantly to acquire fresh perspectives on contemporary law.

518.01.Fall2021-syllabus.docx16.27 KB

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

519.01

Contract Drafting 2 Lily Farel Th 4:00 PM-5:50 PM 4172 Site link LAW.519.01.F21@sakai.duke.edu

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

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

519.01.Fall2021-syllabus.docx23.45 KB

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

519.02

Contract Drafting 2 Christopher Hart M 10:30 AM-12:20 PM 3171 Site link LAW.519.02.F21@sakai.duke.edu

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

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

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

533.01

Government Enforcement and Global Corporate Compliance

*Synchronous online

2 Karen Popp M 8:55 AM-10:45 AM Online Site link LAW.533.01.F21@sakai.duke.edu

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

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

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

537.01

Human Rights Advocacy 2 Jayne Huckerby M 4:00 PM-5:50 PM 4055 Site link LAW.537.01.F21@sakai.duke.edu

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

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

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

540.01

Startup Law: Legal Considerations for Entrepreneurs and Counsel 3 Bryan McGann Tu/Th 8:55 AM-10:20 AM 4055 Site link LAW.540.01.F21@sakai.duke.edu

This course takes students through the legal issues likely to present themselves in the lifecycle of a high growth company from inception through acquisition (the typical liquidity event). Startup Law exposes students to the types of issues, questions and documentation that they encounter as a lawyer for an entrepreneurial venture, but also from the perspective of the entrepreneur. The course is a survey of entrepreneurial law considerations and will discuss policy considerations as the material and current events dictate. While some of the content related to legal considerations from the perspective of company counsel is similar to Law 534 Advising the Entrepreneurial Client, this does not satisfy the requirements for the JD/LLMLE. Students who have taken Law 534 may not take this class.  Business Associations highly recommended as a prerequisite but may be taken as a co-requisite. Final grade based on exam and in class participation.

Grading Basis: Graded

540.01.Fall2021-syllabus.docx25.57 KB

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

541.01

Nonprofit Organizations 3 Andrew Foster M/W 4:00 PM-5:25 PM 4042 Site link LAW.541.01.F21@sakai.duke.edu

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

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

550.01

Legal Issues of Cybersecurity and Data Breach Response 2 John Stark Th 2:00 PM-3:50 PM 3000 Site link LAW.550.01.F21@sakai.duke.edu

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

Grading Basis: Graded

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

552.01

Law and Governance in China 2 Shitong Qiao Tu 2:00 PM-3:50 PM 3000 Site link LAW.552.01.F21@sakai.duke.edu

Is there law in China? Does law matter in China? If yes, how does it work? The same as how law works in the U.S.? This seminar endeavors to understand law and governance in China. We will explore the following questions together: What is the constitutional and private legal foundation of Chinese economy? What roles has law played in the different stages of China’s market transition and different sectors of Chinese economy? China’s transformation from a planned economy to the arguably most capitalist country in the world, despite the absence of a well-functioning legal system, at least from the western perspective, raises numerous questions. Why do Chinese obey or not obey the law? How does law cope with a rapidly changing society? How does law interact with (both high and low) politics? This seminar covers both law on the books and law in action, emphasizes change and development in understanding law and governance, and takes China as a comparative case study to deepen our understanding of the fundamental nature of legal institutions.

Class participation: 10%; 2 response papers (1 page per paper): 20%; final paper (18 pages minimum): 70%. JD students have an option to write a longer paper (30 pages minimum) including extensive research and original ideas to satisfy their writing requirements. Please seek the instructor's approval for this writing credit by the end of October. 

Grading Basis: Graded

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

556.01

Second Amendment: History, Theory, and Practice 2 Jake Charles Tu 10:30 AM-12:20 PM 4044 Site link LAW.556.01.F21@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 in-class participation and a choice between six short reaction papers or one thirty-page paper.

Methods of Evaluation
Pre/Co-requisites
None

558.01

Foreign Anti-Bribery Law 2 Rachel Brewster W 10:30 AM-12:20 PM 4046 Site link LAW.558.01.F21@sakai.duke.edu

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

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

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

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

558W.01

Foreign Anti-Bribery Law, Independent Study 2 Rachel Brewster Unavailable Requires available Sakai site

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

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

562.01

Sentencing & Punishment 2 Judge James C. Dever III, Arthur F. Beeler, Jr. W 6:00 PM-7:50 PM 4055 Site link LAW.562.01.F21@sakai.duke.edu

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

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

563.01

Corporate Restructuring and Chapter 11 Bankruptcy 2 Zachary Smith, Alan Pope M 8:55 AM -10:45 AM 4055 Site link LAW.563.01.F21@sakai.duke.edu

This experiential learning course is designed to expose students to the practical, “on-the-ground,” and “real world” skills needed to advise clients in complex and fast-paced corporate restructuring and Chapter 11 business reorganization matters, and to develop an introductory working knowledge of key issues and topics often presented in modern-day restructuring practice. The course will involve several substantive lectures, thoughtfully selected reading assignments to be discussed in depth during class sessions, simulations in which students take on different role-play exercises involving a distressed company and its stakeholders, preparation of written strategy memoranda as part of the simulation exercises, and guidance and constructive feedback from the course instructors. Students will also hear from prominent guest speakers who will provide practical insights and observations from their careers in the restructuring industry. 

 

Grading Basis: Graded

Methods of Evaluation
  • Simulated Writing, Transactional
  • Practical exercises
  • Class participation
Pre/Co-requisites
None

570.01

Criminology and Criminal Procedure 2 Ben K. Grunwald Th 8:55 AM-10:45 AM 4172 Site link LAW.570.01.F21@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

573.01

Shaping Law and Policy: Advocacy and the Affordable Care Act 2 Thomas Miller W 10:30 AM-12:20 PM 4044 Site link LAW.573.01.F21@sakai.duke.edu

This seminar will examine how legal advocacy shapes law and public policy at the federal level, with particular emphasis on the last decade+ of history under the Affordable Care Act (ACA). It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies. Each weekly seminar will focus on one or two of the health policy issues addressed in the ACA, across its various stages of development and evolution. Topics will include the individual mandate, Medicaid expansion, state waivers, insurance exchanges, insurance coverage requirements, and insurer risk protections, as well as broader legal issues involving administrative rulemaking, constitutional rights, federalism, statutory history, standing, and severability, Our class will examine how attorneys and their allies can play either offense or defense, or even switch roles, as the later stages of policy debates shift. The ACA provides an organizing context for illustrating how Washington-oriented attorneys and related legal advocates operate, while offering a quick introduction to a host of contemporary issues in health law and policy. The seminar will provide a balanced representation of efforts by ACA defenders, opponents, and those in-between as they engaged in various regulatory and litigation activities to advance, negate, or alter the law’s original intentions. Study of the diverse and often-shifting legal problems encountered by a single industry, particularly one as important and complex as health care, may appeal to students generally interested in public policy and in law and economics, not just health care, as well as those interested in sharpening their skills in legal advocacy through involvement in litigation and administrative rulemaking. Relatively early selection of potential paper topics is advised.   

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

575.01

Securities Litigation and Enforcement in Practice 2 Emily N. Strauss Tu 8:55 AM-10:45 AM 4172 Site link LAW.575.01.F21@sakai.duke.edu

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

Grading Basis: Graded

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

582.01

National Security Law 3 Charles J. Dunlap, Jr., Shane Stansbury M 6:00 PM-8:45 PM 4000 Site link LAW.582.01.F21@sakai.duke.edu

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

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

The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020) ISBN9781543806793 as well as the National Security Law and Counterterrorism Law 2021-2022 Supplement. Other materials may be provided as necessary.  The instructors will use episodes from their extensive careers in government to illustrate issues, and offer practical, real-world perspectives.

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

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

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

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

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

<p><a href="/academics/course/120">LAW 120 CONSTITUTIONAL LAW</a> is highly recommended, but not required, as a prerequisite for one-year LLM students.</p>

590.01

Risk Regulation in the US, Europe and Beyond 2 Jonathan B. Wiener Tu 2:00 PM-3:50 PM 4055 Site link LAW.590.01.F21@sakai.duke.edu

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

Across these diverse contexts, the course focuses on how regulatory institutions deal with the challenges of risk assessment (technical expertise), risk perceptions (public concerns and values), priority-setting (which risks should be regulated most), risk management (including the debates over "precaution" versus benefit-cost analysis, and risk-risk tradeoffs such as countervailing harms and co-benefits), and ongoing evaluation and updating.  It examines the rules and institutions for risk regulation, including the roles of legislative, executive/administrative, and judicial functions; the challenge of fragmentation and integration; the roles of oversight bodies (such as judicial review by courts, and executive review by US OMB/OIRA and the EU RSB); and the potential for international regulatory cooperation.

The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and beyond (especially those countries of interest to the students in the course each year).  It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and how regulatory systems can learn to do better.

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

This course is Law 590, cross-listed as Environ 733.01 and PubPol 891.01.  Graduate and professional students from outside the Law School should enroll via those Environ and PubPol course numbers, and may contact the Nicholas School registrar, Erika Lovelace, e.love@duke.edu , or the Sanford School registrar, Anita Lyon, anita.lyon@duke.edu , with any questions about enrollment.  (The Law School does not use “permission numbers.”)

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

591.01

Development Finance

FAST TRACK: M - 10/11; 10/18; and 10/25: W - 10/13; 10/20; and 10/27 (One Wednesday class- 10/13 - also meets 12:30 PM-1:50 PM)

1 Manuel Sager M/W 8:55 AM-10:45 AM 4172 Site link LAW.591.01.F21@sakai.duke.edu

The Course will provide an overview of development challenges in Low and Middle-Income Countries - exacerbated by the COVID-19 pandemic - and the shared global responsibility under the UN Agenda 2030 to reconcile economic, social, and ecological objectives. It will focus on the roles of and partnerships between actors of development finance, such as government agencies, multilateral development banks, foundations, NGOs, and impact investors; and it will familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms. The Course will also address critical views on aid effectiveness as well as domestic and foreign policies in developed countries that are in conflict with development assistance.

Requirements for one credit:

- Two 3-page essays: the first to be submitted on or before October 13, 2021 (15% of final grade); the second to be submitted on or before October 26, 2021 (15% of final grade);

- One 10-page paper to be submitted on or before December 10, 2021 (40% of final grade);

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

- There will be no final exam.

Requirements for a second credit (optional):

- Online presentation to professor of approx. 25 minutes

- Topic in the field of Development Finance proposed by student

- Time of presentation between November 1st and 26th, 2021 (date to be determined by student and professor)

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

- Grading: pass/fail

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

593.01

Sexuality and the Law 2 Juliette Duara W 10:30 AM-12:20 PM 3000 Site link LAW.593.01.F21@sakai.duke.edu

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

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

611.06

Readings in Ethics: Race and Criminal Justice in the United States through the lens of OJ: Made in America 1 James E. Coleman, Jr. TBD Site link LAW.611.06.F21@sakai.duke.edu

The seminar will meet six times over the course of the semester. In each of the first five meetings, we will watch and discuss an episode of the documentary. The class will be divided into teams of two with each team responsible for leading the discussion of an episode. For the final meeting, we will discuss lessons learned; each team will write a ten-page paper on the topic, which will be due the week before our sixth meeting. I would like to schedule the class meetings for 6:00 p.m. to 8:30 p.m. on Wednesday or Thursday. After registration, I will ask students to indicate which time they prefer. I will schedule our meetings at the time that will accommodate the most students, up to the maximum number enrolled in the course.

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

611.11

Transgender Issues

*Readings: Transgender Issues (Online Course)

1 Ames Simmons Tu 10:30 AM -11:55 AM Online Site link LAW.611.11.F21@sakai.duke.edu

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

This Readings section counts as a PIPS elective.

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

611.19

Readings

*Readings: The Guantanamo Conundrum

1 Madeline Morris Th 2:00 PM-3:25 PM 4040 Site link LAW.611.19.F21@sakai.duke.edu

The detention of suspected terrorists at Guantanamo Bay Naval Base has been ongoing for eighteen 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.

Grades will be based on weekly reflection papers and class participation.

This course will meet for the first seven weeks of classes.

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

611.25

Readings: Race & Immigration Policy

*Readings: Race & Immigration

1 Shane Ellison, Kate Evans F 10:30 AM - 11:45 AM 4044 Site link LAW.611.25.F21@sakai.duke.edu

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

Students must take this course, or U.S. Immigration and Nationality Law (LAW 351), prior to or during enrollment in the Immigrant Rights Clinic.

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

611.26

Readings: Issues in Cryptocurrency Law and Policy

*Readings: Cryptocurrency

1 Lee Reiners M 2:00 PM - 3:25 PM 4000 Site link LAW.611.26.F21@sakai.duke.edu

This one-credit readings class will allow students who are interested in cryptocurrency and blockchain technology to learn more about them and the associated legal and policy issues. We will explore the emerging legal landscape around cryptocurrencies, looking at crypto’s use in crime; the application of money transmission laws; the Initial Coin Offering phenomenon and Bitcoin-based investment products; the CFTC’s classification of Bitcoin as a commodity; taxation of cryptocurrencies; governance and accountability challenges for decentralized systems like cryptocurrencies; and other emerging legal issues, such as how to regulate decentralized finance (DeFi) applications. This course will be of interest to students who want to advise fintech/crypto startups or who are otherwise just interested in learning more about the fascinating world of cryptocurrency.

The class will meet in eight 95-minute sessions, weekly starting on August 25 and ending on October 13. One short writing assignment is required to be submitted at the end of the class.

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

611.35

Readings: Theranos: Leadership, Corporate Governance and Ethics

Theranos: Leadership, Corporate Governance and Ethics

1 Erika J.S. Buell Tu 10:55 AM - 12:20 PM 3171 Site link LAW.611.35.F21@sakai.duke.edu

This one-credit Readings class will focus on the rise and fall of Theranos under the leadership of its founder, Elizabeth Holmes. Through readings and discussion, students will examine the story of Theranos, primarily through Wall Street Journal writer John Carreyrou’s book, Bad Blood, and consider the decisions made both by the company’s leadership and affiliated lawyers. We will look at the company’s corporate governance model (including investor base and board composition), consider the ethical obligations and conduct of the lawyers and analyze Elizabeth’s Holmes’ leadership using Frances Frei and Anne Morriss’ “leadership trust triangle.” Particular attention will be given startup culture, the cult of the founder and our own sense of ethical lawyering in challenging circumstances. This course should be particularly interesting to students planning to practice in the emerging companies/venture capital space and for anyone interested in serving as corporate counsel.

Prerequisite: Business Associations.

The class will meet in [eight, 85-minute sessions, weekly starting on August 25 and ending on October 13, on Tuesdays from 10:55am to 12:20pm.] Three short reflection papers will be required. No exam or long paper is required.

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

611.36

Readings: The School-to-Prison pipeline

*Readings: The School-to-Prison Pipeline

1 Crystal Grant, Peggy Nicholson F 10:30 AM - 12:15 PM 4046 Site link LAW.611.36.F21@sakai.duke.edu

Course Overview: In the United States, the school-to-prison pipeline is a national crisis wherein students have been increasingly funneled from schools into the criminal legal system. The policies and practices that fuel the school-to-prison pipeline disproportionately impact students of color and students with disabilities, as well as students facing poverty and other social factors. This readings course will examine the school-to-prison pipeline and related topics such as school discipline, school policing, mass incarceration, and juvenile justice. Students will also discuss and evaluate legal and policy solutions to dismantling the pipeline.

Class Format & Participation: This class will meet weekly to discuss the assigned readings. Students are expected to attend all seven classes and participate in discussions and class activities.

Class Format & Grading: Grading is Credit/No Credit, and there will be no final paper or exam, but attendance and participation at each session is mandatory. To help prepare for our discussions, students are required to write a brief (1-2 page) reaction paper in advance of each class. Reaction papers should engage with some of the themes in the assigned readings, and they offer an opportunity to raise a question, curiosity, or observation that can jump start our class discussion. Reaction papers should be uploaded onto the course’s Sakai site before 7:00pm the evening before class.

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

611AB.01

Readings: National Security

*Year-Long Course

0.5 Charles J. Dunlap, Jr. TBD Site link LAW.611A.01.F21@sakai.duke.edu

This seminar is a one-credit, pass-fail seminar that will meet at least six times over the course of the 2021–2022 academic year. The seminar is designed for those with an interest in U.S. national security law practice issues, and especially students with little or no background in the area. It will introduce some of the ethical issues confronting young lawyers as they try to navigate today's national security environment as a military or civilian attorney practicing in the U.S. government, a member of a law firm, or as a counsel for a corporation or non-governmental organization.

We will consider, for example, how the existing rules of professional conduct may (or may not) apply in the national security law setting, and examine specific cases of problematic behavior by lawyers. We will also address the practical issues of dealing with clients in very high-stress situations, as well as the "work-life" balance in this area of practice.

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

Readings will include various case studies, law journal articles, and other relevant material. A film will also be part of the curriculum. The instructor may augment his own experience with guest discussants. During the 2021–2022 academic year the seminar will place special emphasis on the challenges occasioned by the integration of artificial intelligence into the national security enterprise.

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

The meetings for the fall of 2021 will take place from 3:30 p.m. to 5:30 p.m. on the Sunday afternoons of September 12th and 26th, October 24th, and November 7th. The session on November 7th will go from 3:30 p.m. to 6:30 p.m. as we will show the movie, Eye in the Sky, and have a discussion about it. The dates for the spring of 2022 will be discussed once the seminar in assembled. All dates are subject to change.

If Law School rules permit, the sessions of the seminar (except for the movie session which will take place at the Law School) will take place at Maj. Gen. Dunlap’s home (about ten minutes from the Law School), with Mrs. Dunlap being the hostess. Refreshments and snacks will be served so long as allowed by the rules prevailing at the time.

Methods of Evaluation
Pre/Co-requisites
None

611AB.02

Readings: Judicial Biography

Readings: Judicial Biography

0.5 Thomas B. Metzloff TBD Site link LAW.611A.02.F21@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

621.01

Externship Anne Gordon Site link LAW.621.01.F21@sakai.duke.edu

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

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

Variable credit. With permission only.

Methods of Evaluation
Pre/Co-requisites
None

621S.01

Externship Seminar 1 Anne Gordon T 6:00 PM-8:00 PM 4045 Site link LAW.621S.01.F21@sakai.duke.edu

Experiential education is an essential part of Duke Law School’s innovative curriculum.  The Externship Program is designed to allow a student to receive academic credit for gaining legal experience beyond what is available in the classroom and clinic settings by working under the supervision of a licensed attorney in a governmental, corporate, judicial, or non-profit law office.  In addition to the hours spent working in the externship placement, first-time externs take this one-credit companion class.  This class course applies the innovation principles of design thinking to the problem of designing your life and vocation in and beyond law school.  We'll approach questions such as, “Once I have my law degree, how do I get a life?” “How do I synthesize what I like to do and what I’m good at?” and “What do I want out of life and work after school?”

Topics we’ll cover include the integration of work and worldview, the realities of engaging the workplace and what can hold you back from realizing your full potential, how to promote your own happiness, and how to set long- and short-term goals for getting the most out of your externship and beyond. This is an experiential course that includes readings, videos, seminar-style discussions, personal written reflections, and individual mentoring/coaching.

Credit for work in the externship placement (621) will be awarded on a Credit/No Credit basis, while the companion class (621S) is graded in accordance with the Duke Law grading policy for High-Pass / Pass / Low-Pass / Fail classes. 

This seminar is REQUIRED for all first-time, part-time Externships.

Grading Basis: Graded

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

634.01

LLMLE Practicum for 3L JD-LLMLEs 3 Erika J.S. Buell 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

636.01

Food, Agriculture and the Environment: Law & Policy 2 Lee Miller Tu 10:30 AM-12:20 PM 4055 Site link LAW.636.01.F21@sakai.duke.edu

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

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

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

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

 

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

639.01

Movement Lawyering Lab: Law for Black Lives 3 Anne Gordon 4040 Site link LAW.639.01.F21@sakai.duke.edu

This three-credit integrated externship will immerse students in the theory, practice, and politics of movement lawyering.  The course proceeds in two parts: a weekly seminar and field work.  In the seminar, students learn the foundations and tactics of movement activism, and discover how lawyers work with social movements to build power and create change.  In the field work portion, students are paired with lawyers and organizers from around the United States to produce legal analyses, policy papers, legislative reviews, rapid response documents, outreach materials, and more.  All of our work is led by community organizations and activists working in directly-impacted communities, with a special emphasis on racial and LGBTQ+ justice.

Course enrollment is by application.  Students interested in applying for the course should submit a statement of interest about their background, why they would like to enroll in the course, and how they plan to use the skills they learn in the course.  Please also write a response to the following: “talk about a time you did something that you once thought was impossible.”  Statements should be sent to Bobbi Pabon, bobbi.pabon@duke.edu, no later than 5 pm on August 2nd.  The seminar will meet weekly at a mutually-agreed-upon time and place.

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

677.01

Duke Law in DC: Rethinking Federal Regulation 4 Stephen E. Roady Site link LAW.677.01.F21@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

710.02

Derivatives: Financial Markets, Law and Policy 3 Gina-Gail S. Fletcher M/W 2:00 PM-3:25 PM 4055 Site link LAW.710.02.F21@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.

Final grades are based on a final exam and in class participation.

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

Students must have taken or be currently taking Big Bank Regulation and/or Securities Regulation and/or Corporate Finance.

713.01

Corporate Social Responsibility and Social Entrepreneurship 2-3 Ofer Eldar W 4:00 PM-5:50 PM 4044 Site link LAW.713.01.F21@sakai.duke.edu

In recent years, there has been growing pressure on profit-seeking corporations to address social problems, such as inequality and climate change. This class will critically evaluate the law and policies underlying recent developments that have allowed or required firms to take on a more active role in social and environmental issues. The class covers a range of topics, including the economic structure of nonprofit firms, the debate on corporate purpose and the profit-maximization norm, the rise of ESG investing, the proliferation of new legal hybrid forms, recent developments in the law of managerial fiduciary duties, the role of microfinance and fair trade in promoting development, and tax and subsidy policies to encourage corporations to pursue social goals, including the recent Opportunity Zone program. The inquiry will focus primarily on what types of structures best align investors’ interest in profit-making with different social purposes. 

To be enrolled in the class, students must either take Business Association in the same semester, or have taken it in the past.  

Student enrolled in the three-credit option need to write a research paper (in satisfaction of the JD Substantial Research and Writing Requirement or the International LLM Substantial Research Paper Requirement) in addition to doing the take-home exam.  The additional credit will count towards the Independent Study Research Credit Limit (Rule 3-12).

The take-home exam will be comprised of questions relating to a real or imaginary business structure or transaction that involves social issues. The exam will be made available on December 6, and the deadline for submitting it will be December 19.

Grading Basis: Graded

Methods of Evaluation
  • Final Exam
  • Research paper option, 25+ pages
  • Class participation
Pre/Co-requisites

To be enrolled in the class, students must either take Business Association in the same semester, or have taken it in the past.

716.01

CyberSecurity, Privacy and Government Surveillance

Class meets at the Sanford School of Pulblic Policy

3 David Hoffman Tu/Th 10:15 AM-11:45 AM Sanford Unavailable Requires available Sakai site

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).

 

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

722.01

International Business Law 3 Rachel Brewster Tu/Th 2:00 PM-3:25 PM 4045 Site link LAW.722.01.F21@sakai.duke.edu

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

GRADING: Grades are based on an exam.

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

760.01

Practitioner's Guide to Employment Law

FAST TRACK - Class meets: 9/9; 9/23; 9/30; 10/21; 10/28; and 11/11

1 Gray McCalley, Jr. Th 4:00 PM-6:00 PM 4044 Site link LAW.760.01.F21@sakai.duke.edu

This a practitioner’s skills course. 

It is designed to introduce students to practitioner skills against a backdrop of some of the main employment law issues that arise on a frequent basis in the American workplace.

Using a variety of approaches to instruction including mock exercises, outside speakers, writing exercises (such as drafting communications to government agencies or corporate clients), and drawing from current developments in the law, the student will become familiar with basic concepts underlying employment law and, equally importantly, the practice skills involved in delivering legal advice and counsel about the issues presented.

While the focus will be on representing an employer, students will explore issues from the perspective of the employee and compliance enforcers.  Through this course, students will attain practical familiarity with providing legal advice which can be applied in any business context. 

760.01.Fall2021-syllabus.docx20.6 KB

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

771.01

Defamation and Invasion of Privacy 3 H. Jefferson Powell M/W 8:55 AM-10:20 AM 4044 Site link LAW.771.01.F21@sakai.duke.edu

American law attempts to protect individual interests in personal dignity and to guarantee a robust system of free expression. Both concerns are implemented, in part, through the common law of dignitary torts, and US constitutional law addresses their overlap and potential conflict. This course will cover the torts of defamation, invasion of privacy, and intentional infliction of emotional harm, and the related constitutional doctrines that the Supreme Court has developed since 1964.

771.01.Fall2021-syllabus.docx20.18 KB

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

775.01

Corporate Ethics 1 J. Scott Merrell M 6:00 PM-7:50 PM 4046 Site link LAW.775.01.F21@sakai.duke.edu

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

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

778.01

Law & Entrepreneurship 2 Erika J.S. Buell, Brantley Boyett W 8:55 AM-10:20 AM 4040 Site link LAW.778.01.F21@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

789.01

Writing: Federal Litigation 2 Melissa Hanson W 10:30 AM-12:20 PM 4040 Site link LAW.789.01.F21@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