Spring 2021 Class Schedule

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

120.02

Constitutional Law
1L A
4.5 Joseph Blocher MWTh 2:00 PM-3:25 PM Site link LAW.120.02.Sp21@sakai.duke.edu

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

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

120.03

Constitutional Law
1L B
4.5 Neil S. Siegel MWTh 2:00 PM-3:25 PM Site link LAW.120.03.Sp21@sakai.duke.edu

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

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

120.04

Constitutional Law
1L C
4.5 Ernest A. Young MWTh 2:00 PM-3:25 PM Site link LAW.120.04.Sp21@sakai.duke.edu

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

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

140.03

Criminal Law
Small Sections 5 & 6
4.5 Nita A. Farahany MWTh 9:00 AM-10:25 AM Site link LAW.140.03.Sp21@sakai.duke.edu

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

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

140.04

Criminal Law
Small Sections 7 & 8
4.5 Ben K. Grunwald MWTh 9:00 AM-10:25 AM Site link LAW.140.04.Sp21@sakai.duke.edu

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

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

160AB.01

Legal Analysis, Research & Writing 4 Casandra L. Thomson, Jane Bahnson Tu/F 11:10 AM-12:20 PM Site link LAW.160B.01.Sp21@sakai.duke.edu

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

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

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

160AB.02

Legal Analysis, Research & Writing 4 Melissa Hanson, Michael McArthur Tu/F 11:10 AM-12:20 PM Site link LAW.160B.02.Sp21@sakai.duke.edu

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

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

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

160AB.03

Legal Analysis, Research & Writing 4 Jeremy Mullem, Deanne Morgan Tu/F 11:10 AM-12:20 PM Site link LAW.160B.03.Sp21@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 Emily N. Strauss, Laura M. Scott Tu/F 11:10 AM-12:20 PM Site link LAW.160B.04.Sp21@sakai.duke.edu

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

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

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

160AB.05

Legal Analysis, Research & Writing 4 Jo Ann Ragazzo, Wickliffe Shreve Tu/F 11:10 AM-12:20 PM Site link LAW.160B.05.Sp21@sakai.duke.edu

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

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

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

160AB.06

Legal Analysis, Research & Writing 4 Rebecca Rich, Casandra Laskowski Tu/F 11:10 AM-12:20 PM Site link LAW.160B.06.Sp21@sakai.duke.edu

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

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

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

160AB.07

Legal Analysis, Research & Writing 4 Kendall Gray, Rachel Gordon Tu/F 11:10 AM-12:20 PM Site link LAW.160B.07.Sp21@sakai.duke.edu

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

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

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

160AB.08

Legal Analysis, Research & Writing 4 Sarah Powell, Deanne Morgan Tu/F 9:45 AM-10:55 AM Site link LAW.160B.08.Sp21@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

1L elective

4 Kathryn Webb Bradley MWTh 11:00 AM-12:15 PM Site link LAW.170.01.Sp21@sakai.duke.edu

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

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

170.03

Property

1L elective

4 Jonathan B. Wiener MWTh 11:00 AM-12:15 PM Site link LAW.170.03.Sp21@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

180.05

Torts
Small Sections 1 & 3
4.5 Deborah A. DeMott MWTh 9:00 AM-10:25 AM Site link LAW.180.05.Sp21@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

180.06

Torts
Small Sections 2 & 4
4.5 Michael D. Frakes MWTh 9:00 AM-10:25 AM Site link LAW.180.06.Sp21@sakai.duke.edu

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

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

200.02

Administrative Law 3 Matthew Adler M/W 10:55AM-12:20 PM Site link LAW.200.02.Sp21@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.

200.02.Spring2021-syllabus.pdf217.25 KB

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

206.01

International Arbitration 2 Ryan Mellske Th 4:00 PM-5:50 PM Site link LAW.206.01.Sp21@sakai.duke.edu

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

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

207.01

Sports and the Law 3 Paul H. Haagen TuTh 4:00 PM-5:25 PM Site link LAW.207.01.Sp21@sakai.duke.edu

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

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

210.04

Business Associations 4 Kimberly D. Krawiec MWTh 4:00 PM-5:15 PM Site link LAW.210.04.Sp21@sakai.duke.edu

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

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

210.07

Business Associations 4 Gina-Gail S. Fletcher MWTh 11:00 AM-12:15 PM Site link LAW.210.07.Sp21@sakai.duke.edu

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

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

220.01

Conflict of Laws 3 Stephen E. Sachs M/W 10:55 AM-12:20 PM Site link LAW.220.01.Sp21@sakai.duke.edu

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

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

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

225.01

Criminal Procedure: Adjudication 3 Judge James C. Dever III TuTh 6:00 PM-7:25 PM Site link LAW.225.01.Sp21@sakai.duke.edu

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

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

226.01

Criminal Procedure: Investigation 3 Lisa Kern Griffin TuTh 2:00 PM-3:25 PM Site link LAW.226.01.Sp21@sakai.duke.edu

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

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

229.01

State and Local Government Law 3 Darrell A. H. Miller M/W 2:00 PM-3:25 PM Site link LAW.229.01.Sp21@sakai.duke.edu

Much of the business of governing takes place at the state and local level, rather than on the federal level. Competent attorneys must consider the effect that various state and local actors will have on their clients' interests, whether they represent large corporations, small franchises, or individuals. This course is designed to offer an overview of the issues concerning state and local governance from both a theoretical and practical perspective. The course will acquaint students with the broad issues surrounding state and local government, rather than focus on any particular state or municipality. Among the topics of discussion: state constitutional law, structure, and rights; distribution of authority between federal, state, and local governments; federal, state, and local government coordination and conflict; issues surrounding state and local provision of services and employment; state and municipal governance and oversight, and the role of localism and direct democracy in our constitutional structure. Evaluation will be based on class participation, class exercises, and an examination.

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

232.01

Employment Discrimination 3 Trina Jones TuTh 10:55 AM-12:20 PM Site link LAW.232.01.Sp21@sakai.duke.edu

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

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

238.02

Ethics and the Law of Lawyering 2 Amanda Schwoerke Tu 2:00 PM-3:50 PM Site link LAW.238.02.Sp21@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

245.01

Evidence 4 Donald H. Beskind MWTh 2:00 PM-3:15 PM Site link LAW.245.01.Sp21@sakai.duke.edu

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

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

255.01

Federal Income Taxation 4 Richard L. Schmalbeck MWTh 10:55 AM-12:20 PM Site link LAW.255.01.Sp21@sakai.duke.edu

An introduction to federal income taxation, with emphasis on the determination of income subject to taxation, deductions in computing taxable income, the proper time period for reporting income and deductions, and the proper taxpayer on which to impose the tax.

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

265.01

First Amendment 3 Stuart M. Benjamin TuTh 10:55 AM-12:20 PM Site link LAW.265.01.Sp21@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

270.02

Intellectual Property 4 Jennifer Jenkins MWTh 4:00 PM-5:25 PM Site link LAW.270.02.Sp21@sakai.duke.edu

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

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

275.01

International Law 3 Laurence R. Helfer M/W 10:55 AM-12:20 PM Site link LAW.275.01.Sp21@sakai.duke.edu

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

275.01.Spring2021-syllabus.pdf243.96 KB

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

288.01

Consumer Bankruptcy & Debt 2 Sara Sternberg Greene W 10:30 AM-12:20 PM Site link LAW.288.01.Sp21@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

290.01

Remedies 3 Marin K. Levy M/W 9:20 AM-10:45 AM Site link LAW.290.01.Sp21@sakai.duke.edu

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

290.01.Spring2021-syllabus.pdf188.43 KB

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

295.01

Trusts and Estates 3 Doriane Lambelet Coleman TuTh 10:55 AM-12:20 PM Site link LAW.295.01.Sp21@sakai.duke.edu

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

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

300.01

U.S. Legal Analysis, Research and Writing for International Students 2 Phyllis Lile-King TuTh 11:00 AM-12:00 PM Site link LAW.300.01.Sp21@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 James Stuart MW 7:50-8:50 AM 4047 Site link LAW.300.02.Sp21@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

302.01

Appellate Courts 2 Marin K. Levy Tu 10:30 AM-12:20 PM Site link LAW.302.01.Sp21@sakai.duke.edu

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

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

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

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

302.01.Spring2021-syllabus.pdf265.06 KB

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

306.01

Corporate Crime 4 Samuel W. Buell MWTh 2:00 PM-3:15 PM Site link LAW.306.01.Sp21@sakai.duke.edu

This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice. The course will give students a first exposure to: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers involved in potential criminal violations (and certain civil analogues), and 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 course pack and occasional handouts. Assigned readings average 30 pages per class meeting, with less case law and more fact-based practice documents and commentary than with a typical case book. In spring 2021, some asynchronous recorded lectures will be provided and that time will be subtracted from remote live class meetings.  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

312.01

Cybercrime 2 Shane Stansbury Tu 8:55 AM-10:20 AM Site link LAW.312.01.Sp21@sakai.duke.edu

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

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

315.01

Complex Civil Litigation 3 David W. Ichel M 5:10 PM-8:20 PM Site link LAW.315.01.Sp21@sakai.duke.edu

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

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

317.01

Criminal Justice Ethics 2 S. Hannah Demeritt Th 10:30 AM-12:20 PM Site link LAW.317.01.Sp21@sakai.duke.edu

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

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

320.01

Water Resources Law 2 Ryke Longest Th 2:00 PM-3:50 PM Site link LAW.320.01.Sp21@sakai.duke.edu

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

 

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

321.01

The Law and Policy of Innovation: the Life Sciences 3 Arti K. Rai M/W 9:20 AM-10:45 AM Site link LAW.321.01.Sp21@sakai.duke.edu

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

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

325.01

Corporate Finance

Hybrid

3 Elisabeth D. de Fontenay M/W 2:00 PM-3:25 PM Site link LAW.325.01.Sp21@sakai.duke.edu

This course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has blurred. Whether negotiating a merger agreement, acquisition, or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side-by-side. Lawyers with an appreciation of the basics of corporate finance gain a distinct advantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages.

Topics include: the time value of money; the relation between risk and return; the workings and efficiency of capital markets; behavioral finance; valuing perpetuities and annuities; valuing corporate securities (stock, bonds, and options); valuing businesses as a going concern; optimal capital structure and dividend policies; debt covenants and other lender protections; derivatives; and the application of these principles to legal practice.

[This course serves as a prerequisite for Corporate Restructuring and Venture Capital and Private Equity, two courses offered at the Fuqua School of Business and cross-listed in the Law School.]

Spring 2021

Format: SUBJECT TO PUBLIC HEALTH GUIDANCE, THIS COURSE WILL BE OFFERED IN A HYBRID FORMAT. Students may choose to attend in person on a rotating basis or to participate on a fully remote basis.

Grading: The course grade will be based on: (i) a final examination, (ii) class participation, and (iii) quizzes, problem sets, or other short assignments.

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

326.01

Corporate Taxation 3 Lawrence A. Zelenak TuTh 10:55 AM-12:20 PM Site link LAW.326.01.Sp21@sakai.duke.edu

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

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

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

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

328.01

International Debt Finance (and Sovereign Debt Crises) 2 Mitu Gulati Tu 5:30 PM-7:30 PM Site link LAW.328.01.Sp21@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

328P.01

International Debt Finance Add-on Credit 1 Mitu Gulati Site link LAW.328P.01.Sp21@sakai.duke.edu

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

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

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

330.01

Federal Criminal Law 4 Sara Sun Beale M/W 4:00 PM-5:50 PM Site link LAW.330.01.Sp21@sakai.duke.edu

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

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

Each student will participate in two mock appellate cases, once as a judge and once as an advocate. The course grade will be based on class participation, the mock cases, and a take-home examination, allocated as follows:

Points/Approximate percentage of final grade

  • 25 argument #1 28%
  • 25 argument #2 28%
  • 30 take-home exam 33.3%
  • 10 class participation 11%

The maximum for each argument is 25 points, allocated as follows:

Advocates:

  • 15 points: written summary of argument
  • 10 points: for the oral presentation (substance and style)

Judges:

  • 5 points: written questions
  • 10 points: written preliminary disposition
  • 5 points: writing (questions and summary disposition)
  • 5 points: oral questions & final explanation of the decision at the close of the arguments

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

331.01

Introduction to Privacy Law and Policy 3 Jolynn Childers Dellinger TuTh 2:00 PM-3:25 PM Site link LAW.331.01.Sp21@sakai.duke.edu

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

Grading Basis: Graded

331.01.Spring2021-syllabus.docx35.63 KB

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

334.01

Civil Rights Litigation 3 Darrell A. H. Miller M/W 9:20 AM-10:45 AM Site link LAW.334.01.Sp21@sakai.duke.edu

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

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

335.01

Private Equity and Hedge Funds

Hybrid

3 Elisabeth D. de Fontenay M/W 10:55 AM-12:20 PM Site link LAW.335.01.Sp21@sakai.duke.edu

The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention since the global financial crisis of 2008-2009. Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality. This course introduces private equity and hedge funds from the perspectives of finance, regulation, and legal practice, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise. Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments, and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform. Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.

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

Spring 2021

Format: SUBJECT TO PUBLIC HEALTH GUIDANCE, THIS COURSE WILL BE OFFERED IN A HYBRID FORMAT. Students may choose to attend in person on a rotating basis or to participate on a fully remote basis.

Grading: The course grade will be based on: (i) a final examination, (ii) class participation, and (iii) quizzes, problem sets, or other short assignments.

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

336.01

Mergers & Acquisitions: A Practitioner's Perspective 2 Geoff Krouse Tu 8:30 AM-10:20 AM Site link LAW.336.01.Sp21@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

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

338.01

Animal Law 2 Amanda Schwoerke W 10:30 AM-12:20 PM Site link LAW.338.01.Sp21@sakai.duke.edu

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

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

342.01

Federal Courts

Hybrid

4 Curtis A. Bradley MWTh 4:15 PM-5:30 PM Site link LAW.342.01.Sp21@sakai.duke.edu

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

The current plan is for this class to be taught in a hybrid format during the Spring semester, with some in-person sessions for those able to attend them.

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

344.01

Federal Courts II - Public Law Litigation 3 Ernest A. Young M/W 9:00 AM-10:25 AM Site link LAW.344.01.Sp21@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 2 is the second 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 2 (Public Law Litigation) focuses on litigation meant to vindicate federal statutory and constitutional rights. We begin with the ins and outs of the Federal Question jurisdictional statute, then move on to suits against the government. We address both federal and state sovereign immunity in depth, and we explore civil rights litigation against state and federal officers under 42 U.S.C. 1983 and the Bivens doctrine. We also canvass various statutory and judge-made rules limiting parallel litigation in state and federal courts. The course concludes with an in-depth treatment of federal habeas corpus as a vehicle for judicial review of executive detention and for collateral attack on state criminal convictions.

We will update this description with information concerning the online/in-person format of the course as the Spring semester grows closer.

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

351.01

U.S. Immigration and Nationality Law 3 Kate Evans M/W 2:00 PM-3:25 PM Site link LAW.351.01.Sp21@sakai.duke.edu

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

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

356.01

Effective Communication Outside of the Courtroom 2 Daisy Lovelace W 8:55 AM-10:45 AM Site link LAW.356.01.Sp21@sakai.duke.edu

Good lawyering requires advocacy outside of the courtroom. Lawyers regularly communicate with current and prospective clients, governmental officials, the media, and other general audiences. They also must advocate for themselves—whether in their job searches or within their professional settings. Accordingly, this seminar will introduce skills to make students more effective in their interpersonal communication, teamwork, and persuasive public speaking. Each class session will focus on a specific set of interpersonal communication, teamwork, and/or persuasive speaking skills. Class sessions will feature a combination of lectures, individual and group presentations, discussion, and in-class exercises. Students will routinely receive feedback on their performances through self-reflections, peer evaluations, and instructor evaluations. This seminar will also provide students with opportunities to meet with current lawyers and hear examples of how they advocate for themselves, their clients, and/or positions they support. Each guest will also discuss how interpersonal communication and public presentation skills shape their day-to-day responsibilities.

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

360.01

International Taxation

Hybrid

3 Peter A. Barnes M/W 5:10 PM-6:35 PM Site link LAW.360.01.Sp21@sakai.duke.edu

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

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

Federal Income Taxation or equivalent.

361.01

International Trade Law 3 Rachel Brewster TuTh 2:00 PM-3:25 PM Site link LAW.361.01.Sp21@sakai.duke.edu

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

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

367.01

Advanced Topics in Administrative Law

*New*

2 Lidiya Mishchenko Th 8:55 AM-10:45 AM Site link LAW.367.01.Sp21@sakai.duke.edu

The objective of this course is to provide students the tools to delve deeper into policy questions that are currently arising in administrative law: What is the purpose of the administrative state?  How is it serving the public?  What are the costs and benefits of agency specialization and independence?  To what extent is public participation helpful in maintaining accountability?

Because administrative agencies are decision-making bodies that are not directly accountable to the electorate, accountability is often achieved by encouraging public participation, transparency, and notice.  This course will explore these themes in the context of selected administrative law topics.  Example topics include: agency capture, independence of administrative law judges, over-specialization of agency-specific precedent, preclusion of judicial review, public participation in rulemaking, the Freedom of Information Act, policy-making through adjudication, and informal agency action.  For certain topics, we will focus on one or two illustrative agencies (e.g., EPA, NLRB, PTO, IRS, VA, etc.).  Reading materials will include textbook excerpts, cases, and legal scholarship.  A previous administrative law course is preferred but not required.

Each class will consist of a background lecture followed by an interactive discussion of the policy issues raised in the reading.  The course will be taught as a two-hour weekly seminar, focused on class discussion of assigned readings. Students will complete one 25–30 page research paper that can be used to satisfy the upper-level writing requirement.  Students will also present their research papers to the class towards the end of the semester.

Grading Basis: Graded

367.01.Spring2021-syllabus.docx42 KB

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

Law 200: Administrative Law is preferred but not required.

370.01

Introduction to Legal Theory

*New*

3 James Boyle M/W 2:00 PM-3:25 PM Site link LAW.370.01.Sp21@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.

370.01.Spring2021-syllabus.pdf136.49 KB

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 TuTh 4:00 PM-5:25 PM Site link LAW.376.01.Sp21@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.

Grading Basis: Graded

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

379.01

Partnership Taxation 2 Thomas Giegerich W 8:30 AM-10:20 AM Site link LAW.379.01.Sp21@sakai.duke.edu

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

379.01.Spring2021-syllabus.pdf95.35 KB

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

Law 255 Federal Income Taxation is a prerequisite.

380.01

Research Methods in International, Foreign and Comparative Law
2L JD-LLM-ICLs only
1 Michael McArthur Th 10:55 AM-12:20 PM Site link LAW.380.01.Sp21@sakai.duke.edu

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

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

384.01

Securities Regulation 4 James D. Cox MWTh 9:00 AM-10:15 AM Site link LAW.384.01.Sp21@sakai.duke.edu

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

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

390.01

Structuring and Regulating Financial Transactions

Hybrid

2 Zachary Smith, Alan Pope Tu 10:30 AM-12:20 PM Site link LAW.390.01.Sp21@sakai.duke.edu
The principles applied in structuring financial products in the commercial context reflect a balance of the interests of corporate stakeholders and the rights of third parties. This course will examine these principles with the goal of equipping the student with a base of knowledge that would be readily applied in a finance practice of a commercial law firm. Focusing primarily on traditional syndicated debt finance and securitization transactions, we will examine evolving market conventions that influence debt terms, the rights and expectations of stakeholders in distressed situations and bankruptcy, and the regulatory and compliance structure governing the issuance of these obligations. As part of this process, we also will explore the structuring of letters of credit, derivative transactions, debtor-in-possession financing, and other related financial products.

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

400.01

Health Justice Clinic
Hybrid
4 Allison Rice, S. Hannah Demeritt Tu 4:00 PM-5:50 PM Site link LAW.400.02.Sp21@sakai.duke.edu

This clinical course focuses on people living with serious illness. Student attorneys are the primary legal representatives for clients living with HIV, cancer, and other serious health conditions. Students may also work on policy or community education projects related to health and the law. Faculty supervisors provide back-up, training, coaching, and regular feedback as students handle cases involving access to health coverage (Medicaid, Medicare, private insurance), income (disability benefits and employment), job accommodations, and discrimination. Students also work on cases involving health information privacy, end-of-life planning (wills, advance directives), planning for the future care of children (guardianship), and name changes and health insurance for transgender clients. In assigning cases, faculty strive to honor students' interests.

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

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

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

Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, professionalism, the health care system, social safety net, social determinants of health, and health disparities. For the Spring 2021 semester, the seminar will be conducted via Zoom, with some materials presented asynchronously via video. Students have an individual weekly meeting with the clinic instructors, and the instructors are available throughout the week for consultation. Students work closely with clinic instructors, and enjoy a uniquely supportive mentoring and coaching experience. Faculty prioritize each student's professional development and encourage the development of a work-life balance that will be essential in law practice.

The Health Justice Clinic is normally offered on a variable clinic basis, 4-6 credits, but for the Spring 2020 semester, will be limited to 4 credit hours.     

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. The following ethics classes meet the requirement: Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

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

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

401.01

Advanced Health Justice Clinic
Hybrid
Allison Rice, S. Hannah Demeritt Site link LAW.401.01.Sp21@sakai.duke.edu

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

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

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

416.01

Children's Law Clinic
Hybrid
4 Crystal Grant, Peggy Nicholson Tu 2:00 PM-3:50 PM Site link LAW.416.01.Sp21@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 virtual seminar, students will engage in interactive practical skills training, learn substantive law, and analyze the broader systemic injustices that impact children and families. Students work on clinic cases approximately 10 hours a week, for a minimum of 100 hours of legal work during the semester for 4 credits. There is no paper and no exam. Students must be in at least their third semester of law school to enroll in the clinic due to state student practice rules. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic. For the Spring 2021 semester, there will be an option to participate in the clinic remotely.  Students who are in Durham may attend the virtual seminar and provide in-person representation if they choose to.  Due to the COVID-19 pandemic, the opportunity to engage in in-person representation is subject to change.  In the event that students are unable to continue in-person representation, they will be allowed to complete their clinic work remotely. (see Clinics Enrollment Policy).

Important:

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

Ethics Requirement

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

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

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

417.01

Advanced Children's Law Clinic
Hybrid
3 Crystal Grant, Peggy Nicholson Site link LAW.417.01.Sp21@sakai.duke.edu

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

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

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

420.01

Trial Practice 3 Donald H. Beskind, Thomas K. Maher, Michael Dockterman Th 4:00 PM-6:45 PM Site link LAW.420.01.Sp21@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites

Law 245 Evidence is a pre-requisite for Trial Practice. This course is not open to students who are taking, or have taken, Law 422 Criminal Trial Practice.

421.02

Pre-Trial Litigation 2 Marilyn Forbes Phillips, Melissa Hanson W 6:00 PM-7:50 PM Site link LAW.421.02.Sp21@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

427.01

Community Enterprise Law Clinic
Hybrid
4 Andrew Foster Tu 2:00-3:25 PM Site link LAW.427.01.Sp21@sakai.duke.edu

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

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

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

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

428.01

Advanced Community Enterprise Clinic
Hybrid
2 Andrew Foster Site link LAW.428.01.Sp21@sakai.duke.edu

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

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

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

429.01

Civil Justice Clinic

Hybrid

4 Charles R. Holton, Jesse McCoy Tu 4:00 PM-5:50 PM Site link LAW.429.02.Sp21@sakai.duke.edu

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

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

Students will be directly supervised by the Clinic Director and/or Supervising Attorney and/or Legal Aid attorneys. Cases may include prosecuting sub-code housing claims, defense of eviction claims, prosecuting unfair trade practice claims, administrative hearing appeals for the revocation of licenses/certifications, and a variety of other matters.

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

Important:

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

Ethics Requirement

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

429.01.Spring2021-syllabus.pdf270.9 KB

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

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

431.01

Advanced Civil Justice Clinic
Hybrid
Charles R. Holton, Jesse McCoy Site link LAW.431.01.Sp21@sakai.duke.edu

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

Variable Units: 1-2 credits

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

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

435.01

First Amendment Clinic

Hybrid

4 Sarah H. Ludington, Nicole Ligon Tu 4:00 PM-5:50 PM Site link LAW.435.01.Sp21@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.

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

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

435A.01

Advanced First Amendment Law Clinic

Hybrid

2 Sarah H. Ludington, Nicole Ligon Site link LAW.435A.01.Sp21@sakai.duke.edu

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

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

437.01

International Human Rights Clinic
Hybrid
4-5 Jayne Huckerby, Aya Fujimura-Fanselow Tu 4:00 PM-5:50 PM Site link LAW.437.01.Sp21@sakai.duke.edu

The International Human Rights Clinic provides students with an opportunity to critically engage with human rights issues, strategies, tactics, institutions, and law in both domestic and international settings. Through the weekly seminar and fieldwork, students will develop practical tools for human rights advocacy—such as fact-finding, litigation, indicators, reporting, and messaging—that integrate inter-disciplinary methods and maximize the use of new technologies. Students will also develop core competencies related to managing trauma in human rights work, as well as the ethical and accountability challenges in human rights lawyering. Types of clinic projects include those that: apply a human rights framework to domestic issues; involve human rights advocacy abroad; engage with international institutions to advance human rights; and/or address human rights in U.S. foreign policy. Students work closely with local organizations, international NGOs, and U.N. human rights experts and bodies. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects for a minimum of either 100 or 125 hours of clinical work during the semester. This course may not be dropped after the first class meeting.

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

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

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

438.01

Advanced Human Rights Clinic

Hybrid

Jayne Huckerby, Aya Fujimura-Fanselow Site link LAW.438.02.Sp21@sakai.duke.edu

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

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

441.01

Start-Up Ventures Clinic
Hybrid
4 Bryan McGann, Thomas Williams Tu 2:00 PM-3:25 PM Site link LAW.441.01.Sp21@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. The following ethics classes meet the requirement:  Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239),  Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

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

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

441A.01

Advanced Start-Up Ventures Clinic
Hybrid
Bryan McGann, Thomas Williams Site link LAW.441A.01.Sp21@sakai.duke.edu

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

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

443.01

Environmental Law and Policy Clinic

Hybrid

4 Ryke Longest, Michelle Benedict Nowlin Tu 2:00 PM-3:50 PM Site link LAW.443.02.Sp21@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 online via Zoom, and will also provide readings and short video modules for students to review in preparation for seminar discussions.  Weekly case management meetings, as well as client meetings, will be conducted in person to the extent possible, but accommodation will be made for those who need to engage remotely.

Clinic Enrollment and Credit Policies

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

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

Ethics Requirement for Law Students

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

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

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

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

443A.01

Advanced Environmental Law and Policy
Hybrid
Ryke Longest, Michelle Benedict Nowlin Site link LAW.443A.01.Sp21@sakai.duke.edu

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

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

445.01

Immigrant Rights Clinic

Hybrid

4-6 Kate Evans, Shane Ellison Tu 2:00 PM-3:50 PM Site link LAW.445.01.Sp21@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 will learn to gather data and produce policy reports; develop accessible legal resources for immigrant families and their allies; and collaborate with grassroots organizers, policy-makers, pro bono counsel teams, and national advocacy groups.

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

Clinics Enrollment Policy

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

Ethics Requirement

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

Grading Basis: Graded

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

Any ethics course (Law 237, Law 238, Law 239, Law 317, or Law 539).  Either Crimmigration Law or Immigration Law & Policy is highly recommended. Evidence, Criminal Procedure, and Administrative Law are also helpful but not required.

 

445A.01

Advanced Immigrant Rights Clinic

Hybrid

Kate Evans, Shane Ellison Site link LAW.445A.01.Sp21@sakai.duke.edu

Methods of Evaluation
Pre/Co-requisites
None

460.06

Negotiation for Lawyers 3 Frances Turner Mock Tu 2:00 PM-4:45 PM Site link LAW.460.06.Sp21@sakai.duke.edu

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

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

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

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

 

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

460.07

Negotiation for Lawyers 3 Marilyn Forbes Phillips M 4:00 PM-6:45 PM Site link LAW.460.07.Sp21@sakai.duke.edu

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

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

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

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

 

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

460.08

Negotiation for Lawyers 3 Casandra L. Thomson W 3:35 PM-6:20 PM Site link LAW.460.08.Sp21@sakai.duke.edu

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

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

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

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

 

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

470.01

Poverty Law 3 Sara Sternberg Greene Tu 9:30 AM-12:15 PM Site link LAW.470.01.Sp21@sakai.duke.edu

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

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

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

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

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

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

471.01

Science Regulation Lab

Hybrid

2 Michael B. Waitzkin W 4:00 PM-5:50 PM Site link LAW.471.01.Sp21@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

472.01

Amicus Lab 2 Brandon L. Garrett, Nita A. Farahany W 10:30 AM-12:20 PM Site link LAW.472.01.Sp21@sakai.duke.edu

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

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

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

473.03

Scholarly Writing Workshop

Hybrid

3 Sarah C. W. Baker Tu 10:30 AM-12:20 PM Site link LAW.473.03.Sp21@sakai.duke.edu

In a workshop led by a faculty member, students will produce an original analytic paper of substantial length (ordinarily at least 30 pages). Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. Papers produced in the workshop are expected to satisfy the JD or LLM substanial research and writing project requirement.

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

Because of the nature of this course it is exempt from Rule 3-1’s median requirement.  Nevertheless, the expectation is that work produced in the workshop will be very strong.

 

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

473.04

Scholarly Writing Workshop 3 Sean E. Andrussier M 4:00 PM-5:50 PM Site link LAW.473.04.Sp21@sakai.duke.edu

In a workshop led by a faculty member, students will produce an original analytic paper of substantial length (ordinarily at least 30 pages). Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. Papers produced in the workshop are expected to satisfy the JD or LLM substanial research and writing project requirement.

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

Because of the nature of this course it is exempt from Rule 3-1’s median requirement.  Nevertheless, the expectation is that work produced in the workshop will be very strong.

 

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

480.01

Mediation Advocacy 3 Casandra L. Thomson Tu 2:00 PM-4:45 PM Site link LAW.480.01.Sp21@sakai.duke.edu

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

Grading Basis: Graded

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

493.02

Wrongful Convictions Clinic 4 James E. Coleman, Jr., Jamie T. Lau Tu 4:00 PM-5:50 PM Site link LAW.493.02.Sp21@sakai.duke.edu

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

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

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

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

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

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

502.01

Forensics Litigation 1.5 Brandon L. Garrett, Kate Philpott Th 2:00-5:00 PM (Feb 4, 11) and F 9:00 AM-12:00 PM (Feb 5, 12) Site link LAW.502.01.Sp21@sakai.duke.edu

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

Grading Basis: Graded

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

503.01

The Constitution in Congress

*New*

2 Daniel Rice M 10:30 AM-12:20 PM Site link LAW.503.01.Sp21@sakai.duke.edu

Many of America’s formative constitutional struggles occurred in the halls of Congress, rather than the courts. Principles now taken for granted were once vigorously contested, often along partisan or sectional lines. This course will explore moments of congressional deliberation that shaped the trajectory of American constitutional development. Likely topics include debates over the spending power, the acquisition of foreign territory, the criminalization of dissent, military conscription, women’s equality, Indian removal, the right to petition, the rendition of fugitive slaves, and the legacy of Dred Scott. Students will analyze key floor debates and committee reports alongside later Supreme Court decisions covering similar substantive ground. 

Throughout the course, we will encounter sophisticated and wide-ranging arguments on matters of first impression. These episodes provide rich historical insight into contemporary debates over how the Constitution should be interpreted. We will also consider the extent to which modern constitutional law has been shaped by concepts that have fallen out of favor (such as the idea of powers inherent in sovereignty) and by practices that are now viewed with moral revulsion. And we will reflect on the absence of perspectives that were systematically excluded from Congress until well into the nineteenth and twentieth centuries.

The course will be taught as a two-hour weekly seminar, focused on class discussion of assigned readings. Students will complete either a series of reflection papers or one longer research paper that can be used to satisfy the upper-level writing requirement.

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

514.01

Research Methods in Administrative Law 2 Jane Bahnson, Wickliffe Shreve W 2:00 PM-3:50 PM Site link LAW.514.01.Sp21@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.

514.01.Spring2021-syllabus.docx22.19 KB

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

515.02

Contract Drafting for the Finance Lawyer 2 Alexandra K. Johnson M 10:30 AM-12:20 PM Site link LAW.515.02.Sp21@sakai.duke.edu

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

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

519.03

Contract Drafting 2 Jeremy Mullem W 2:00 PM-3:50 PM Site link LAW.519.03.Sp21@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

519.04

Contract Drafting

Hybrid

2 Sarah C. W. Baker Th 10:30 AM-12:20 PM Site link LAW.519.04.Sp21@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

520.01

Climate Change and the Law 2 Jonathan B. Wiener, Kate Konschnik W 2:00 PM-3:50 PM Site link LAW.520.01.Sp21@sakai.duke.edu

This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – including at the international level, within the United States and other countries (such as Europe, China, and others), at the subnational level, and at the urging of the private sector.

We will compare alternative approaches that have been or could be taken by legal systems to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, infrastructure programs, technology R&D, information disclosure, prescriptive regulation, carbon capture & storage, reducing deforestation, geoengineering, adaptation);  the spatial scale; the targets of the policy and criteria for deciding among these policy choices.  We will examine actual legal measures that have been adopted so far to manage climate change:  international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997) and Paris Agreement (2015), plus related agreements like the Kigali Amendment (on HFCs) and ICAO (aviation) and IMO (shipping); as well as the policies undertaken by key national and subnational systems.  In the US, we will study national (federal) and subnational (state and local) policies, including EPA regulation under the Clean Air Act, other federal laws and policies relevant to climate change mitigation, state-level action by California, RGGI states, and North Carolina. We will also explore litigation involving tort/nuisance civil liability and the public trust doctrine to advance climate policy. 

Questions we will discuss include:  How effective and efficient are the policies being proposed and adopted? What actions are being taken at the local, national and international levels, and which reinforce or conflict with one another?  Can current institutions and legal frameworks deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change?  What roles do scientific research, technological breakthroughs, and economic realities play in shaping legal responses?  How should the legal system learn from new information over time? How should we appraise the United Nations climate negotiations, and are there other models for international cooperation?  How should principles of equity, just transitions, and intergenerational justice guide efforts to address climate change? Should greenhouse gas emitters (countries, businesses, consumers) be directly liable or responsible for climate change impacts and compensate victims for their losses?  What is the best mix of mitigation and adaptation policies?  How will climate policy be influenced by geopolitical changes such as the rise of China?  How should the law address extreme catastrophic risk?  How should geoengineering be governed? What is the best path for future climate policy? 

Students must read the assigned materials in advance of class, and participate in class discussion. Each student will submit a short (5-6 page) paper, addressing the week's readings (and adding outside research), for three (3) of the 12 class sessions (not counting the first class session). A sign-up sheet will be circulated at the beginning of the course for students to select the 3 topics/class sessions for which they will submit these 3 short papers (so that these papers are spread across the semester). In addition, each student will write a longer research paper (15 pages), due at the end of the semester. Grades will be based on: 33% class participation, 33% the 3 short papers, and 33% the longer paper.

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

529.01

Corporate Governance 3 Ofer Eldar Tu 9:30 AM-12:15 PM Site link LAW.529.01.Sp21@sakai.duke.edu

Corporate governance is a major policy issue in business regulation, and has increasingly become headline news in recent political debates. This course will discuss the major debates in corporate governance, the challenges for designing an optimal system for governing corporations, and the increasingly important role of lawyers in these policy debates. To that end, the course may host guest speakers with various backgrounds that have unique experience in corporate governance matters. The course will focus on a range of issues. For example, is shareholder activism by hedge funds and other institutional shareholders good for shareholder value, or does it promote short-termism? Are CEOs paid too much, and should their compensation be regulated? Do anti-takeover devices entrench managers or promote long-term strategic growth? Does state competition for corporate charters lead to a race to the top or the bottom? In discussing each of these topics, this course will consider whether corporations are best regulated by the government or market discipline. As part of the course, students will acquire the skills to review empirical studies, and evaluate the implications of these studies for legal policy and corporate practice. Business Associations is a prerequisite for this class (except for LLM students who are taking Business Associations in the same semester).

529.01.Spring2021-syllabus.pdf604.54 KB

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

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

531.01

In House Law Practice 2 Bradley Zimmer, Allen Nelson W 6:00 PM-7:50 PM Site link LAW.531.01.Sp21@sakai.duke.edu

This course explores the substantive and procedural aspects of inhouse law practice. Class sessions often include guest general counsels to survey in-house legal topics, engage with real world challenges, discuss current relevant events, and distill best practices for the role. Students will have team-based interdisciplinary project assignments that draw from topics discussed in the class, reflecting real-world scenarios and providing legal representation experience. Guest general counsels are typically leading practitioners who engage with the class from a variety of perspectives, ranging from Chief Legal Officers of Fortune 50 companies to general counsels who helped grow entrepreneurial startups into household names.

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

20%: Reflection Message Board Posts
Each student will publish five brief message board posts during the semester reflecting upon insights or thoughts of interest from guest general counsel presentations.

30%: Memo
Student assume the role of attorney with an inhouse legal department and prepare a 5-page memo responding to a fact pattern and scenario; the memo provides an opportunity to demonstrate legal analysis and practical approaches to the issues.  They will also record and upload a five-minute presentation of their memo's findings to the "general counsel" of the company.

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

10%: Class Engagement

No prerequisites are necessary.

531.01.Spring2021-syllabus.pdf442.08 KB

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

532.01

Venture Capital Financing

Hybrid; JD and JD/LLM-LEs only

3 W.H. "Kip" Johnson III Th 4:00 PM-6:45 PM Site link LAW.532.01.Sp21@sakai.duke.edu

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

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

Law 210 Business Associations is a mandatory prerequisite for the class.
Law 384 Securities Regulation and Law 534 Advising the Entrepreneurial Client are also recommended, but not required, as prerequisites for this course.

539.01

Ethics in Action 2 Thomas B. Metzloff Th 4:00 PM-5:50 PM Site link LAW.539.01.Sp21@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

546.01

International Law of Armed Conflict 3 Charles J. Dunlap, Jr. M 6:10 PM-8:50 PM Site link LAW.546.01.Sp21@sakai.duke.edu

This seminar will examine the international law of armed conflict, and it focuses on the jus in bello context. Students will consider the rationale for the key concepts of the law of armed conflict, and examine their practical application in various contexts. Case studies (contemporary and historical) will be examined in conjunction with the topics covered. This historical context for the law of armed conflict agreements, the status of conflicts, combatants, and civilians, targeting, rules of engagement, war crimes, are all included among the topics the class will address. Students will be encouraged to relate legal and interdisciplinary sources in order to better understand the multi-faceted interaction between law and war. There is no examination for this course but a 30-page paper (constituting 60% of the grade) is required on a legal topic chosen by the student and approved by the instructor. Students desiring to use the course paper to fulfill Substantial Research and Writing Project (SRWP) and possibly other writing requirements must obtain instructor. The remainder of the grade (40%) is based on the quality and frequency of class participation. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for this course is Gary D. Solis's "The Law of Armed Conflict: International Humanitarian Law in War" (2nd ed., 2016). This course will only be offered in the spring.

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

549.01

Corporate Counseling and Communication 2 Marie Grant Lukens Tu 2:00 PM-3:50 PM Site link LAW.549.01.Sp21@sakai.duke.edu

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

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

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

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

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

561.01

Tax Policy 3 Lawrence A. Zelenak TuTh 4:00 PM-5:25 PM Site link LAW.561.01.Sp21@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites

Federal Income Taxation is a prerequisite

567.01

Identity, Politics, and the Law: Seminar 2 Guy-Uriel Charles, Mitu Gulati Th 10:30 AM-12:20 PM Site link LAW.567.01.Sp21@sakai.duke.edu

This seminar will explore the current state of thinking about the relationship between identity, politics and legal regulation. The seminar will largely focus on issues of structural inequality in both the domestic context and in the global south, with an emphasis on the Caribbean, including Puerto Rico.  We will explore the relationship among race, colonial identity, economic development, with special attention to the debt crises that beset countries in the Global South and the Caribbean.

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

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

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

575.01

Securities Litigation and Enforcement in Practice 2 Emily N. Strauss Th 10:30 AM-12:20 PM Site link LAW.575.01.Sp21@sakai.duke.edu

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

Grading Basis: Graded

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

576.01

Agency Law in a Changing Economy 2 Deborah A. DeMott Tu 4:00 PM-5:50 PM Site link LAW.576.01.Sp21@sakai.duke.edu

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

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

577.01

Emerging Issues in Sports and the Law 2 Paul H. Haagen, Todd Mesibov Tu 7:00 PM-8:50 PM Site link LAW.577.01.Sp21@sakai.duke.edu

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

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

585.01

Philanthropy, Voluntarism and Not-For-Profit Law and Management 3 Joel L. Fleishman W 10:15 AM-12:45 PM Site link LAW.585.01.Sp21@sakai.duke.edu

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

Methods of Evaluation
Pre/Co-requisites
None

586.01

Current Debates in Bankruptcy Law 2 Jonathan Seymour Tu 8:55 AM-10:45 AM Site link LAW.586.01.Sp21@sakai.duke.edu

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

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

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

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.

Grading Basis: Graded

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

587.01

Race and the Law 3 Guy-Uriel Charles, Trina Jones, H. Timothy Lovelace, Jr. Th 2:00 PM-3:50 PM Site link LAW.587.01.Sp21@sakai.duke.edu

This seminar will examine the social, political, and legal forces that shape race relations in the United States. Using interdisciplinary materials, participants will engage three core questions:  (1) what would an anti-racist society look like; (2) what should and can be done about the carceral state; and (3) how do we address challenges inherent in concepts like allyship, representation, and intersectionality. The seminar will include a speakers’ series in which leading experts and commentators will assist seminar participants to think through these pressing questions.  Evaluation will consist of class attendance and participation, reflection papers, and a final project directed toward devising solutions. Participation from a diverse group of students is encouraged. 

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

588.01

Investigating and Prosecuting National Security Cases 2 Shane Stansbury Th 8:55 AM-10:45 AM Site link LAW.588.01.Sp21@sakai.duke.edu

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

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

Grading Basis: Graded

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

592.02

Frontier AI & Robotics: Law & Ethics 3 Jeff Ward M 2:00 PM-4:45 PM Site link LAW.592.01.Sp21@sakai.duke.edu

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

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

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

NO PRIOR EXPERIENCE WITH ARTIFICIAL INTELLIGENCE OR TECHNOLOGY IS NEEDED FOR THIS COURSE.

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

1.Online sessions will involve substantial participation in small breakout groups that allow for close collaboration on solving real-world problems; and

2.Participation in synchronous sessions on Mondays from 2:00 to 4:45pm ET will remain a significant % of the final grade assessment; and

NOTES ON COMPLEMENTARY COURSE

Also available this semester is Practicing Law with AI and Big Data.

Grading Basis: Graded

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

596.01

Practicing Law with AI and Big Data

*New*

2 Casandra Laskowski W 4:00 PM-5:50 PM Site link LAW.596.01.Sp21@sakai.duke.edu

Artificial intelligence systems are already being employed at firms. Expert systems (rule-based AI) are used to automate workflows, while machine learning systems (data-driven AI) are used to manage complex litigation and provide strategic intelligence. These latter systems require large swaths of data, termed big data, to provide the computer sufficient information to perform predictions. This course will pull back the curtain on the different systems, allowing students of all skill levels to critically engage with the ethical implications of these systems on the practice of law.

NO PRIOR EXPERIENCE WITH ARTIFICIAL INTELLIGENCE, PROGRAMMING, OR TECHNOLOGY IS NEEDED FOR THIS COURSE.

Students will work with fellow “associates” to develop an expert system that enhances the firm’s pro bono efforts. Through this assignment, students will engage with AI system development from problem articulation to data discovery through to deployment. Additionally, students will evaluate and utilize AI-tools to discern risks and advise on case strategy. Students will gather the skills and knowledge necessary to become critical and ethical users of expert systems and machine learning empowered technologies through these assignments.

There are no textbook or software purchase requirements for this course. All assigned readings and software used will be available for free to each student.

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

Prerequisites: LAW 110 (Civil Procedure), and either L.A.W. 360AB (LARW) or LAW 300 (LARW-INT) 

598.01

Family Creation: A Non-Judicial Perspective

Hybrid

2 Kathryn Webb Bradley, Diane Kunz Tu 10:30 AM-12:20 PM Site link LAW.598.01.Sp21@sakai.duke.edu

This seminar will focus on the role of the legislative and administrative process in family creation. We will examine situations in which a child born in one family becomes part of another through mechanisms such as adoption, foster care, or surrogacy. Particular attention will be given to intercountry adoption and surrogacy, which raise complex issues of law and policy, including those relating to the definition of family, state sovereignty, immigration and citizenship, human rights, and ethics and transparency. Not all countries participating in intercountry adoption and surrogacy are subject to relevant international treaties, and even where treaties are in effect, implementation has been characterized by conflict and delay. At the local level, regulation through oversight of private agencies, adoptive families, and third party intermediaries has been uneven. Throughout our examination of these issues, we will focus attention on the ways in which race and class have shaped policy, often in ways that harm families and children.

This seminar aims to give students the opportunity to understand the policymaking process by closely examining what has transpired in the field of family creation in the last 15-20 years, and considering what the future may hold, both within the U.S. and abroad. Students will be expected to explore and understand the intersection between policy, treaty, and national law, as well as the interrelationship between the legislative and administrative processes. Because the seminar will examine not only the law within the U.S. but that in other countries, students will be able to explore the differences in culture and policy that exist nation to nation and consider how those differences affect these inherently international issues relating to family creation.

Readings will draw from the United States and international sources and will include existing and proposed legislation, existing and proposed administrative regulations, treaty provisions, court decisions interpreting these sources, academic and journalistic writings, and audiovisual materials.

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

605.01

Race and the Law Speakers Series

*New*

1 Trina Jones, Guy-Uriel Charles, H. Timothy Lovelace, Jr. Site link LAW.605.01.Sp21@sakai.duke.edu

In this speakers series, leading experts and commentators will offer thoughts on pressing questions shaping race relations, including: 1) what would an anti-racist society look like; (2) what should and can be done about the carceral state; and (3) how do we address challenges inherent in concepts like allyship, representation, and intersectionality. Evaluation will consist of class attendance and participation and reflection papers. Participation from a diverse group of students is encouraged. Credit/No credit

Grading Basis: Credit/No Credit

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

611.15

Readings: The Impact of Climate Change on Financial Markets 1 Lawrence G. Baxter, Sarah Bloom Raskin TBD Site link LAW.611.15.Sp21@sakai.duke.edu

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

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

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

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

611.17

Readings: Regulatory Reboot 1 Nakita Cuttino Th 2:00 PM - 3:50 PM Site link LAW.611.17.Sp21@sakai.duke.edu

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

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

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

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

611AB.01

Readings in Ethical Issues in National Security Law

*Second half of a year-long course

0.5 Charles J. Dunlap, Jr. TBD Site link LAW.611B.01.Sp21@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

611AB.02

Readings: Judicial Biography
*Second half of a year-long course
0.5 Thomas B. Metzloff TBD Site link LAW.611AB.02.Sp21@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

617.01

Environmental Law Readings Workshop 0.5 Rima Idzelis TBD Site link LAW.617.01.Sp21@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

621.02

Externship Anne Gordon Site link LAW.621.02.Sp21@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.02

Externship Seminar 1 Anne Gordon Tu 6:00 PM-7:00 PM Site link LAW.621S.02.Sp21@sakai.duke.edu

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

Grading Basis: Graded

621S.02.Spring2021-syllabus.docx82.14 KB

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

634.01

LLMLE Practicum for 3L JD-LLMLEs 3 Erika J.S. Buell Site link LAW.634.01.Sp21@sakai.duke.edu

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

642.02

Appellate Externship with Federal Defenders (Criminal Law) 3 Sean E. Andrussier W 6:30 PM-7:30 PM Site link LAW.642.01.Sp21@sakai.duke.edu

*Note: Only offered 2020-2021*  

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

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

*NOTE: Students may count 2 of the 3 credits towards the JD experiential learning requirement.*

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

710.01

Derivatives: Financial Markets, Law and Policy 3 Lawrence G. Baxter TuTh 2:00 PM-3:25 PM Site link LAW.710.01.Sp21@sakai.duke.edu

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

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

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

Required Coursework

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

  1. A final paper, about 25-30 pages in length, to be submitted by the Thursday, April 16, 2020 (last day of all classes) (75%); JD writing credit will be given to any JD students who present research proposals (see “Paper” above), approved by me, commit to completing their drafts for class presentation and subsequent comments by me (draft for comments by Friday March 20), and submit their final drafts in response to my comments by Thursday April 16, when all papers will be due.
  2. An individual class presentation, of 20 minutes in length (10%), on the early draft of the 3-credit paper; and
  3. Overall class participation (15%).The course will be highly interactive and graded on this basis. Class participants, probably in groups of two or three, will take turns in leading the class through the topic for the day (that will be found I the detailed syllabus as soon as it is completed).  Class leaders can use slides or videos or both, and they will be expected to base their material on the assigned readings and subsequent updates.

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

710.01.Spring2021-syllabus.pdf68.65 KB

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

713.01

Corporate Social Responsibility and Social Entrepreneurship

*New*

Hybrid

2 Ofer Eldar W 2:00 PM-3:50 PM Site link LAW.713.01.Sp21@sakai.duke.edu

In recent years, there has been growing pressure on profit-seeking corporations to pursue social goals. In light of the pandemic, social inequalities, and growing concerns about climate change, this trend will likely increase. This 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. Business Associations is a prerequisite for this class (except for LLM students who are taking Business Associations in the same semester).

Grading Basis: Graded

713.01.Spring2021-syllabus.pdf261.66 KB

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

Business Associations is a prerequisite for this class (except for LLM students who are taking Business Associations in the same semester).

714.01

Coastal Resilience in the Face of Climate Change 2 Stephen E. Roady Tu 8:30 AM-10:20 AM Site link LAW.714.01.Sp21@sakai.duke.edu

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

Grading Basis: Graded

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

717.01

Comparative Constitutional Design 2 Jack Knight W 10:30 AM-12:20 PM Site link LAW.717.01.Sp21@sakai.duke.edu

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

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

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

718.01

Social Choice Theory: Cost-Benefit Analysis and Beyond 2 Matthew Adler Tu 2:00 PM-3:50 PM Site link LAW.718.01.Sp21@sakai.duke.edu

Social choice theory is the systematic study of how to combine individual preferences, or some other indicator of individual well-being, into a collective ranking. Although scholars have worried about this problem for centuries, most intellectual progress in social choice theory has occurred in the last century, with Arrow's stunning "impossibility theorem," and the development of the notion of the "social welfare function." This latter construct serves as the foundation for many disciplines within economics (such as optimal tax theory or the economics of climate change). It also provides a rigorous and comprehensive framework for thinking about cost-benefit analysis--currently the dominant policy tool in the U.S. government.

This course will provide an introduction to social choice theory, with a particular focus on the social welfare function and on cost-benefit analysis. In the course of addressing these topics, we will also spend substantial time discussing the philosophical literatures on well-being and on inequality. What is the connection between someone's well-being and her preferences, her happiness, or her realization of various "objective goods"? And--on any conception of well-being--how should we structure policy choice to take account of the distribution of individual welfare? Addressing these questions is essential for thinking clearly about collective choice and, in particular, social welfare functions and cost-benefit analysis.

My book Measuring Social Welfare: An Introduction (Oxford University Press, 2019) will serve as the main text for the course, with additional readings from philosophy, economics, and law.  The course does not require advanced mathematics. However, students should not be "math phobic". The readings and our discussion will use some mathematical notation to communicate key ideas--as does, of course, any economics text on cost-benefit analysis--and students should not be afraid of seeing this notation. Students should also be prepared to engage in philosophical discussion.

The course will be taught as a 2-hour weekly seminar. Students will be asked to do the reading for each seminar; to write short (1 page) reaction papers each week; and to participate in class discussion. Students will also write a 10-page final analytical (not research) paper.  This final paper can either be (a) a critical discussion of one or more chapters from Measuring Social Welfare, or (b) a critical discussion of some other book or article relevant to the topics of the seminar.

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

727.01

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

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

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

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

737.01

Environmental Litigation 2 Stephen E. Roady M 4:00 PM-5:50 PM Site link LAW.737.01.Sp21@sakai.duke.edu

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

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

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

753.01

Law and Literature: Race & Gender 3 Trina Jones W 2:00 PM-3:50 PM Site link LAW.753.01.Sp21@sakai.duke.edu

This seminar explores the intersection between literary and legal studies, with a particular focus on race and gender. Through literature and some film, the seminar examines the role of law in the structure of conflict, personal relationships, social hierarchy and social change, with attention to privilege, perspective, and voice.  Possible authors include Margaret Atwood, James Baldwin, Octavia Butler, Ava DuVernay, Lorraine Hansberry, Ursula Hegi, Kazuo Ishiguro, Nella Larsen, Gabriel García Márquez, Toni Morrison, Colson Whitehead, and Richard Wright.

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

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

754.01

IP Transactions 2 John Fuscoe M 6:00 PM-7:50 PM Site link LAW.754.01.Sp21@sakai.duke.edu

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

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

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

758.01

Originalism and Its Discontents 3 Stephen E. Sachs Tu 10:30 AM-12:20 PM Site link LAW.758.01.Sp21@sakai.duke.edu

Originalism is a major school of constitutional interpretation and an important field of study. Legal discussions and public debates regularly feature originalist arguments or criticisms of originalism. To engage these arguments, lawyers and citizens need to weigh the merits of a diverse set of originalist theories. This course is designed to acquaint you with originalist and nonoriginalist arguments; enable you to assess their strengths; and give you an opportunity to sharpen your own views.

The course will be taught as a two-hour weekly seminar, focused on class discussion of the readings. Each student will choose weeks in which to submit short response papers, circulated to all participants via Sakai. Alternatively, students may pursue an independent research project related to originalism, submitting first and final drafts (~30 pp.) in compliance with the upper-level writing requirement. Students choosing this option must obtain the permission of the instructor prior to the close of the Drop/Add period.

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

(A) One prior course on American constitutional law, and (B) one prior upper-level course on constitutional law, legislation and statutory interpretation, federal courts, administrative law, or jurisprudence. This prerequisite may be satisfied by equivalent coursework or waived with permission of the instructor.

760.01

A Practitioner's Guide to Labor Law and Employment 1 Daniel Seymour Bowling III Th 2:00 PM-3:30 PM Site link LAW.760.01.Sp21@sakai.duke.edu

This course is designed to provide a practical overview of the main labor law issues that arise in the U.S. workplace. Using a variety of approaches of instruction including mock exercises, outside speakers, writing exercises and drawing from current developments in the law, the course will familiarize students with the basic concepts underlying the broad range of labor law. To a certain extent, the class topics will be “collectively bargained,” meaning students will actually bargain over class material with the Professor, much as what happens in a union-management relationship.

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

773.01

Research Methods in Business Law 2 Laura M. Scott W 8:55 AM-10:45 AM Site link LAW.773.01.Sp21@sakai.duke.edu

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

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

777.01

Deal Skills for the Transactional Lawyer 3 Terence M. Hynes Th 9:30 AM-12:15 PM Site link LAW.777.01.Sp21@sakai.duke.edu

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

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

Topics covered will include:

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

Methods of Evaluation
Pre/Co-requisites

<p><a href="/academics/course/210/">Business Associations</a> is a prerequisite or co-requisite.</p>

779.01

Well-Being and the Practice of Law 1 Daniel Seymour Bowling III Tu 4:00 PM-5:50 PM Site link LAW.779.01.Sp21@sakai.duke.edu

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

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

Methods of Evaluation
Pre/Co-requisites
None

791.01

Judicial Writing 2 Joan Magat W 10:30 AM-12:20 PM Site link LAW.791.01.Sp21@sakai.duke.edu

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

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