Spring 2023 Class Schedule

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

120.01

Constitutional Law

SS 3 & 4

4.5 Matthew Adler MWTh 3:35 PM - 5:00 PM Unavailable Requires available Sakai site

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

120.02

Constitutional Law

SS 1 & 2

4.5 Joseph Blocher MWTh 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

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

SS 5 & 6

4.5 H. Jefferson Powell MWTh 9:00 AM - 10:25 AM Unavailable Requires available Sakai site

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

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

130.04

Contracts

SS 3

4.5 Sara Sternberg Greene MWTh 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

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

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

130.05

Contracts

SS 4

4.5 Jonathan Seymour MWTh 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

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

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

140.02

Criminal Law

SS 1

4.5 Sara Sun Beale MWTh 9:00 AM - 10:25 AM Unavailable Requires available Sakai site

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

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

140.03

Criminal Law

SS 6

4.5 Samuel W. Buell MWTh 3:35 PM - 5:00 PM Unavailable Requires available Sakai site

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

SS 2

4.5 James E. Coleman, Jr. MWTh 9:00 AM - 10:25 AM Unavailable Requires available Sakai site

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

140.05

Criminal Law

SS 5

4.5 Ben K. Grunwald MWTh 3:35 PM - 5:00 PM Unavailable Requires available Sakai site

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 TF 9:35 AM - 10:45 AM Unavailable Requires available Sakai site

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 TF 9:35 AM - 10:45 AM Unavailable Requires available Sakai site

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, Cassandra Patterson TF 11:00 AM - 12:10 PM Unavailable Requires available Sakai site

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

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

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

160AB.04

Legal Analysis, Research & Writing 4 Sarah C. W. Baker, Chelsey McKimmy TF 11:00 AM - 12:10 PM Unavailable Requires available Sakai site

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 Catherine Lawson, Cassandra Patterson TF 9:35 AM - 10:45 AM Unavailable Requires available Sakai site

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, Julie Wooldridge TF 9:35 AM - 10:45 AM Unavailable Requires available Sakai site

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, James Britt TF 9:35 AM - 10:45 AM Unavailable Requires available Sakai site

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 Greg Pawlowski, Wickliffe Shreve TF 11:00 AM - 12:10 PM Unavailable Requires available Sakai site

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

170.02

Property 4 Jedediah Purdy MWTh 11:00 AM - 12:15 PM Unavailable Requires available Sakai site

Property law guides how we interact through and around a variety of valuable and increasing scare resources, including land, personal possessions, and ideas.  This course explores how and why property is allocated; what default rights and obligations come with ownership; the role of private agreements with respect to property; and the extent and limits of the state’s power to set the terms of ownership.  Throughout, we will consider justifications for property rights as well as the fine-grained details of how courts and other institutions resolve conflicts about property.  There are a number of common threads that tie property law together, and a series of recurring themes that we will emphasize throughout the semester.  Among these, the most important are likely the relational and interdependent nature of property rights. As far as the law is concerned, property is not a “thing” like a piece of land, but a set of claims that some people have against others with regard to particular resources.  Such claims are deeply contextual and relational; saying that someone “owns” something is generally the beginning, not the end, of the legal inquiry.  Questions about the ways in which race, socioeconomic status, and gender have shaped property rights will inform our conversation throughout the semester.

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

170.03

Property 4 Shitong Qiao MWTh 11:00 AM - 12:15 PM Unavailable Requires available Sakai site

Property law guides how we interact through and around a variety of valuable and increasing scare resources, including land, personal possessions, and ideas.  This course explores how and why property is allocated; what default rights and obligations come with ownership; the role of private agreements with respect to property; and the extent and limits of the state’s power to set the terms of ownership.  Throughout, we will consider justifications for property rights as well as the fine-grained details of how courts and other institutions resolve conflicts about property.  There are a number of common threads that tie property law together, and a series of recurring themes that we will emphasize throughout the semester.  Among these, the most important are likely the relational and interdependent nature of property rights. As far as the law is concerned, property is not a “thing” like a piece of land, but a set of claims that some people have against others with regard to particular resources.  Such claims are deeply contextual and relational; saying that someone “owns” something is generally the beginning, not the end, of the legal inquiry.  Questions about the ways in which race, socioeconomic status, and gender have shaped property rights will inform our conversation throughout the semester.

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

170.04

Property 4 Mara Revkin MWTh 11:00 AM - 12:15 PM Unavailable Requires available Sakai site

Property law guides how we interact through and around a variety of valuable and increasing scare resources, including land, personal possessions, and ideas.  This course explores how and why property is allocated; what default rights and obligations come with ownership; the role of private agreements with respect to property; and the extent and limits of the state’s power to set the terms of ownership.  Throughout, we will consider justifications for property rights as well as the fine-grained details of how courts and other institutions resolve conflicts about property.  There are a number of common threads that tie property law together, and a series of recurring themes that we will emphasize throughout the semester.  Among these, the most important are likely the relational and interdependent nature of property rights. As far as the law is concerned, property is not a “thing” like a piece of land, but a set of claims that some people have against others with regard to particular resources.  Such claims are deeply contextual and relational; saying that someone “owns” something is generally the beginning, not the end, of the legal inquiry.  Questions about the ways in which race, socioeconomic status, and gender have shaped property rights will inform our conversation throughout the semester.

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

200.02

Administrative Law 3 Stuart M. Benjamin MW 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

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

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

202.01

Art Law 2 Deborah A. DeMott Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

This course will cover a number of intersections between the law and the people and institutions who constitute the world of the visual arts, including artists, museums, collectors, dealers, and auctioneers. The course will also cover non-legal material geared to shaping practices of art market participants, such as codes and guidelines adopted by art-museum associations, as well as some relevant literature from other academic disciplines. Specific topics will include: (1) contexts in which a legal institution must determine whether a particular object is a work of "art" or art of a particular type; (2) artists' rights, including statutory and non-statutory moral rights and resale rights; (3) problems of authenticity; (4) the legal rights and duties of auctioneers, art dealers, and other intermediaries; (5) the legal structure of art museums, including issues of internal management and governance; (6) stolen art, including objects looted during World War II; and (7) developments in law and industry practice relevant to "cultural heritage," the association of particular objects with particular places or societies.

Students will be required to participate in class discussions, and will have the option of writing a 25-30-page research paper OR taking a take-home exam. Paper topics must be approved by the instructor, who will be glad to make suggestions (some of which will involve local field research).

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

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

205.01

Antitrust

*4 credits

4 Barak D. Richman MW 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

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

A final exam will be offered.

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

207.01

Sports and the Law 3 Paul H. Haagen TTh 4:00 PM - 5:25 PM Unavailable Requires available Sakai site

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

210.01

Business Associations 4 James D. Cox MWTh 11:00 AM - 12:15 PM Unavailable Requires available Sakai site

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

210.03

Business Associations 4 Elisabeth D. de Fontenay TTh 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

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

225.01

Criminal Procedure: Adjudication 3 Judge James C. Dever III TTh 6:00 PM - 7:25 PM Unavailable Requires available Sakai site

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 MW 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

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
  • Class participation
Pre/Co-requisites
None

229.01

State and Local Government Law 3 Darrell A. H. Miller TTh 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

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 TTh 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

A study of the law of employment discrimination, focusing mainly on federal statutes that prohibit discrimination based on race, color, sex, religion, national origin, and age. Class time is committed to both doctrinal and policy analysis. The course does not examine disability discrimination.

232-01-Spring2023-syllabus.pdf598.37 KB

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

238.01

Ethics and the Law of Lawyering 2 Amy Richardson M 6:00 PM - 7:50 PM Unavailable Requires available Sakai site

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

245.02

Evidence

*3 credits

3 Shane Stansbury MW 4:00 PM - 5:25 PM Unavailable Requires available Sakai site

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We 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. Also addressed are 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.

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

255.01

Federal Income Taxation 4 Richard L. Schmalbeck MWTh 2:00 PM - 3:15 PM Site link LAW-255-01-Sp23@sakai.duke.edu

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

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

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

270.02

Intellectual Property 4 James Boyle MWTh 2:00 PM - 3:15 PM Unavailable Requires available Sakai site

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

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

275.01

International Law

First class meeting 1/13/23

3 Laurence R. Helfer MW 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

This course offers a broad introduction to international law and provides a foundation for more specialized courses.  Topics covered include the key sources, actors, and institutions of international law; the application of international law by domestic courts; adjudication by international tribunals; the extraterritorial application of domestic law.  Part I of the course provides an overview of these foundations issues.  Part II is comprised of a series of case studies on selected topics in international law, including human rights, international crimes, international trade and investment, environmental protection, and the use of force.

Note on scheduling for Spring 2023:
To accommodate Professor Helfer’s responsibilities as a member of the UN Human Rights Committee, which meets in Geneva, Switzerland in March 2023, several class meetings will need to be canceled, rescheduled or held on Zoom.  Please note - the first class meeting will be held on Friday January 13, 2023 @ 12:30 to 1:45 PM.   Additional information about canceled and rescheduled classes will appear on the course syllabus.

275-01-Spring2023-syllabus.pdf225.33 KB

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

295.01

Trusts and Estates

*2 credits

2 Doriane Lambelet Coleman Th 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

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

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

302.01

Appellate Courts 2 Marin K. Levy M 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

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

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

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

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

LAW 120 Constitutional Law.

Interested international LLM students who have met the prerequisite should contact Professor Levy and Dean Kobelev to seek approval before enrolling.

304.01

Big Bank Regulation 4 Lawrence G. Baxter, Emily N. Strauss MWTh 4:00 PM - 5:15 PM Unavailable Requires available Sakai site

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

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

 

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

307.01

Internet and Telecommunications Regulation 3 Stuart M. Benjamin TTh 9:20 AM - 10:45 AM Unavailable Requires available Sakai site

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

Grading Basis: Graded

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

313.01

Judicial Decisionmaking 3 Margaret H. Lemos MW 9:20 AM - 10:45 AM Unavailable Requires available Sakai site

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

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

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

 

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

314.01

Federal Habeas Corpus 2 Brandon L. Garrett Th 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

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

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

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

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

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

315.01

Complex Civil Litigation / Large Scale Litigation 3 David W. Ichel F 9:00 AM - 12:30 PM Unavailable Requires available Sakai site

This is an advanced civil procedure class taught by a former big case litigator in the Moot Courtroom (for most classes) and via Zoom (for a few classes) for those interested in learning how to litigate large cases, with an emphasis on real-world practical requirements, strategy and skills. Students will each week after the first session practice stand-up courtroom (and Zoom) 3-minute "mini- oral arguments" on many of the key cases so as to begin to prepare for big-case advocacy, which today occurs both in physical courtrooms and via video arguments. 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 every litigation, joinder of parties, 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; arbitration; and ways of accelerating or terminating potentially or actually protracted cases, including settlement, mediation, representative trials, mini-trials and claims processing facilities.

315-01-Spring2023-syllabus.docx31.57 KB

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

317.01

Criminal Justice Ethics 2 Geovanny Martinez Tu 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

Criminal Justice Ethics (2 Credit Seminar) focuses on the professional and ethical laws governing attorneys in the criminal justice system. The course focuses on issues affecting both prosecutors and defense attorneys and the applicable rules of professional conduct. The course will work to deepen students’ understanding of the role and responsibilities of criminal justice attorneys in society. This is a specialized ethics course with a focus on lawyers working in the criminal justice system, as such our focus will not cover the Rules of Professional Conduct in their entirety. The class is discussion-based. The primary methods of assessment will be three (3), two-page reflection papers throughout the semester and a final 15-page research and/or analytical paper.

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

320.01

Water Resources Law 2 Nancy Lauer Fr 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

This survey course examines the legal and policy issues governing water quality and 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 key laws that affect water quality and quantity, including the Clean Water Act, the Safe Drinking Water Act, the National Environmental Policy Act, the Endangered Species Act, and others.  Students will also explore emerging issues in water policy, including the regulation of "forever chemicals," protection of wetlands, and mitigation of and adaptation to climate change, among other policy issues.  Throughout the course, students will study how environmental justice relates to water resource management.

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

321.01

The Law and Policy of Innovation: the Life Sciences 3 Arti K. Rai MW 9:20 AM - 10:45 AM Unavailable Requires available Sakai site

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

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

323.01

Bankruptcy and Corporate Reorganization 2 Steven L. Schwarcz Th 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

The subject will be covered primarily from three perspectives: the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its potential to rehabilitate through a plan of reorganization; the supervision of a debtor by the bankruptcy court; and the reality that virtually all commercial transactions and financial contracting occur in the “shadow” of bankruptcy law and its potential to alter rights and obligations.

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

 

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

326.01

Corporate Taxation 3 Lawrence A. Zelenak TTh 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

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

Federal Income Taxation is a prerequisite (waivable at the discretion of the instructor for a student with a comparable tax background acquired in some other way).

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

329.01

Education Law 2 Jane R. Wettach F 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

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

331.01

Introduction to Privacy Law and Policy 3 Jolynn Childers Dellinger TTh 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

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

Grading Basis: Graded

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

334.01

Civil Rights Litigation 3 Darrell A. H. Miller TTh 8:55 AM - 10:20 AM Unavailable Requires available Sakai site

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

336.01

A Practical Introduction to Mergers & Acquisitions 2 Caroline Bergman Gottschalk W 6:00 PM - 8:05 PM Unavailable Requires available Sakai site

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 party and the target firm in negotiating an acquisition and the differing roles played by the various parties involved in a transaction; the different types of agreements and other documents an attorney will encounter and negotiate over the course of a transaction; the critical role of information in M&A deals; conducting due diligence; the elements, structure and key terms of a typical acquisition agreement; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

Methods of Evaluation
  • Final Exam
  • Group project(s)
  • Class participation
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.

338.01

Animal Law 2 Shannon Arata W 6:00 PM - 7:50 PM Unavailable Requires available Sakai site

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.

Grading Basis: Graded

338-01-Spring2023-syllabus.pdf220 KB

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

342.01

Federal Courts

*5 credits

5 Ernest A. Young M-Th 2:00 PM - 3:10 PM Unavailable Requires available Sakai site

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

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

345.01

Gender & the Law

*2 credits

This course will meet over zoom with some in-person class meetings

2 Jennifer Levi M 6:00 PM - 7:50 PM Unavailable Requires available Sakai site

This course will explore the relationship between gender and the law, understanding gender in its broadest sense including sex, sexuality, gender identity, and gender queerness. It will focus on sex discrimination doctrines under the Equal Protection Clause of the United States Constitution as well as under federal and state statutory frameworks such as Title VII of the Civil Rights Act of 1964,Title IX of the Education Amendments Act of 1972, and cognate state statutes. It will also address the shifting scope of substantive due process doctrine, particularly given the recent Supreme Court Dobbs opinion. Other statutes such as the Americans with Disabilities Act will also be explored. Constitutional Law is highly recommended as a prerequisite.

The course will center around legal case studies to evaluate the relationship between law and justice in many areas that affect gender minority lives, including: employment, schools, health care, prison, public accommodations, family, youth and aging, and beyond. The emphasis will be on social justice lawyering strategies and the possibilities and limits that litigation, legislation, and policy developments present for work in these areas. Some film is used in class. Evaluation is by an end-of-term, untimed, open book examination, as well as 3 reaction papers assigned throughout the class. Other individual or group projects may also be required. Engaged student discussion and open-mindedness to new, different, and challenging ideas is invited and valued.

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

347.01

Health Care Law and Policy 3 Michael D. Frakes MW 8:55 AM - 10:20 AM Unavailable Requires available Sakai site

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

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

351.01

U.S. Immigration and Nationality Law 3 Kate Evans MW 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

This course will provide an overview of immigration law and policy. It combines a study of constitutional law, statutory interpretation, and administrative regulations. We examine the constitutional law governing noncitizens as they seek to enter and remain in the United States as well as the statutory provisions governing humanitarian protection, family-based and employment-based migration. We also discuss the immigration consequences of criminal convictions, the obligations of criminal defense attorneys to advise noncitizen clients, and the intersection of criminal and immigration enforcement systems.

The course explores the legal, social, historical, and political factors that have 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., the power of the executive branch to set and change immigration policy, 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. Students will participate in a mock removal proceeding and will complete hypothetical immigration problems that illustrate the application of constitutional, statutory, and regulatory immigration law.

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

The course satisfies the pre-requisite or co-requisite requirement to enroll in the Immigrant Rights Clinic.

359.01

Introduction to Law and Economics 3 Ehud Guttel MW 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

Law and economics is one of the most influential schools of thought in modern legal theory. The ideas propounded by the economic analysis of law are gaining increasing traction in court decisions as well as in legal policy. This course explores the methodology of economic analysis in the legal context and discusses several of its provocative insights. This course will examine the major contributions of the economic analysis of law in the classical common law categories of contract, tort and property, as well as in other areas that may not initially appear to be amenable to economic reasoning. The course does not require any background in economics.

Grades: 100% of the grade will be based on the final exam.

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

360.01

International Taxation

*2 Credits

2 Shu-yi Oei W 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

This course covers the basic rules governing the U.S. income taxation of international business and investment transactions. After a brief explanation of basic American income tax concepts, the principal rules of taxation relating to income of American taxpayers that is earned abroad, and the income of foreign taxpayers that is earned in the U.S., will be described and discussed. The course will then focus on how the United States’ rules interact with taxation systems in other countries, exploring the concepts of source of income and residence of the taxpayer, and their role in the tax rules relating to international trade. The course will also include consideration of the role of bilateral tax treaties as a means of promoting crossborder investments and international trade through the avoidance of international double taxation. The OECD model treaty will be examined as an illustration of the interaction between double tax treaties and domestic regulations. The course will also describe and discuss the role of transfer pricing in tax avoidance efforts by business taxpayers, especially U.S. multinational corporations.  Finally, the course will explore recent developments in the international effort to reduce tax-base erosion and income shifting among taxing jurisdictions.

Methods of Evaluation
  • Final Exam
Pre/Co-requisites

Federal Income Taxation or equivalent.

361.01

International Trade Law 3 Tim Meyer Tu/Th 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

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

380.01

Research Methods in International, Foreign and Comparative Law 1 Michael McArthur Th 10:55 AM - 12:20 PM Unavailable Requires available Sakai site

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

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 Unavailable Requires available Sakai site

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

387.01

Securities Litigation, Enforcement, and Compliance

*New*

3 Veronica Root Martinez MW 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

This survey course is designed to acquaint you with the theoretical as well as practical aspects of federal securities litigation, enforcement, and compliance, which is a dynamic area of legal practice with a number of developments occurring on multiple fronts. This course will address the massive financial frauds at Enron, WorldCom, and other large companies that occurred as the twenty-first century dawned.  It also looks at the scandals that culminated in the 2008 financial crises, which led to Congress’s enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  Additionally, it will look at more recent developments in the securities law area.  In short, this course will provide the grounding needed for you to enter a securities litigation, enforcement, or compliance practice.

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

Law 210 Business Associations is a pre- or co-requisite for this course.  Students taking this course may not take or have taken Law 575, Securities Litigation.

390.01

Structuring and Regulating Financial Transactions 3 Steven L. Schwarcz W 3:35 PM - 6:20 PM Unavailable Requires available Sakai site

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

393.01

Trademark Law and Unfair Competition 2 Jennifer Jenkins MW 11:00 PM - 12:00 PM Unavailable Requires available Sakai site

This class offers an introduction to the law of trademark and unfair competition. Whether or not students intend to specialize in trademark law, a basic understanding of its rules will better enable them to advise clients who wish to protect their own marks, as well as those facing claims that they have infringed someone else’s mark. No technical background is needed. Trademarks include brand names and logos, and can also extend to other features that identify the source of a product for its consumers – including colors, packaging, and design – when they meet certain requirements. The course will begin with the requirements for obtaining trademark protection: distinctiveness, use in commerce, special rules for trade dress, and various bars to protection such as genericity and functionality. It will then cover confusion-based trademark infringement, secondary liability, anti-dilution, statutory and common law defenses, false advertising, and cybersquatting. Could a Utah theme park called “Evermore” stop Taylor Swift from calling her album “Evermore”? Did Lil Nas X’s Satan shoes infringe Nike’s trademarks? With the proliferation of craft brews, are we running out of brand names for beer, particularly pun-based “hoptions”? The course will address these and other pressing questions.

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

399.01

Forensic Psychiatry 2 Sally C. Johnson, M.D. W 10:00 AM - 12:00 PM Unavailable Requires available Sakai site

This course is designed to provide students with a working knowledge of the major areas of interface between psychiatry and law. Basic concepts of clinical psychiatry and psychopathology will be highlighted throughout the course. The attorney and the psychiatrist roles in the commitment process, right to treatment and right to refuse treatment, competency to stand trial, and criminal responsibility will be explored using a number of methods. Discussion of assigned readings, short lectures, interviews and observation of patients involved in legal proceedings, films, guest speakers, and field trips will form the basis of the course. The students will periodically be asked to use the information from the course together with independent and group research to complete short projects and class exercises.

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

400.02

Health Justice Clinic 4-6 S. Hannah Demeritt, Allison Korn Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

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

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

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

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

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

Clinics Enrollment Policy

Important:

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

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

Ethics Requirement

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

401.02

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

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

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

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

416.02

Children's Law Clinic 4-5 Crystal Grant, Peggy Nicholson Tu 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

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

Important:

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

Ethics Requirement

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

417.02

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

This two or three credit course is available to students who have participated in one semester in the Children's Law Clinic, and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic. Supervisors will work with advanced students to develop an advanced experience that meets the interests of both the students and needs of the clinic. Students enrolled in advanced clinical studies are required to participate fully in the case work and/or policy portion of the clinic, performing a minimum of 100 hours (2 credits), 125 hours (3 credits) or 150 hours (4 credits) of client representation work, but will not be required to attend the class sessions. A classroom component is available for students using advanced clinic to satisfy their experiential learning requirement.

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

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

420.01

Trial Practice 3 Michael Dockterman M 4:00 PM - 6:50 PM Site link LAW-420-01-Sp23@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.

Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 12, and continue with sessions on the afternoon of Friday, January 13; morning of Saturday, January 14; and morning of Sunday, January 15. Attendance is required at these sessions.

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.

420.02

Trial Practice 3 Mark Anderson W 6:00 PM - 8:50 PM Unavailable Requires available Sakai site

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.

Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 12, and continue with sessions on the afternoon of Friday, January 13; morning of Saturday, January 14; and morning of Sunday, January 15. Attendance is required at these sessions.

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 Melissa Hanson, Marilyn Forbes Phillips W 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

Topics  include:

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

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

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

422.02

Criminal Trial Practice 3 Thomas K. Maher Tu 6:00 PM - 8:50 PM Site link LAW-422-02-Sp23@sakai.duke.edu

This is the basic trial skills course with a focus on criminal litigation. Prof. Maher is an experienced criminal litigator who currently represents clients in state and federal court. The class meets one night each week, and recorded lectures are available for students to view. The course covers Story Telling, Brainstorming, Opening Statement, Direct Examination, Cross Examination, Impeachment, Experts, Exhibits, Trial Preparation, Opening Statement and Closing Argument. The class is limited to 12 students so that each week each student will prepare and perform the various skills using simulated problems and case files, some of which are based on real cases and will allow students to work with actual recordings and other evidence. After each performance, students receive constructive comments both in class and during individual video review meetings. At the end of the semester students, typically in teams of two students, will litigate a mock criminal trial with jurors. Students who have not taken evidence, but who are enrolled in evidence, may take the class.

Please note: The Trial Practice Intensive is scheduled to begin on the evening of Thursday, January 12, and continue with sessions on the afternoon of Friday, January 13; morning of Saturday, January 14; and morning of Sunday, January 15. Attendance is required at these sessions.

Methods of Evaluation
Pre/Co-requisites

LAW 245 Evidence is required and may be taken in a previous semester or concurrently. This course is not open to students who are taking, or have taken, Law 420 Trial Practice.

427.02

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

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

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

429.02

Civil Justice Clinic 4 Charles R. Holton, Jesse McCoy Tu 4:00 PM - 5:50 PM Site link LAW-429-02-Sp23@sakai.duke.edu

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

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

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

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

Important:

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

431.02

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

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

Variable Units: 1-2 credits

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

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

435.02

First Amendment Clinic 4 Amanda Martin, Sarah H. Ludington Tu 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

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

Important:

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

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

Ethics Requirement

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

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

435A.02

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

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

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

437.02

International Human Rights Clinic 4-5 Aya Fujimura-Fanselow, Jayne Huckerby Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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. Students are required to have taken Human Rights Advocacy (offered only in the Fall) as a pre-requisite or co-requisite. There is no ethics requirement for this course. Some travel will likely be involved. Student project teams will also meet at least once a week with the clinic instructors. Students work on clinic projects 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.

Enrollment Pre-/Co- Requisite Information

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.

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.

441.02

Start-Up Ventures Clinic 4 Bryan McGann Tu 2:00 PM - 3:25 PM Unavailable Requires available Sakai site

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

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

Important:

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

Ethics Requirement

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

441A.02

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

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

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

443.02

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

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

Clinic Enrollment and Credit Policies

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

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

Ethics Requirement for Law Students

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

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

443A.02

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

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

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

445.02

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

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

Students are directly responsible for these cases and take the leading role in defining advocacy goals and strategies with their clients. Through the clinic, students can build their litigation skills and develop a better understanding of how to engage in immigrant rights campaigns. The Immigrant Rights Clinic combines a substantive weekly seminar, case work, and weekly case supervision and instruction meetings. It is a one-semester course offered in both the fall and spring semesters and students will have an Advanced Clinic option.

Clinics Enrollment Policy

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

Grading Basis: Graded

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

There are two pre-/co-requisites to enroll in the Immigrant Rights Clinic. Students must have taken, or concurrently enroll in, a qualifying ethics class and one of two immigration classes. For the ethics class, any course identified as fulfilling the ethics & professionalism graduation requirement can satisfy the clinic’s ethics class requirement. (e.g., Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539). For the immigration class, either the two-credit Race & Immigration Policy course (Law 768)—taught in the fall—or the three-credit U.S. Immigration & Nationality Law course (Law 351)—taught in the spring—satisfies this requirement. Evidence, Criminal Procedure, and Administrative Law are helpful but not required.

445A.02

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

This course is available to students who have participated in one semester of the Immigrant Rights clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic.

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

447.01

Criminal Defense Clinic
*New*
4 Elana Fogel Tu 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

The Criminal Defense Clinic will center around the direct representation of indigent clients facing prosecution for criminal charges in Durham District Court. The primary focus of student casework will be serving as lead counsel on misdemeanor cases. Students’ trial-level advocacy will be grounded in seminar examination of mass incarceration, the impacts of race and poverty in the criminal justice system, and principles of client-centered and community-oriented defense. Through observation and shadowing, their own in-court experiences, and close faculty supervision clinic students will develop professional skills in client interaction, fact-development, case planning, negotiation, legal writing and argument, and trial advocacy. The semester will conclude with students extrapolating opportunities for systemic reform, derived from their experiences representing individual clients, with an emphasis on creative and interdisciplinary advocacy. Consistent with the law school’s other clinics, the Criminal Defense Clinic will combine a substantive weekly seminar with weekly individual case supervision and preparation meetings, and clinical casework.

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

Pre-Req:  Law 245 Evidence and Law 226 Criminal Procedure: Investigation 

Co-requisites:  Law 420 Trial Practice or Law 422 Criminal Trial Practice and Ethics

460.05

Negotiation for Lawyers 3 Marilyn Forbes Phillips M 4:00 PM - 6:45 PM Unavailable Requires available Sakai site

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

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

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

 

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

460.06

Negotiation for Lawyers 3 Frances Turner Mock Tu 2:00 PM - 4:45 PM Unavailable Requires available Sakai site

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

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

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

 

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

460.07

Negotiation for Lawyers 3 Casandra L. Thomson W 3:35 PM - 6:20 PM Unavailable Requires available Sakai site

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

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

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

 

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

460.08

Negotiation for Lawyers 3 Frances Turner Mock W 6:00 PM - 8:45 PM Unavailable Requires available Sakai site

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

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

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

 

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

468.01

Child Advocacy Lab 1 Crystal Grant W 5:30 PM - 7:30 PM Unavailable Requires available Sakai site

There is significant lack of understanding between the fields of medicine and law, as well as missed opportunities to advocate for children’s rights and improved health outcomes. The Child Advocacy Lab offers a unique opportunity to join a dynamic, collaborative learning environment bringing medical and law students to the forefront of child advocacy.  Students will engage in team projects and conduct research related to current child advocacy issues, with particular focus on recent changes in mandated reporting laws that have greatly affected all professionals working with children.  The lessons learned from working cooperatively with other disciplines will directly translate to enhance career skills for interdisciplinary practice.

Grading Basis: Credit/No Credit

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

473.03

Scholarly Writing Workshop 3 Jeremy Mullem W 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

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

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

Under Law School Rule 3-1 as approved in May 2022, this course will conform to a 3.5 median unless special circumstances merit exceeding that median, but it will not be subject to distributional bands outside the 3.5 median because grading is not based on a uniform metric.

Attendance is required at the first class meeting and students should come prepared with ideas for possible paper topics. Those wishing to drop the course must do so within one day following the first class.

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

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

473.04

Scholarly Writing Workshop 3 Amelia Ashton Thorn Tu 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

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

Under Law School Rule 3-1 as approved in May 2022, this course will conform to a 3.5 median unless special circumstances merit exceeding that median, but it will not be subject to distributional bands outside the 3.5 median because grading is not based on a uniform metric.

Attendance is required at the first class meeting and students should come prepared with ideas for possible paper topics. Those wishing to drop the course must do so within one day following the first class.

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

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

475A.01

Law & Policy Lab: Data Governance 2 Keith Porcaro Tu 6:00 PM - 8:00 PM Unavailable Requires available Sakai site

Focus: Health Data and Learning Health Networks

Data-savvy lawyers and practitioners must be able to work across disciplines, solve modern problems, and steward organizations of all stripes through digital issues. This course focuses on digital governance: how organizations and communities make decisions about data, code, their missions, and their membership, and how those decisions can break down or reinforce systems of structural exclusion.

Here, students will learn how to design, build, and govern effective data communities. They will navigate realistic scenarios and attempt to build equitable collaborations around shared missions and values. And they will use the tools of the law to build policies, procedures, and accountability structures to ensure that stakeholder communities’ data is protected and productive, and that data outputs accrue to the benefit of all.

Health Data and Learning Health Networks

In this simulation class, law and graduate students will attempt to organize and govern a health data collaboration for Long Covid patients. Students will work with each other to role-play as hospital administrators, principal investigators, and patient advocates, and decide whether and how to collaborate and share data with one another. Throughout the semester, students will hear from practitioners building and governing health data collaborations in the field.

Our class will go beyond will go beyond negotiating a data-sharing agreement between multiple parties. Students will need to decide who should be involved in their collaboration, how it should be governed, how it should manage risks, and what policies and procedures should be in place to run the collaboration, keep data safe, and maintain trust among community members.

475A-01-Spring2023-syllabus.pdf1.31 MB

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

476.01

Ethical Technology Practicum 3 Lee Tiedrich W 2:00 PM - 4:45 PM Unavailable Requires available Sakai site

Technological developments have greatly outpaced the legal, ethical, and policy developments in many areas of emerging technology.  As a result, these developments raise important questions on the legal and policy frameworks and practices most appropriate to build an ecosystem of trust that will help ensure citizens and other stakeholders that these innovations will benefit them and are being developed and deployed in an ethical, safe, reliable and responsible manner.  Policymakers and other stakeholders around the globe are grappling with these questions.  As the policy discussions unfold, organizations also are developing their own practices for operationalizing trustworthy or ethical technology.  To do this, organizations often assemble cross-functional teams and develop policies and practices to guide their organization, drawing on myriad sources such as existing and proposed laws, “soft law,” and other resources.  When it comes to the development of individual or novel technologies or platforms, those teams often include ethical guidance to inform “ethics by design” that can help direct developers, and the development of products themselves. The goals of this Practicum are to provide (a)the foundational legal, ethical, and policy frameworks, drawing upon the growing body of existing and proposed laws, ethics by design approaches, and other literature and resources, and (b) practical experience working in a cross-functional team to help an organization design a plan to help manage ethical development of an emerging technology or technological platform in their portfolio. Students will be evaluated on various steps in developing their plans, working with their client, their completed plan, and presentation of their work. 

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

478.01

Real Estate Transactions and Litigation 3 Joe Creech W 4:00 PM - 6:45 PM Unavailable Requires available Sakai site

Students will be introduced to the core types of real estate transactions practicing attorneys are likely to encounter, with a particular focus on how certain issues and relationships common to such transactions first impact document negotiation and later often lead to disputes and litigation. The course will explore these transaction types through actual case studies to identify and reinforce key business considerations, areas of friction and disagreement, and transactional/litigation strategy. Class meetings will include either a group or individual exercise on transactional drafting, negotiation or litigation strategy on which students will be graded. The course will conclude with a final simulation in which students will be given fact patterns regarding a hypothetical transactional dispute and asked to: (i) “mark-up” and revise select contract provisions from a selection of the various transactional types studied during the course; and (ii) evaluate and analyze the issues most likely for dispute.

Grading Basis: Graded

478-01-Spring2023-syllabus.docx33.91 KB

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

480.01

Mediation Advocacy 3 Casandra L. Thomson Tu 2:00 PM - 4:45 PM Unavailable Requires available Sakai site

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

Law 460, Negotiation for Lawyers, is a pre-requisite/co-requisite for this course. 

493.01

Wrongful Convictions Clinic 4 James E. Coleman, Jr., Jamie T. Lau Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

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

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

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

Any ethics course (Law 231, Law 237, Law 238, Law 239, Law 317, or Law 539)

494.02

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

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

 

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

502.01

Forensics Litigation
Fast track Friday 2/10, and Fri. and Sat. 2/24 & 2/25
1.5 Brandon L. Garrett, Kate Philpott FS 9:00 AM - 5:00 PM Unavailable Requires available Sakai site

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

518.01

Constitutional Law II: Historical Cases and Contemporary Controversies 2 H. Jefferson Powell Tu 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

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

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

519.03

Contract Drafting 2 Lily Farel Th 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

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

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

519.04

Contract Drafting 2 Sofia Hernandez Th 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

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

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

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

519.05

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

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

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

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

519.06

Contract Drafting 2 Sarah Powell Th 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

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

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

526.01

Jury Decision Making 2 Brian Bornstein Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

This course is intended as an introduction to experimental research, legal theory, and caselaw on jury decision making.  Although the topic overlaps considerably with areas of basic decision making--e.g., the heuristics and biases literature--the focus will be mostly on applied research looking at the decisions of real (or simulated) jurors.

Grading Basis: Graded

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

530.01

Entertainment Law
First and last class mtg. in-person/others via Zoom
2 Sarah Vacchiano Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

Law 530 (“Introduction to Entertainment Law”) explores how principles of intellectual property, contract law, media law and labor law inform the practice of entertainment law, and provides a comprehensive, “nuts and bolts” introduction to working as an entertainment lawyer.  The course focuses on learning practical legal and business skills such as drafting and negotiating financing, development, production and distribution deals in the motion picture and television industry.  The final course grade will be based on (i) class attendance and participation (50%), (ii) drafting and negotiating assignments (25%), and (iii) a final project, which will include an in-class presentation and long-form drafting assignment (25%). 

Methods of Evaluation
Pre/Co-requisites

Prerequisites: Law 130 Contracts, and either IP (Law 270) or Copyright (Law 322).

531.01

In House Law Practice 2 Allen Nelson, Bradley Zimmer W 6:00 PM - 7:50 PM Unavailable Requires available Sakai site

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.

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

532.01

Venture Capital Financing 3 W.H. "Kip" Johnson III Th 4:00 PM - 6:45 PM Unavailable Requires available Sakai site

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, in addition to either Law 534 Advising the Entrepreneurial Client or Law 540 Startup Law, 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 Unavailable Requires available Sakai site

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

544.01

The Collective Action Constitution 3 Neil S. Siegel W 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

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

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

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

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

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

546.01

International Law of Armed Conflict 3 Charles J. Dunlap, Jr. M 4:00 PM - 6:50 PM Site link LAW-546-01-Sp23@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 (3rd ed., 2021). 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

548.01

Antitrust Course Plus

Fast track meets 4/11, 4/13, 4/18 and 4/20/23

0.5 Barak D. Richman TTh 6:00 PM - 7:30 PM Unavailable Requires available Sakai site

The half-credit add-on seminar will constitute a review of current litigation and FTC/DOJ initiatives that highlight antitrust policy today, including the Biden Executive Order on Competition (and its aftermath).  A special focus will be on antitrust policy towards the digital platforms and the assorted major cases against Google, Facebook and Amazon.  Classes will be more participatory, akin to seminar discussions, than the 3-credit core antitrust class.  Students will submit a final paper, consistent with the obligations of a half-credit seminar, on a topic of their choosing related to contemporary – and future – antitrust policy.  The course will be open to students who have completed or are concurrently enrolled in the core Antitrust course (LAW 205)

Grading Basis: Graded

Methods of Evaluation
  • Reaction Papers
  • Research and/or analytical paper(s), 10 pages
Pre/Co-requisites

Previous or concurrent enrollment in LAW 205 Antitrust

549.01

Corporate Counseling and Communication 2 Marie Grant Lukens Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

555.01

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

This course identifies and explores aspects of the American legal system that have effects – both negative and positive – on the ability of people and society to prevent the onset of financial anxiety and economic insecurity.   Set in the context of the COVID-19 pandemic but with analogues in laws that were enacted and implemented in other contexts,  the class will explore the meaning of financial anxiety and economic insecurity and discuss why they matter.  The class will then explore various laws. and their implementation by federal and state agencies, as relevant to financial anxiety and economic insecurity.   Subjects that bear upon financial anxiety that will be explored through the prism of law include housing finance, student loan finance, personal information security and climate security. The legislative response to the COVID-19 pandemic, in particular the CARES Act, will be analyzed in relation to how laws regarding financial anxiety and economic insecurity have been crafted by Congress in the last decade as a response to crises such as the financial and foreclosure crisis of 2008,   With these comparative laws and financial contexts, the class will engage in discussions about the extent to which the American legal system is equipped to handle the challenges of dealing with financial anxiety in the context of the COVID-19 pandemic.  We will discuss financial anxiety in the larger context of consumer debt, agency and regulatory action, and legislative responsiveness as well as differential impacts related to debt, race and gender. The readings will come from law and non-law sources. The class will discuss issues relevant to the legal system and the study of business law and finance generally, including the use of data to illuminate legal problems, the role of lawyers and business actors, and the nature of modern policymaking.

Grading Basis: Graded

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

561.01

Tax Policy 2 Lawrence A. Zelenak TuTh 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

This two-credit seminar will feature presentations (eight in total) of works-in-progress on a wide range of tax policy topics, by leading tax academics from law schools around the country. Although this is a two-credit seminar, it is scheduled for three hours per week on the weeks in which it meets. The seminar will meet during only two-thirds (approximately) of the weeks of the semester. More precisely, the first meeting will be on Thursday, February 3, after which the seminar will meet regularly for the remainder of the semester. On the weeks during which we consider the works-in-progress, the seminar will meet twice: first (on Tuesday) to discuss the paper prior to the arrival of its author, and a second time (on Thursday) to discuss the paper with the author. In addition, there will be an initial meeting (February 3) not in connection with a particular paper, and a final meeting (on Tuesday, April 12) also not in connection with a particular paper. Students will write reaction papers (of approximately three double-spaced pages) for seven of the eight works-in-progress. (Each student can choose which week not to write a reaction paper.) Grades will be based on the reaction papers and on contributions to the seminar discussions.

Methods of Evaluation
  • Reaction Papers
  • Class participation
Pre/Co-requisites

Federal Income Taxation is a prerequisite (waivable at the discretion of the instructor for a student with a comparable tax background acquired in some other way).

570.01

Criminology and Criminal Procedure 2 Ben K. Grunwald Tu 2:00PM - 3:50PM Unavailable Requires available Sakai site

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

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

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

571.01

Future of Contracts
*New*
2 Jeff Ward Tu 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

Future of Contracts aims to expose students to current issues in the digital transformation of legal services—e.g. harnessing data, facilitating operations and project management with design and technology, applying artificial intelligence to key functions, etc.—in order to “future proof” their approaches to transactional law and contracts practice.

There is no question that a sea change is under way and that new technologies are key forces for change. Legal professionals are increasingly turning to accessible and impactful technologies that help them achieve better outcomes and offer higher value through data-driven analytics and insights, higher efficiency and productivity, and greater and more equitable access. Students interested in preparing for tomorrow should be exposed to this world as much as possible.

Because this world of digital legal transformation of transactional legal practice is wide, in Future of Contracts we’ll narrow our focus with three overlapping lenses: (1) a contracts lens, (2) an AI lens, and (3) an ethics lens.

(1) Contracts lens

While one could focus a future-focused law and technology class on litigation tools, e-Discovery, digital courts and online dispute resolution, etc., this class will focus on contracting practices.

(2) Artificial Intelligence (AI) lens

Even beyond a focus on contracts, we’ll dig especially deep on contracts and AI. AI can be used to increase efficiency in legal practice and access to legal services. Today’s law students—tomorrow’s lawyers—will almost certainly encounter AI in their law firms and other organizations. Students who leave law school with a firm grasp on not only how AI technologies can be used to increase efficiency and efficacy but also a good sense of its present limitations (which remain significant) will have a head start.

(3) Ethics lens

As we explore issues in transactional law, contract practice, and AI & contracts, we’ll focus expressly on ethical issues and challenges. Future of Contracts will explore how AI-facilitated contracting might raise issues of ethics and professional responsibility. We’ll also ask how the rules that guide legal services hinder or help technology’s potential to increase access to legal services. We’ll take these challenges seriously, asking how we can both protect the integrity of legal services and possibly make room for greater innovation and access to the law.

Work product for this course will involve:

(1) Engagement in a Modern Contracting Simulation based on real-world contracting scenarios. For example:

  • How does the legal function of Unilever respond and help inform the company’s strategic decision-making when Covid hits and suddenly makes force majeure clauses in 196,000 supply-chain contracts relevant and necessary to review?
  • How does Accel/KKR manage NDAs among the thousands of potential portfolio companies with which/from which it shares/receives information each year?
  • How does a small LLC doing web design work seek information and appropriate advice before entering into a master services agreement with a mid-sized tech company it hopes to serve?
  • Etc.

(2) Conducting a brief Company Evaluation by exploring a modern contracting tool, offering a detailed assessment of its function, possibilities, risks, etc. in terms of legal practice, organizational/operational needs, ethical risks, etc.

With guest experts and current materials, the focus of all deliverables will be on realistic experiences of being a transactional attorney today and tomorrow.

No textbook required.

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

576.01

Agency Law in a Changing Economy 2 Deborah A. DeMott W 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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, Len Simon Tu 7:00 PM - 8:50 PM Unavailable Requires available Sakai site

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

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

580.01

Law & Economics Colloquium 2 Ofer Eldar, Michael D. Frakes M 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

Grading Basis: Graded

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

581.01

Blockchain, Fintech Law and Policy

Online

2 Linda Jeng, Greg Xethalis W 7:00 PM - 9:00 PM Unavailable Requires available Sakai site
Updated: November 12, 2021

The Internet, the increased power of computing and new technology are driving the decentralization of all aspects of the global economy, including financial services. Today, we can surf the Internet, download apps, listen to music, shop, send money to friends and family, manage our financial accounts, and buy bitcoin – all from our smartphones.

For decades, banks had been one-stop shops for financial services. Financial technology firms (fintechs), leveraging the sharing of personal customer bank account data, have quickly emerged to unbundle aspects of financial services and rebundle them on platforms. The pace of platformization has picked up since the Global Financial Crisis of 2008, yet financial laws and regulations have not kept pace. Data protection laws were passed in the 1970s long before the advent of fintech services and products, and customer liability protections do not fully extend to nonbank-provided mobile payment transactions.

Meanwhile, money is making a leap in evolution. From commodity-based currencies to fiat-based currencies that support commercial bank money and mobile payments, we now see an emergence in cryptocurrencies beginning with Bitcoin launched in 2009. Questions about whether central banks should issue their own form of digital currency became more pressing when Facebook announced its plans in 2020 to issue a digital currency: Libra. Now central banks around the world are exploring issuing central bank digital currencies or CBDCs. These developments raise important questions of how best to design CBDCs and what kinds of personal data can be collected on users transacting in CBDCs.

New technologies such as blockchain are driving further innovation in financial services. After the advent of native cryptocurrencies like Bitcoin and Ethereum with high price volatility, stablecoins were developed with the goal of being more “stable”. However, it is uncertain under US laws or regulations if these digital assets are commodities, securities, or currency. These blockchain technologies are driving decentralization of financial services, and perhaps the largest legal and policy question of all is how should decentralized finance, or DeFi, fits in our current framework of laws and regulations.

This course aims to provide you with an understanding of legal and policy issues raised by tech-driven financial innovation. You will learn about the critical legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments technologies, and financial account aggregators. In addition, you will learn how regulatory agencies in the U.S. are continually adjusting to the emergence of new financial technologies.

This course will be delivered online.  Students will be assessed on class participation and a 25-30 page research paper. This paper may not be used to satisfy the JD SRWP requirement without permission.  The paper will satisfy the LLM writing requirement.

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

Prior or current registration in a financial regulatory course (e.g., Big Bank Regulation; Securities Regulation) or permission of the instructors.

585.01

Philanthropy, Voluntarism and Not-For-Profit Law and Management
Starts on January 11 (before Law School) Meets in Sanford 03
3 Joel L. Fleishman W 10:15 AM - 12:45 PM Unavailable Requires available Sakai site

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

588.01

Investigating and Prosecuting National Security Cases 2 Shane Stansbury W 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

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. JD or LLM students who wish to use the paper to satisfy the substantial writing requirement of their degree should enroll in a 1 credit independent study with Professor Stansbury and will be expected to write a final paper of 25-30 pages in length. The Independent Study will be graded on a credit/no-credit basis.

Grading Basis: Graded

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

592.01

Frontier AI & Robotics: Law & Ethics 3 Jeff Ward M 4:00 PM - 6:45 PM Site link LAW-592-01-Sp23@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.

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

599.01

Race, Bioethics and the Law
*New*
2 Nia Johnson W 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

Much of the mainstream dialogue regarding medicine, technological advances, and healthcare has relied on the premise of fairness and equality. However, this is not the entire story. Many of the advancements we take for granted were produced at the expense of racially marginalized individuals. Though these challenges can feel insurmountable, we have the tools to develop solutions. The goal of this course is to teach students the shared history of racism in medicine and to empower them to address these disparities through bioethics and the law. The course will cover historical bioethical incidents that shaped racially marginalized individuals’ relationships with healthcare and science. It will also examine healthcare, bioethics, and the law through the lens of racially marginalized peoples and anti-Blackness in law and policy. Lastly, it will also cover various approaches to integrating anti-racist principles into the practice of law.

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

605.01

Race and the Law Speakers Series 1 Trina Jones W 12:30 PM - 1:45 PM Unavailable Requires available Sakai site

In this Speakers Series, leading scholars and activists will share insights on pressing questions shaping U.S. 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. Participation from a diverse group of students is encouraged.

Grading Basis: Credit/No Credit

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

611.47

Readings: Topics in Corporate Diversity

*New*

Meets Friday 2/17 (1-5 PM) and Sat-Sun 2/18 & 2/19 (9 AM - 1 PM)

1 Darren Rosenblum Unavailable Requires available Sakai site

We will study the law of corporate governance with a focus on several key debates. These debates include shareholder or stakeholder theory,   shareholder democracy, and especially diversity in corporate governance. Within our discussion of diversity, we will consider several underrepresented groups, including but not limited to differences across sex, race, gender and sexual identity, and Indigenous identity. We will consider both voluntary and mandated diversity measures in Canada, the United States, Europe and elsewhere. Our examination will incorporate a perspective on how social science has influenced regulation.

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

611.48

Readings: Social Justice and Business Law

*New*

1 Emilie K. Aguirre W 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

This readings course explores the intersection between social justice and business law. How do (and should) companies pursue social and environmental goals? What are companies’ proper role in society? Each week will focus on a different issue affecting companies of all sizes and stages, from early-stage startups to large multinational companies. Topics to be covered include race and gender, worker rights, climate change and the environment, AI/tech, and more.

No prior experience in business law is required or expected, though is certainly welcome. The course will meet once per week for the first seven weeks of the semester.

Students will be required to write and submit short response papers after each class, which are due by 5pm on the Friday following class. Students will also be responsible for co-leading discussion for one class session during the semester.

Likely topics include:

1. Week One: Intro to Course and Social Goals and the Venture-Backed Startup

Course overview and background information on the course of the business lifecycle.

How do you scale social and environmental goals in a startup? We will explore the “growth at all costs” model in startups and its compatibility (or not) with the pursuit of social and environmental goals.

Possible Readings: selections from Venture Predation (Wansley and Weinstein), Venture Capital and Social Change (Aguirre)

2. Week Two: Diversity and Entrepreneurship/Venture Capital

Startups are huge drivers of economic growth and employment. But who gets funded and who is doing the funding? What are the systemic effects of VC funding and the startup landscape, particularly in terms of race, ethnicity and gender?

Possible Readings: TBD

3. Week Three: Workers and Social Purpose

How do workers factor into companies’ pursuit of social purpose? How can (and should) firms address the precarity of work and the prevalence of overwork in today’s society? We will explore this at companies of various types, sectors, and stages.

Possible Readings: Sustainability for People and Planet (Yen et al)

4. Week Four: Millennials, Gen Z and Social Purpose

How do generational shifts affect the pursuit of social purpose, as Millennials and Gen Zers increasingly occupy the largest share of employees, investors, and consumers?

Possible Readings: The Millennial Corporation (Barzuza, Curtis, and Webber)

5. Week Five: The Social Benefits of Control

What happens when we entrench insider control of companies in the name of social good? The use of structures like multi-class shares have raised a lot of controversy over what constitutes good governance. How concerned should we be over these structures, and do they add any value when used to protect the pursuit of social purpose?

Possible Readings: selections from Ousted (Aran and Pollman), The Social Benefits of Control (Aguirre)

6. Week Six: Regulatory Entrepreneurship

Sometimes firm business models entail breaking the law, or trying to change the law to accommodate new technologies, innovations, or changing views of the world. How should we treat law-breaking companies who rely on regulatory entrepreneurship for their business model?

Possible Readings: Regulatory Entrepreneurship (Pollman)

7. Week Seven: Balancing Multiple Objectives Simultaneously

What happens with social purposes come into conflict with each other? How should we manage tradeoffs? We will discuss this topic through the lens of crypto, AI, health, and climate change, among other topics.

Possible Readings: TB

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

611.49

Readings: Law Firm Controversies

*New*

Will meet every other week beginning 1/24/23

1 Samuel W. Buell Tu 10:20 AM - 12:20 PM Unavailable Requires available Sakai site

Exploring recent matters in which market forces and client pressures have caused large law firms to be enmeshed in controversies.  Readings will be drawn from such sources as Servants of the Damned by David Enrich, The Caesar’s Palace Coup by Sujeet Indap and Max Frumes, Bad Blood by John Carreyrou, and Catch and Kill by Ronan Farrow.

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

611.50

Readings: The Administrative State In Crisis

*New*

1 Lidiya Mishchenko M 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

Administrative law is at a pivotal juncture.  The pandemic has undermined trust in government agencies.  Recent presidential administrations have had wildly different approaches to regulation, eroding the possibility of any ambitious, long-term agency action. And the escalating politicization of the judicial appointments process has led to court decisions that severely undermine the functioning of the administrative state.

This one-credit reading course will focus on recent debates about the role of the administrative state in our legal system and whether it upholds rule of law and democratic values.  Example topics include: independent agencies, appointments clause challenges, major questions doctrine, and agency funding.  Reading materials will include book excerpts, cases, and legal scholarship. Students will be evaluated on the basis of short reflection papers.  No prior coursework is required.  Class will meet for six two-hour sessions.

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

611AB.01

Readings in Ethical Issues in National Security Law

Year Long Course, .5 credit each semester.

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

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

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 in Judicial Biography

Year Long Course, .5 credit each semester.

0.5 Thomas B. Metzloff TBA Site link LAW-611B-02-Sp23@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. Students are required to participate for the full academic year.

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

617.02

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

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

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

Methods of Evaluation
Pre/Co-requisites
None

621.02

Externship Anne Gordon Unavailable Requires available Sakai site

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

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

Variable credit. With permission only.

Methods of Evaluation
Pre/Co-requisites
None

621S.03

Externship Seminar 1 T 6:00 PM - 8:00 PM Unavailable Requires available Sakai site

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

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

Credit for work in the externship placement (621) will be awarded on a Credit/No Credit basis, while the companion class (621S) is graded in accordance with the Duke Law grading policy for High-Pass / Pass / Low-Pass / Fail classes.  First time externs MUST take one of the two weekly Externship Seminars, offered on Tuesdays or Thursdays for the first seven weeks of the semester.  Students will be automatically enrolled in the Externship Seminar after they turn in their Externship Registration Form (available here) to Holly Dorfman (holly.dorfman@law.duke.edu) Students may not register themselves for the externship or seminar.

Grading Basis: Graded

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

621S.04

Externship Seminar 1 Th 6:00 PM - 8:00 PM Unavailable Requires available Sakai site

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

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

Credit for work in the externship placement (621) will be awarded on a Credit/No Credit basis, while the companion class (621S) is graded in accordance with the Duke Law grading policy for High-Pass / Pass / Low-Pass / Fail classes.  First time externs MUST take one of the two weekly Externship Seminars, offered on Tuesdays or Thursdays for the first seven weeks of the semester.  Students will be automatically enrolled in the Externship Seminar after they turn in their Externship Registration Form (available here) to Holly Dorfman (holly.dorfman@law.duke.edu) Students may not register themselves for the externship or seminar.

Grading Basis: Graded

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

632.01

LLMLE Practicum 5 Erika J.S. Buell Unavailable Requires available Sakai site

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

Methods of Evaluation
Pre/Co-requisites
None

634.01

LLMLE Practicum for 3L JD-LLMLEs 3 Erika J.S. Buell Unavailable Requires available Sakai site

The Practicum is the centerpiece of Law and Entrepreneurship LLM Program. During the semester, students work in startup companies, venture capital firms, regulatory agencies, law firms with entrepreneurial practices, and similar organizations. The goal of the program is to expose students to a wide range of entrepreneurial issues in a "real-life" setting. The Practicum goes beyond general coursework to provide specific, useful skills and information. It allows students to address the intersection of legal principles and practical business applications, in the context of entrepreneurship and early state enterprise. Each student joins a legal or leadership team, under the supervision of a mentor who is committed to guiding the student's 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

639.01

Movement Lawyering Lab: Law for Black Lives

Applications due by Friday, November 11 at 5:00 PM

3 Anne Gordon Th 11:00 AM - 12:00 PM Unavailable Requires available Sakai site

This three-credit course will immerse students in the theory, practice, and politics of movement lawyering.  The course proceeds in two parts: a weekly seminar and field work.  In the seminar, students learn the foundations and tactics of movement activism, and discover how lawyers work with social movements to build power and create change.  In the field work portion, students are paired with lawyers and organizers from across the South to produce legal analyses, policy papers, legislative reviews, rapid response documents, outreach materials, and more.  For the Fall of 2022, the course will have a special emphasis on reproductive justice work, and (depending on enrollment) will be working with organizations such as SisterLove, New Voices for Reproductive Justice, SisterReach, In Defense of Black Lives–Atlanta, and other Black-led movement organizations.  Students will also be invited to travel to Atlanta to meet directly with our movement partners.  For more information on the course, please see this episode of the Duke Law podcast: https://law.duke.edu/video/duke-law-podcast-movement-lawyering-lab-duke-law

Course enrollment is by application.  Students interested in applying for the course should submit their CV and a short (250-500 word) statement of interest about why they would like to enroll in the course, how their background has prepared them to work effectively with movement partners, and how they plan to use the skills they learn in the course. Statements should be sent to Bobbi Pabon, bobbi.pabon@duke.edu, no later than 5 pm on Friday, November 11. Student will be notified by Professor Gordon before the first registration window opens on Tuesday morning so that you can factor the seminar into your semester credit load. The seminar will meet weekly at a mutually-agreed-upon time and place.

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

655.01

Spanish for Legal Studies
Meets first 10 weeks
2 Sebastian Kielmanovich W 7:00 PM - 9:20 PM Unavailable Requires available Sakai site

The purpose of the course is to introduce students to Spanish legal concepts and technical language used in the civil law tradition as applied in Latin America. The course seeks to improve the Spanish oral and written communication skills of the students.

The course seeks also to expose students to some of the main issues that may arise in the practice of law dealing with Latin America. Thus, there will be discussion of cultural, historical and political traits of the region in order to provide students with better tools as facilitators of human international relations between English and Spanish speakers. The overall objective of the course is to enrich the possibilities that Spanish as a second language brings to the profession.

Prerequisite: Spanish language skills sufficient to follow a class, participate and understand the written materials. If you have questions about the degree of Spanish required please consult with the instructor before registration.

El objetivo del curso es familiarizar a los estudiantes con los principales conceptos juridicos y lenguaje tecnico que se utiliza en la tradicion del derecho civil en la America de habla castellana. Se busca mejorar las habilidades de comunicacion oral y escrita en el idioma castellano.

El curso busca tambien explorar algunas de las cuestiones principales que se le pueden presentar a un abogado extranjero en su practica con America Latina. Por lo tanto, se hablara de cuestiones culturales, historicas y politicas de America Latina para dar mayores herramientas al los estudiantes como futuros facilitadores de la comunicacion humana para una utilizacion mas enriquecedora de las posibilidades que brinda el castellano como un segundo idioma.

Pre-requisito: Dominio suficiente del idioma castellano para poder seguir una clase, intercambiar opiniones y comprender los materiales. Si tiene preguntas sobre el nivel de dominio del lenguaje necesario, por favor consulte al instructor antes de registrarse.

Methods of Evaluation
Pre/Co-requisites
None

713.01

Corporate Social Responsibility and Social Entrepreneurship 2-3 Ofer Eldar M 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

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

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

The take-home exam will be comprised of questions relating to a real or imaginary business structure or transaction that involves social issues.

Grading Basis: Graded

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

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

717.01

Comparative Constitutional Design 2 Jack Knight Th 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

732.01

Topics in Access to Justice

*New*

2 Jonathan Petkun Th 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

“Access to justice” (sometimes denominated “A2J”) is a multidimensional concept that eludes easy definition. This course will use the term expansively, to capture the ways in which our civil legal system does or does not respond to the legal needs of ordinary people.
This course will examine the structural obstacles that impede access to civil justice as well as contemporary opportunities for reform. Access barriers can have a variety of sources. Barriers can be doctrinal (e.g., the civil right to counsel), practical (e.g., courts’ ability to accommodate non-English-speaking litigants), economic (e.g., the rise of binding arbitration), or political (e.g., limited funding for legal aid offices), and nearly all are multifactorial. Similarly, opportunities for improvement can be found in doctrine, institutional design, community engagement, and technology. Compared to a course on substantive law, our focus will be on the institutional, procedural, and practical dimensions of the access problem.

The course will be divided into roughly three components. In Part I, we will consider theories and doctrines of civil legal access. In Part II, we will consider institutional and procedural features that shape access to our civil legal system, as well as the roles of different actors and constituencies in the civil justice system, including: lawyers and the legal profession; self-represented litigants; community organizations; courts; and non-judicial government institutions. In Part III, we will consider a handful of “pressure points” in access to civil justices—that is, areas of the law where legal needs are especially significant, and where access is especially challenging. Among the areas will consider will be family law, housing law, consumer law and consumer bankruptcy, and immigration law. Solutions and opportunities for change will be discussed throughout all three parts of the course.

Students will be evaluated on the basis of class participation, four response papers and a research proposal.

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

737.01

Environmental Litigation
Online
2 Stephen E. Roady M 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

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

741.01

Climate Change and Financial Markets 2 Sarah Bloom Raskin Tu 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

This course will focus on one of the most important elements in combatting, adapting to and mitigating the impact of climate change, namely the role of finance.  We will review the status of climate change science to gain an understanding of the challenge facing all of us.  Recognition and commitments by governments, including most particularly the United States, China, and Europe, will then be reviewed, before we consider the multiple linkages between finance and climate change, including the adverse impact of cryptocurrency.

Against this introduction the course will then delve into the various dimensions of financial markets and the players involved.  This is important to understand the broad ranging impact and opportunities for addressing climate change.  Once the markets and market participants are understood, the course will review the diverse roles of government agents and regulators, each of whom can have a far-reaching impact in shaping the markets and market behavior.  We will also assess the recognition of the challenge by financial market participants and their actual and potential responses to it.

A particularly thorny area is that of market analytics.  Many market operators claim to be “green,” but at this point the methods for determining the veracity of the claims remain very underdeveloped and often contradictory.  We will consider what has still to be done before we can really evaluate the “green” performance of firms and funds.  We will also face the real challenges that such firms face when trying to adapt.

The course will conclude with an assessment of the overall state of financial markets as one of the most important arenas in the struggle to meet the great challenges posed by climate change.

Grading Basis: Graded

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

745.01

Trade Secrecy: Doctrine, Policy, Frontier Issues

*New*

2 Arti K. Rai Tu 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

This seminar introduces trade secrecy doctrine and examines the most important policy contexts in which trade secrecy are arising today. No background knowledge is required. However, students must be prepared to be quick studies of various areas of technology and law. Of the various U.S. intellectual property regimes, trade secrecy is perhaps the most doctrinally elusive. Historically a common law tort that also borrowed from property and contract, trade secrecy has become codified in state, federal, and international regimes. The codification of trade secrecy doctrine has coincided with increasing recognition that it is often the most important mechanism by which firms protect returns on innovation and/or business investment. Notably, trade secrecy (and secrecy more generally) is becoming increasingly important not only for private firms, but also for national and regional innovation and security strategies. This seminar begins with an introduction to the trade secret doctrinal canon (including a discussion of how trade secrecy intersects with patent, copyright, and data exclusivity protection). It then discusses empirical evidence on uses of trade secrecy. Next, it considers various policy contexts, ranging from cybercrime and data regulation to employment and public administration. The seminar concludes by examining frontier technology areas in which trade secrecy plays a prominent role. These include machine learning and biopharmaceutical manufacturing.

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

754.01

IP Transactions 2 John Fuscoe, Katie Ertmer M 5:10 PM - 7:00 PM Unavailable Requires available Sakai site

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.

754-01-Spring2023-syllabus.docx22.18 KB

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.
 

755.01

Data Governance and Data Sharing

*New*

2 Lee Tiedrich Tu 2:00 PM - 3:50 PM Unavailable Requires available Sakai site

Data often is referred to as the “new oil” or the “new gold,” given its potential to help unlock many economic and social benefits ranging from making industries more innovative and efficient to aiding in drug discovery, combatting climate change, and identifying and addressing social disparities.  The exponential growth of data has enhanced the need to develop robust data governance and data sharing practices, which can implicate a broad range of legal and policy issues, including privacy, cybersecurity, intellectual property, antitrust, corporate, and emerging AI policies.  Since many U.S. organizations collect and process data in multiple countries, data governance and sharing systems often need to factor in the laws of multiple jurisdictions.The goal of the seminar is to give students a foundation in the key legal and policy issues shaping data governance and data sharing practices, and insight on how organizations are operationalizing data governance and data sharing in the quickly evolving legal environment.  The course addresses relevant US laws and policies as well as select international laws and policies in order to help prepare students to address data governance and sharing practices that extend across certain jurisdictions.  To accomplish these learning objectives, the seminar begins with an overview of data governance and a series of classes focusing on legal and policy issues implicated by data governance.  Next, the seminar includes a series of classes focused on data sharing, including emerging laws and policies promoting data sharing and contractual strategies and challenges for implementing data sharing.  Finally, the course will explore how policymakers are turning to certain technology solutions to help address competing legal and policy concerns such as protecting privacy, on the one hand, and promoting data sharing and transparency, on the other.

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

767.01

Advanced Legal Research 2 Alex Zhang Th 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

This course aims to prepare law students for research in practice and clerkships. The goal is to help students develop solid skills and knowledge to conduct cost-effective legal research in domestic, foreign, and international law. The primary focus of the class is on U.S. legal research, including advanced case and docket research, statutory research, regulatory research, and research on specialized topics such as legislative history, municipal law, court rules, litigation resources, and securities law. We will also cover basic resources and strategies for conducting international and foreign legal research. Grading is based on homework assignments, in-class exercises, and class participation.

Grading Basis: Graded

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

769.01

Design Law

*New*

2 Chris Buccafusco W 8:55 AM - 10:45 AM Unavailable Requires available Sakai site

The law regulates the design of almost all of the artefacts that we experience. It establishes intellectual property rights that incentivize the creation of new design and that restrict the ability of other designs from being made. And a host of other legal fields regulate the shape, efficiency, safety, and accessibility of virtually everything around us. Sometimes these different laws work together; while at other times they work at cross purposes. This seminar will explore the various ways in which law regulates design. We will begin with examinations of the intellectual property doctrines that do so, including design and utility patents, copyright, and trade dress. Then we will consider other areas of the law that influence design, including, possibly, tort law, disability law, environmental law, administrative law, and tax law. We will read traditional legal doctrinal materials, including cases, statues, and regulations. And we will also read contemporary scholarship in law, design, and business. Ideally, the course will also include presentations by designers and attorneys in order to give students a richer understanding of the field.

Methods of evaluation:  class participation, and either 30-page SRWP or six 4-5-page papers >

Methods of Evaluation
  • Research paper, 25+ pages
  • Research and/or analytical paper(s), 5-10 pages
Pre/Co-requisites

Students should have completed one or more of the following courses prior to enrolling in Design Law: Introduction to Intellectual Property, Copyright, Patent, or Trademark. Students who have not taken one of these classes but are concurrently enrolled in one may be admitted with the professor’s permission.

772.01

Biblical and Ancient Near Eastern Law

*New*

3 Brent Strawn MW 4:00 PM - 5:25 PM Unavailable Requires available Sakai site

This course will offer an extended exploration of the earliest legal materials known to human history (beginning with the Laws of Ur-Namma) and, arguably, the ancient world’s most important legal materials for the history of law in the Western tradition—namely, the Bible. The course thus provides students with wide exposure to the history of law, indeed its very roots (at least for the Western intellectual tradition), while at the same time affording access to the long and complicated interrelationships of law and religion that are evident already in the ancient world and that continue to the present day, not least (for example) in debates over the Ten Commandments. In these ways, the course should prove helpful and informative, not only in terms of legal history and development, but also in moving toward a better understanding of at least some of the dynamics surrounding religious law and/or religious groups’ and individual adherents’ relationship(s) to law.  Students will be evaluated on class participation, including tracking and presenting on a legal topic (e.g., status, property, family, intention, homicide, etc.) across the semester, and either a series of shorter papers or a longer research paper to satisfy the SRWP.

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

773.01

Research Methods in Business Law 2 Laura M. Scott Th 10:30 AM - 12:20 PM Unavailable Requires available Sakai site

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

775.01

Corporate Ethics 1 J. Scott Merrell M 6:00 PM - 7:50 PM Unavailable Requires available Sakai site

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

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

779.01

Well-Being and the Practice of Law
Fast-track: Meets 1/12-1/31/23
1 Daniel Seymour Bowling III TTh 2:00 PM - 4:00 PM Unavailable Requires available Sakai site

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 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. Also, we will analyze what Covid lockdowns, remote learning and practice, etc., have done to the overall happiness of lawyers and law students. We will not ignore the questions of social justice and if different groups experience different levels of well-being in law school and practice. 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. Students will have the opportunity, on a volunteer basis, to take different well-being measurement tools developed at the University of Pennsylvania, where the professor obtained a master’s degree in psychology studying well-being. 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
  • Reflective Writing
  • Research and/or analytical paper
  • Class participation
Pre/Co-requisites
None

781.01

Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3 Jennifer Jenkins MW 4:00 PM - 5:25 PM Unavailable Requires available Sakai site

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

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

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

Law 270 IP or Law 322 Copyright are pre/co-requisites for the course

785.01

Legal Writing in Civil Practice 2 Catherine Lawson Th 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

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

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

791.01

Judicial Writing 2 Joan Magat W 10:30 AM - 12:20 PM Site link LAW-791-01-Sp23@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
  • Simulated Writing, Litigation
  • Reflective Writing
  • Oral presentation
  • In-class exercise
  • Class participation
Pre/Co-requisites
None

794.01

Slavery and the Law 2 Thavolia Glymph M 4:00 PM - 5:50 PM Unavailable Requires available Sakai site

The laws of slavery defined property in people, governed the relations between slaveholders and the enslaved and between the enslaved and non-slaveholders, and codified the conditions under which enslaved people could live, be manumitted, or become free.  This seminar is concerned with how the law created, addressed, and sustained the category of “slave,” how the courts interpreted the laws of slavery, and how the status of slave was determined in everyday social life. It looks at the structures and practices of law that codified the ownership of property in human beings, their evolution across time and space, the interaction of law, slavery and race, specifically the production of racial slavery. It examines how enslaved and free black people interacted with the law, including initiatives by enslaved people to secure freedom and citizenship rights in the courts.  The course emphasizes close readings of primary documents—including congressional and state legislation, trial transcripts, appellate opinions, treatises, and codes—and books and journal articles by legal scholars and historians. Beginning with the adoption of slavery in the 16th century Atlantic world, it traces slavery’s evolution on the North American continent and concludes with the adoption of the 13th Amendment to the Constitution.

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

794W.01

Slavery and the Law/Writing Credit 1 Thavolia Glymph Unavailable Requires available Sakai site

Students enrolled in Law 794 Slavery and the Law, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 794W must be added no later than 7th week of class.*

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