Courses
Note: Course descriptions are subject to change as individual professors develop their plans for each course.
Law 800: Basics of Accounting
Professor James D. Cox
Students will learn the basic skills involved in commercial accounting: how to read a balance sheet, how to classify debts and assets, etc. The course will include two accounting exercises designed to simulate real business scenarios ranging from translating business transactions into accounting information and preparing financial statements from such information. The course also introduces the concept of present value, the foundation of finance and business decision making. Open to 1Ls.
Law 805: Getting to "Yes" with the SEC
Johanna Collins-Wood, L '10
Lawyers who practice in any legal discipline connected to our financial system are likely to find themselves, at some point in their career, engaging in dialogue with the U.S. Securities and Exchange Commission (“SEC”), whether through comment letters, examinations or specific information requests. The purpose of this class is to provide practical experience and insight to understand how these types of dialogue occur and the ways in which they are structured. You should leave this class with a strong basic understanding of what the SEC is, how and what it regulates, how lawyers interact with the SEC as a regulatory body, and how dialogue with the SEC is facilitated through various types of written and oral communications. You will get a chance to practice your skills as you draft sample comment response letters to the SEC and wrestle with questions of how to advocate for and manage your clients in the face of scrutiny by the SEC. As a bonus, you will also learn about cryptocurrency and digital assets, and how lawyers are engaging with the SEC on this issue.
Law 809: Litigation Strategy in the Corporate Context
Miguel Eaton, L '06, and Chris Hart, L '05
Students will explore the role of the litigator in advising clients concerning the risks and benefits with pursuing or defending a claim. The instructors will help students identify gateway and substantive issues, discuss client business interests and goals, and explain the role that junior associates (and other team members) play in each phase of the litigation process. The instructors will present real-world case studies based on their professional experiences, and help the students analyze the strengths and weaknesses of the parties' positions. Students will be asked to think through both tactical and strategic litigation issues in each phase of litigation identified by the case studies, while balancing litigation needs with client business realities.
Law 814: Basics for the Finance Lawyer
Alexandra Johnson, T '99
This course will serve as a practical introduction to the practice of law and concepts related to a general commercial finance transaction. Students will engage in an article-by-article review of a sample loan agreement and hypothetical proposed transaction, thereby becoming familiar with the underlying concepts, the relevant business considerations and the types/structure of relevant documents, the interplay of contract provisions across an entire deal, and the underlying legal framework. Open to 1Ls.
Law 816: Counseling & Creating a New Entity
Bryan McGann, LLMLE '15
Whether you are counseling entrepreneurs with innovative ideas, or you are the entrepreneur, one of the first decisions you will make will be to establish an entity for the business to operate. In determining the appropriate entity type, astute attorneys will consider several areas of business and legal fundamentals, such as financial need, intellectual property protection, liability protection, regulatory needs, and other areas that matter when deciding what type of entity to create. Students in this course will learn to counsel a new entity from the initial phone call to the preparation of creation documents. Discussion will cover the variety of legal entities available for business, social enterprise, and philanthropic purposes—corporations, LLCs, and nonprofit corporations—and the several legal disciplines involved in the formation of an entity (e.g., corporate, tax, intellectual property, and securities law). Among other activities, students will be exposed to real organizational documents, will learn the proper client interview techniques that will inform us in our entity recommendations, and will learn to navigate the secretary of state's office where entities are created. Open to 1Ls.
Law 817: Excel for Lawyers
Jana Kovich, L ‘15
Whether in a litigation or transactional practice, highly effective attorneys share in common the ability to track, manage, and present information in an efficient and accessible way – including in the form of numbers and figures. Excel is an invaluable tool in information management; for example, it can be used to (1) create sophisticated timelines for complex litigation or financing deals; (2) maintain case or deal status updates; (3) make calculations of value using multiple interactive and interdependent variables and (4) organize assignments. Students in this course will learn the basics of Excel through the lens of a venture capital lawyer representing a start-up as they grow, raise money, and plan for an exit. Acting as attorney for the new venture, students will use Excel to build capitalization tables, calculate key financing terms, and organize client data. Core skills that will be taught in this class include how to find and use functions in Excel's function library, write simple formulas and practice good formula design and when and how to use absolute, relative, and mixed addressing. No prior experience with Excel is required.
Law 820-01: Deposition Practice and Strategy
Dan Katz, L '83
Students will learn the nuts and bolts of taking and defending depositions: how to prepare for a deposition, how to formulate effective questions, what objections to raise and when, how to handle difficult witnesses and counsel, and how to use depositions at trial. Mr. Katz prepares materials for the class compiled from his decades of experiences, including entertaining video clips. Students will also learn how deposition strategy directly impacted the outcome of actual trials handled by Mr. Katz. Active student participation is encouraged.
Law 820-02: Deposition Practice
Paul Sun, L '89 and Kelly Margolis Dagger
Students will learn the basic nuts and bolts of taking and defending depositions: how to prepare for a deposition, how to formulate effective questions, what objections to raise and when, how to handle difficult witnesses, etc. Students will have the opportunity to participate in interactive deposition exercises focused on question technique, strategy, and content.
Law 820-03: Deposition Practice
Lily Farel, L '06
Students will learn the basic nuts and bolts of taking and defending depositions: how to prepare for a deposition, how to formulate effective questions, what objections to raise and when, how to handle difficult witnesses, etc. Students will have the opportunity to participate in interactive deposition exercises focused on question technique, strategy, and content.
Law 821: Drafting, Negotiating, and Arguing Jury Instructions
Will Sowers, L '19
For litigators and trial attorneys, jury instructions are a critical part of the case from complaint to appeal. Not only that, jury instructions are an area where junior associates have an opportunity to shine at trial. This course will explore how jury instructions are developed, negotiated, and argued in the lead-up to trial. Students will learn about the general process for developing and arguing jury instructions and the appellate implications of jury instructions. After reviewing case materials, students will be divided into two groups (representing the plaintiff and defendant) to draft and negotiate potential jury instructions. Students will then argue their competing proposed jury instructions to the court.
Law 822: Hearings Practice
Collin Cox, L '01
Students will consider strategies both for when to draft/offer motions in an ongoing litigation matter, and how best to draft and argue such motions in a hearing before a judge. During the course, students will participate in practical mock hearing exercises, with the opportunity for direct feedback on arguments and styles.
Law 823: Federal Sentencing: A Primer and a Case Study in Compassionate Release
Shanna Rifkin, L '17
This course introduces students to the federal criminal sentencing system, from the sentencing reform act through the current sentencing guidelines manual. The lessons learned on the first day of this course will help students navigate the federal sentencing process and is an excellent introduction for those who will be clerking in federal court, working as federal defenders or federal prosecutors, and/or planning to engage in criminal pro bono work while practicing at a law firm. Students will explore how our federal sentencing system has contributed to a swelling prison population, and become familiar as well as with a tool provided by Congress to decarcerate the federal prison population, namely, reduction in sentence motions under 18 U.S.C. § 3582(c)(1)(A) (colloquially known as "compassionate release"). Since 2018, compassionate release motions have led to the release of over 4,000 people in federal prison; people who were dying, people who had complex family circumstances, and people who were serving sentences that could no longer be imposed today, among other reasons. While learning about the major players that shape federal prison and sentencing issues, students will be presented with real cases, learn how to review the docket in a criminal case to prepare for sentencing, and work together to outline a mock compassionate release motion.
Law 825: Practice and Strategic Development of International Transactions: Investment in Latin America
Stuart Berkson and José Meirelles
This course explores the fundamental issues, strategic considerations, and principles inherent in transnational business transactions in Latin America and the role of the international attorney in structuring and implementing such transactions. Class time is devoted to a case study of a merger and acquisition transaction involving the purchase of a Brazilian entity by a US multinational corporation. The process of constructing an "international deal" is analyzed step by step, exploring all phases of the venture. Focus is given to recognizing and anticipating potential areas of conflict and evaluating the appropriate and legally viable measures available to address these issues. Open to 1Ls.
Law 831: In-House Legal Practice
Gray McCalley, L '79, and Allen Nelson, T '86, L '89
Students in this course will (i) explore the role of in-house counsel as counsel and in-house counsel as a member of a larger commercial organization (publicly-traded company, large division of a publicly-traded company, large family-owned private company), (ii) gain an understanding of the skills that make counsel, but especially in-house counsel, effective, and (iii) apply these skills during a team assignment which will result in a presentation to "the client." The focus of the course will be almost exclusively on the effective delivery of situation-relevant legal guidance within an organization versus examining the intricacies of a specific area of law. In the process students will be exposed to issues commonly encountered by in-house counsel, from determining who the client is to the organizational dynamics of providing legal guidance.
Law 832: Internal Investigations
Valecia McDowell, T '95, L '98 and Frank Schall
Students will study the range of legal and practical issues in the conduct of in-house investigations of potential illegal conduct by corporate employees and officers. Students will participate in simulated exercises involving interviews of company employees in the course of a hypothetical investigation.
Law 833: Trauma-Informed Lawyering
Amelia Thorn, L '10
Up to 90 percent of adolescents and 75 percent of adults involved in the U.S. criminal legal system report at least one traumatic event during childhood, and decades of research demonstrate the link between early traumatic experiences and later negative outcomes, including involvement in the criminal legal system. But data also tells us that the brain is malleable and can heal from trauma, that systems can promote effective trauma-informed practices, and that trauma-informed lawyering can be a part of this solution. This course explores the prevalence of trauma in the legal system—from the maladaptive coping behaviors that sometimes result in involvement in the system as a defendant, to the legal processes that may fail to address or even exacerbate trauma, to the vicarious or secondary trauma experienced by those who work in the legal system. It also recognizes that trauma exists outside the criminal legal system, investigating how trauma may present in other populations as well—e.g., victims, tort survivors, asylum seekers, corporate whistleblowers, colleagues, and more. With a blend of psychology and law, this course aims to arm soon-to-be lawyers with knowledge about trauma-informed care—positioning them to respond effectively to trauma and to improve outcomes in the cases of their clients, the lives of their clients, and the system more broadly. Students will emerge with a better understanding of (1) the science behind trauma, and how the experience of trauma can shape the brain and body, sometimes leading to behavior that may result in court-involvement; (2) the growing movement to address the reality of trauma in the legal system and the courtroom and the cutting-edge research underway on trauma-informed care; (3) trauma-informed approaches to lawyering, including client intakes, interviews, and other interactions, in and outside of court; and (4) how to promote trauma-informed practices in the workplace, including through collaboration and attention to vicarious trauma. Open to 1Ls.
Law 837: Legal and Policy Aspects of U.S. Civil-Military Relations
Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)
The seminar will address the Constitutional and statutory structure of U.S. civil-military relations, as well as contemporary issues relating to the role of the armed forces in policy debates, politics, and social issues. In addition, it will examine case studies that illustrate the tensions that can arise between the armed forces and the civilian leadership in a variety of circumstances. Methodologies and approaches for ensuring productive civil-military relations will also be discussed. Open to 1Ls.
Law 844: The Counselor and the Client: The Corporate Context
William Curtin T '92
This course is designed to introduce first-year JD students to the commercial, regulatory and institutional environment of contemporary business transactions, and the role of attorneys in advising and facilitating those transactions. Students will gain an understanding of the mechanisms, processes and personalities that accompany everyday commercial transactions and will be acquainted with the vocabulary used in business and other organizations. The purpose of the course is to provide a greater understanding of the business context in which lawyers function. The course is intended for all students whatever their ultimate focus and is not designed particularly for students who intend to practice corporate law. Open ONLY to 1Ls. Given its introductory nature, first-year students taking Business Associations during the Spring 2024 semester should not take this course.
Law 847: A Brave New Economic World: Financial Services Law in an Era of Uncertaint
Kirk Jensen L '00, and Sasha Leonhardt, L '10
In response to the Great Recession of 2007-08 and the passage of the Dodd-Frank Act, consumer financial services law—covering credit cards, student loans, car loans, mortgages, checking accounts, etc.—evolved from a stable set of rules to a highly uncertain practice as regulators and courts, looking to hold banks and lenders accountable, introduced new rules and undertook a massive enforcement sweep that has continued for over a decade and continues to this day. Just this year, the dual shocks of multiple bank failures and unprecedented interest rate hikes are impacting the stability of consumers' finances and leading federal and state regulators to change further the regulatory landscape in which lenders operate. This course will teach students about the regulatory structure of the consumer finance market, including the roles of lenders, servicers, and investors. We will discuss in detail the Equal Credit Opportunity Act (ECOA) which is intended to protect consumers from unfair discrimination, and the Dodd-Frank Act and FTC Act provisions that prohibit unfair, deceptive, and abusive acts and practices (UDAAP). More critically, however, this course will teach students what it is like to practice law in an era of uncertainty: how to respond to unclear and shifting regulations; how to think like and work with government lawyers seeking to enforce these laws; and how to advise concerned clients facing uncertainty from multiple angles.
Law 854: Congressional Investigations in the Private Sector: Legal Principles and Practical Consideration
Jeremy Dresner T '00, L '06, and Ridge Blanchard L '17
With broad investigative authority, including subpoena power, Congress can dive deep into a company's or an individual's affairs, and its investigations can carry significant reputational consequences and substantial litigation risks. They frequently lead to or impact collateral proceedings involving federal and state regulators. They can garner substantial media attention and pose a threat to a company's stock price and market value. And they can lead to legislative action that has lasting impacts on companies and the industries in which they operate. Very different than traditional civil litigation, congressional investigations are governed by a distinct body of written and unwritten rules, practices, and precedents, and are animated by political and institutional concerns unique to the legislative branch. This course is intended to familiarize students with the distinctive forum that is the United States Congress, the inquiries it undertakes with respect to private parties, and the role of outside counsel in assisting those parties with responding.
Law 856: Advocacy in International Arbitration
Isabella Bellera Landa L '14, and Brody Greenwald T '01
This course will introduce students to key concepts and recent developments in international commercial and investment-treaty arbitration from the perspective of practitioners that represent multinationals and sovereign clients in high stakes disputes. Through case studies based on landmark disputes, students will apply the substantive knowledge they will acquire in the course and develop advocacy skills used by counsel to resolve international disputes.
Law 859: Overview of Merger & Acquisition Review and Enforcement
Stephanie "Stevie" Pearl, L '15
This course provides a high-level overview of federal antitrust law and government merger and acquisition review and enforcement. Over two days, students will learn the basics of U.S. federal antitrust law, obtain a basic understanding of how U.S. federal antitrust agencies review and analyze mergers and acquisitions, and learn what is needed to put together an antitrust case. Day One will offer an overview of the federal antitrust laws and the two federal antitrust enforcement agencies, followed by an opportunity for students to analyze a hypothetical antitrust merger for possible issues. On Day Two, students will dive deeper into what a federal antitrust merger case might look like, with the chance to draft discovery materials such as deposition questions and interrogatories based on what they have learned to date.
Law 861: Perspectives and Foundations of Justice
Julie Youngman, T '87, G '94, L '94
This course is designed to give first-year students a chance to step back from the detailed rules of doctrinal courses and think critically about the connections between those courses and the broader role of the law in achieving justice. We'll explore different philosophies with which judges may approach their decision-making, and we'll consider ways that attorneys can promote justice through their work. We'll use Lon Fuller's classic Harvard Law Review article, “The Case of The Speluncean Explorers” – an imaginary court opinion about explorers trapped in a cave who resort to cannibalism to survive – and other scenarios to enact our own court arguments and decisions. Students will engage in role-play, apply the legal philosophies to choose and defend a position, and explore the moral and legal issues that arise. Open ONLY to 1Ls.
Law 866: Crossing the Vast Wasteland - An Exploration of the History & Future of Media Regulation at the FCC
Jeff Tignor, L '99
This course will examine the history of media regulation from Federal Communications Commission (FCC) Chairman Newton N. Minow's 1961 "Vast Wasteland speech" to the present. Classroom discussions will culminate in a debate about whether the Federal government should reinstate the "Fairness Doctrine." Students will also explore administrative law's notice and comment process by watching a video of the FCC Commissioners debating a proposed media ownership rule, after which students will draft their own comments as if filing in the proceeding on behalf of clients.
Law 869: Equity Investments & Professional Sports
Adam Garmezy, L '14
The industry has recently seen an explosion of private investment into professional sports leagues and teams, including the NFL's approval of the first three sponsor-backed minority investments last year. This course will serve as a practical introduction to private equity, family office and other sponsor-backed equity investments in the professional sports world. Students will explore key commercial issues—including what makes professional sports investments unique—so that they will be better equipped to spot, analyze and discuss these issues in the future. Among other activities, students will review and discuss real-world contract language as well as have the opportunity to negotiate a sample term sheet based on a real professional team investment. Active student participation is encouraged.
Law 873: Prosecutorial Ethics
Shane Stansbury and Jason Cowley
Justice Robert Jackson once observed that "[t]he prosecutor has more control over life, liberty, and reputation than any other person in America." This course will examine the ethical obligations that accompany that influence. We will consider the prosecutor's broad discretion at each stage of the criminal process, from the initiation of an investigation through trial and sentencing. We will examine the kinds of decisions that can lead to misconduct and consider how such misconduct might be remedied or deterred. We will also consider to what extent a prosecutor's decisions are influenced by the interests of other constituencies and what it means for a prosecutor to "seek justice." We will incorporate into our discussion more recent high-profile controversies around prosecutorial discretion and independence.
Law 880: Introduction to Research for Public Interest Practice
Laura Scott
This advanced legal research seminar will introduce students to processes, strategies, and sources for legal research in public interest practice. We will cover primary and secondary sources with an emphasis on free and low-cost research tools. We will also introduce tools for factual research and non-legal literature searches. Students will develop their research skills through a variety of practical, hands-on exercises. Open ONLY to 1Ls.
Law 883: Litigation Management
Brandi Bush Percy
This course will provide experiential and practical understanding of how to manage a litigated dispute from start to trial preparation. The course will focus on high-volume and high-exposure litigation and discuss the importance of early case assessments, decision tree analyses and determining the right cost in recommending and employing a particular litigation strategy to the client. The course material will review litigation strategy from the perspectives of plaintiff's counsel, defense counsel, as well as the in-house corporate counsel. Only a small percentage of cases ever go to trial. Most state and federal courts across the Country require that the parties attempt some form of early settlement. Thus, knowledge of the process, procedure and tactics of litigation are a fundamental aspect of a competent litigator's toolbox. The ability to effectively and efficiently drive litigation while also leveraging technology is undoubtedly a critical skill that distinguishes a great litigator. Required coursework will provide the opportunity to have mock client meetings, meet and confer conferences with opposing counsel and a mock settlement conference. Students will also have the opportunity to practice persuasive writing and oral advocacy skills through draft memos to the file, case assessments, decision tree analyses and client reports (including a litigation budget).
Law 884: Lawyering for Systemic Change: A School Policing Case Study
Peggy Nicholson
Lawyers can play a variety of roles in movements for systemic change. In such movements, there are multiple stakeholders, often with competing ideas on what changes are needed and the appropriate processes for achieving such change. For the attorneys who represent the involved stakeholders, these differences can raise both strategic and ethical challenges. However, the work also presents opportunities for lawyers to think creatively and collaboratively as they work towards their client's goals. This course will explore the different roles, challenges, and opportunities for lawyers in movements for systemic change by examining the current issue of school policing. For many, the presence of police in schools is necessary to ensure student safety. For others, it is linked to the increased criminalization of students, especially students of color. From all sides, there have been calls to reform school policing programs. Using a case study that involves a recently surfaced video of a violent interaction between a local high school student and a school police officer, students will be put into teams and assigned one of the various stakeholders as their client. After getting an overview of the legal and ethical framework, as well as relevant practical information, students will work together to craft a legal strategy to present to their client (i.e., the class). Open to 1Ls.
Law 888: Media & Internet Platforms, IP Licenses and Changing Technologies
Raphael Winick, L '92
This course will provide a very practical, real-world overview of how Intellectual Property rights are licensed, with a focus on how constant technological change affects agreements relating to Media, Entertainment and the Internet. License agreements are the legal lifeblood for creating and distributing content, and for building new products across every industry. Students will explore key issues in IP licenses, and some best practices for writing and interpreting those agreements against the backdrop of rapid changes in technology. The class will review real-world examples of contract provisions and drafting techniques -- including the rights you may have already granted to Instagram, Twitter and TikTok -- as well as more complex agreements between creative artists, producers, distributors, innovators, media companies, AI and technology platforms. Some prior exposure to IP law will be helpful, but is not a prerequisite.
Law 889: Mindfulness and the Legal Profession
Thomas Telfer, LLM '92
Mindfulness is a contemplative practice that allows lawyers to bring attention, insight and better judgement to a variety of complex problems. This course considers the significant benefits associated with mindfulness and then undertakes an investigation of how mindfulness is relevant to the legal profession. Topics include: An Introduction to Mindfulness; The Distracted Lawyer: Focus and Concentration and the Myth of Multi-tasking; The Emotionally Intelligent Lawyer; The Client Interview and Mindful Listening; and Mindfulness and Negotiation. Students will be exposed to current literature on mindfulness, emotional intelligence and the legal profession, and will be introduced to the practice of mindfulness through experiential sessions in class. Open to 1Ls.
Law 890: Human Rights for Businesses: A Socially Responsible Path
Gaia Clara Barcilòn, LLM '16
This course introduces students to the emerging field of Business and Human Rights, with particular attention to the legal frameworks that govern corporate responsibility for human rights impacts. Through case studies, students will examine the tension between governmental regulation and corporate autonomy, as well as the legal and political challenges of adopting a binding international treaty on Business and Human Rights. The course highlights the implications of these debates for both domestic and transnational legal practice. Open to 1Ls. Note: Both sessions of this class will be offered on Zoom, with synchronous attendance and participation required for credit.