Course Browser

Search and explore Duke Law's wide variety of courses that comprise near every area of legal theory and practice. Contact the Assistant Dean for Academic Affairs to confirm whether a course satisfies a graduation requirement in any particular semester.
 

NOTE: Course offerings change. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.

 

Credits
Semester
JD Course of Study
JD/LLM in International & Comparative Law
JD/LLM in Law & Entrepreneurship
International LLM - 1 year
LLM in Law & Entrepreneurship - 1 year
Certificate in Public interest and Public Service Law
 
Clear all filters57 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

200

Administrative Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Final Exam

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.

206

International Arbitration 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  • Final Exam

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

218

Comparative Law 3
  • JD elective
  • LLM-ICL (JD) required
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Fall 18
  • Final Exam

This course has two aims. On a practical level, we will learn about the differences and similarities, both real and perceived, between different legal orders. We will focus on legal orders within the "civil" and "common" law and try to find out in which way it makes sense to conceive of them as "the Western Legal Tradition". On a theoretical level, we will try to understand what it means to "compare", and how it can help us both to understand other legal systems as well as our own.

220

Conflict of Laws 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  • Final Exam
  • Class participation

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

227

Use of Force: Cyber, Drones, Hostage Rescues, Piracy, and more 2
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 20+ pages
  • Oral presentation
  • Class participation

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

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

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

There is no examination, but a 20-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements. provided it is at least 30 pages in length.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require the preparation of short, written products.

235

Environmental Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Fall 19
  2. Spring 18
  3. Fall 18
  • Research and/or analytical paper(s), 15-20 pages
  • Class participation

Concern about environmental risks has spurred the growth of a complex array of laws and regulations over the past four decades. This course is designed to provide a general introduction to the theory and practice of environmental law, with an emphasis on the major pollution control statutes, especially the Clean Air Act and the Clean Water Act. Some of the recurring themes of the course will be the balance between federal and state authority, the economic justifications for environmental regulation, the distributional effects of environmental policy, the choice of regulatory instruments, and the role of federal agencies. The political backdrop for the development of environmental policy, especially the role of interest groups, political affiliation, and public perceptions, will also be discussed.

This course, Law 235, is intended for professional and graduate students, and is also cross-listed as Environ 835 in the Nicholas School of the Environment. Professional and graduate students in the Nicholas School who would like to enroll in this course under Environ 835 should contact the NSOE Office of Academic & Enrollment Services, Erika Lovelace, e-mail or telephone 919-613-7459. (The Law School and the law professor teaching this course do not have "permission numbers.") (Professional and graduate students in the Sanford School of Public Policy, or other schools outside the Law School, should also contact the Nicholas School's office of Enrollment Services to enroll in Environ 835.) For undergraduate students, the Nicholas School offers a different course, Environ 265.

236

International Human Rights 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  2. Spring 20
  • Final Exam
  • In-class exercise
  • Class participation

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

252

Foreign Relations Law 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Fall 19
  • Final Exam

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.

275

International Law 3
  • JD elective
  • LLM-ICL (JD) required
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

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

298

Ocean and Coastal Law and Policy 2
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18

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

318

Comparative Constitutional Law 2
  • JD SRWP with add-on credit
  • LLM-ICL (JD) required
  1. Fall 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This course explores constitutional law from different parts of the world. The course will start by examining the goals, methods, and practical relevance of comparative constitutional analysis. We will then turn to a comparative analysis of constitutional structures, including differing approaches to separation of powers, judicial review, and federalism. The remainder of the course will examine comparative approaches to the constitutional protection of human rights.

This course is open only to the 2L JD-LLM-ICL students.

318W

Comparative Constitutional Law, Writing 1
  • JD SRWP
  • LLM-ICL (JD) elective
  1. Fall 19
  • Research paper, 25+ pages

Students enrolled in Law318 Comparative Constitutional Law may choose to write a 25-30 page research paper, in lieu of the 10-12 page paper, in order to satisfy the JD Substantial Research and Writing Project degree requirement.  Students choosing this option should enroll in Law 318W.

320

Water Resources Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Research paper, 25+ pages

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

 

327

Energy Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

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

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

328

International Debt Finance (and Sovereign Debt Crises) 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19

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

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

337

International Debt Finance II 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Spring 19
  • Group project(s)
  • Practical exercises
  • Class participation

This course is offered to students who have previously taken law 328 International Debt Finance and Sovereign Debt Crises.

348

East Asian Law: Business & Finance Focus 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This is a reading seminar, which will cover the East Asian law relating to the economic development, business practices, and financial regulation, exclusively focusing on Japan, Korea, and China. The legal system and economic development of these three countries have several features in common, if compared to the Western legal tradition, but the different history, culture, and politics of each country made its legal system distinctive to each other. This course aims to examine both these commonalities and distinctions, and thereby enhance our understanding of these three countries today. We will only cover the laws and practices relating to the corporate business and financial regulation, most of which have been inherited from the West. Such legal system has very little to do with the East Asian legal tradition. In most cases, it was previously based on the European Civil Law system, and recently more and more influenced by the Anglo-American laws and regulations. In this regard, the notions that have been often employed to explain the East Asian distinctions, such as Asian value, Confucianism, and traditional culture, will be rarely used or emphasized in this class. Rather, this course intends to examine how these three countries have struggled to incorporate the Western legal system—with or without its underlying assumptions and background social environments—into their society in a surprisingly limited time. To be sure, such transplant has not always been successful, and we can learn several lessons both from success and failure.

 

351

U.S. Immigration and Nationality Law 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Spring 19
  • Reflective Writing
  • Class participation

This course will provide an overview of selected law and policy topics in immigration law.  It will consider the following questions: what criteria are used in determining who can come to the United States as an immigrant or visitor?  When and why may noncitizens be forced to leave?  How should choices about admission and removal be implemented?  It will focus on current topics in immigration enforcement, including the “sanctuary” movement, border enforcement, immigration detention, family separation, and the merger of criminal and immigration enforcement.  Discussion will be based on a variety of sources, including statutes, caselaw, administrative enforcement guidance, social science research, and legal scholarship.  Assessment will be based on written papers and class participation.

360

International Taxation 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  • Final Exam

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

361

International Trade Law 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Class participation

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.

375

International Intellectual Property 3
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Fall 17
  2. Fall 19
  • Final Exam

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

376

Combatants, Brigands, Rebels, and States: The Law of Transnational Terrorism 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Fall 18
  • Final Exam
  • Class participation

Since September 11, 2001, transnational terrorism has been treated as both crime and war.  Accordingly, the U.S. and other states have captured and held members of Al Qaeda and associated forces as law-of-war detainees, targeted such individuals in major military operations and surgical strikes on the territories of (certain) third-party states, and have prosecuted suspected members of those groups, for “terrorism” offenses and for “war crimes,” in civilian courts and military tribunals.  This course will explore the reasons for this novel development and consider its ramifications for public international law, the law of war, and U.S. constitutional law.  

The reasons for the peculiar legal posture of transnational terrorism are best understood in the context of broader trends in the history of international law.  In 1880, a leading international law treatise stated as axiomatic that “[p]rima facie, a state is responsible for all acts . . . within its territory by which another state is injuriously affected.”  By 2007, the International Court of Justice, ruling on states’ duties under the Genocide Convention, stressed that the Court did not “purport to find whether . . . there is a general obligation on states to prevent the commission . . . of acts contrary to . . . norms of general international law.”  The intervening century had witnessed a diminution in the recognition and enforcement of interstate duties and an increase in states’ acting directly on alien individuals in foreign territories.  Those trends were reflected in claims to a “protective principle” of extraterritorial criminal jurisdiction over aliens in the nineteenth century, the addition of “targeted sanctions” against aliens abroad at the close of the twentieth century, and the emergence, most recently, of “targeted killing” of—or, more broadly, “armed conflict” against—private actors abroad in the twenty-first century.  
 
The course will examine the implications of these developments for the interstate system itself, the law of war (in particular, the distinction between combatants and civilians that forms the core of the jus in bello), and the structures of the U.S. Constitution governing war, crime, and military jurisdiction.

380

Research Methods in International, Foreign and Comparative Law 1
  • JD elective
  • LLM-ICL (JD) required
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other

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

395

Distinctive Aspects of U.S. Law 2
  • IntlLLM NY Bar
  • IntlLLM required
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Final Exam

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

437

International Human Rights Clinic 5
  • JD elective
  • JD experiential
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project(s)
  • Practical exercises
  • Class participation

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

443

Environmental Law and Policy Clinic 4
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • PIPS experiential
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

443A

Advanced Environmental Law and Policy
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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

501

Civil Litigation in U.S. Federal Courts: Transnational Issues 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 17
  3. Spring 19
  • Final Exam

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

511

International Criminal Law 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Spring 19
  2. Spring 20
  • Final Exam

"An international crime," wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law.  Such a branch of international law does not exist."  This course will begin by probing the concept of international criminal law.  What does it mean to say that certain conduct constitutes an "international crime"? What are the objectives of such a legal regime?  We will then examine the law of genocide, war crimes, crimes against humanity, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

520

Climate Change and the Law 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • In-class exercise
  • Class participation

This 2-credit seminar will examine global climate change and the range of actual and potential responses by legal institutions – primarily at the international treaty level and in the United States, with attention as well to the law in Europe, Australia, China, Brazil, and elsewhere.

We will compare alternative approaches that could be taken by the legal regime to address climate change: the choice of policy instrument (e.g., emissions taxes, allowance trading, technology R&D, prescriptive regulation, reducing deforestation, geoengineering, adaptation); the spatial scale (global, regional, national, local); the time scale (precautionary or adaptive, over decades or centuries); and key normative criteria for policy choice. We will also examine the actual legal measures that have been adopted so far to manage climate change: the international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997), and the results of follow-on meetings such as Copenhagen (2009), Cancun (2010), Durban (2011), Doha (2012), Warsaw (2013), and the Paris Agreement (2015); and the policies undertaken by the US, Europe, Australia, China, Brazil, and other key countries. In the US, we will study national (federal) and sub-national (state and local) policies, including: legislative proposals in the US Congress; the US Supreme Court's decisions in Massachusetts v. EPA (2007), and Connecticut v. AEP (2011), addressing issues including standing to sue, statutory interpretation, delegation, administrative discretion, comparative institutional competence, and statutory preemption of common law; administrative regulation by US EPA under the current Clean Air Act; other federal laws such as the ESA and NEPA; state-level action by California, RGGI, and others; and common-law tort liability applied to climate change.

Questions we will discuss include: How effective and efficient are the policies being proposed and adopted? How do actions at the national and international levels affect each other (e.g. reinforcing or conflicting)? Can current institutions deal with a problem as enormous, complex, long-term, uncertain, and multi-faceted as climate change? What roles do changing scientific and economic understanding play in evolving legal responses? How do institutions and the public respond to potential but inchoate catastrophes? Will dealing with mega-problems necessitate or lead to basic changes in legal institutions? Should the US states be acting? Should you buy personal carbon offsets? Should the US have joined Kyoto, or have organized a parallel regime of major emitters, or have done something else? How should we appraise FCCC/Kyoto process so far? What will follow from the 2015 Paris Agreement, and how should it be implemented? What are the best ways to engage countries in international cooperation? What principles of international and intergenerational justice should guide efforts to control climate change? How should aggregate social well-being, and distributional equity for the world's poor, shape climate change policy? Should greenhouse gas emitters (countries, businesses, consumers) be legally liable or responsible to compensate victims for their losses? What is the best mix of mitigation (prevention) and adaptation (resilience)? How will climate policy be influenced by geopolitical changes such as the rise of China and India, and a shift from the US as lone superpower to a more multipolar world of several great powers? How will technological change affect law and policy, and how should the law seek to promote technological change? How should the legal system learn and remain adaptable to new information over time? What threats, challenges, and opportunities might climate change pose to legal and political systems?

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

The Syllabus with weekly assignments, and the Resources (readings), will be posted on the Sakai site. (There is no textbook for this course; all readings will be posted on the Sakai site.)

527

Access to Medicines: Intellectual Property and Global Public Health 2
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • PIPS elective
  1. Spring 18
  2. Spring 20
  • Final Exam, option
  • Research paper option, 25+ pages

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

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

527W

Access to Medicines Writing Credit 1
  • JD SRWP
  • JD elective
  • IntllLLM IP Cert
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  • Add on credit

While enrolled in Law 527 Access to Medicines: Intellectual Property and Global Public Health, students have the option to take an additional 1 credit if they wish to write a 45 page paper. *LAW 527W MUST be added no later than 7th week of class.*

535

Comparative Corporate Law 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This is a reading seminar, which will be conducted by interactive class discussions, which will utilize heavily comparative approaches. We will start with the U.S. style corporate law theories and practices, and then discuss on how they are actually applied or rejected throughout the world, particularly in the United Kingdom, Continental Europe, and East Asia. The goal of this course is not merely to compare legal institutions of different legal origins. Rather, this course intends to consider several core problems with modern business association, and ask why and how different rules have been developed across the countries. There would be no clear answers, but such discussions will enhance our understanding of corporate law as well as capitalism in general. For these purpose, readings are carefully edited from three articles: roughly, one is associated with the United States, another with the Continental Europe (including the United Kingdom, if any), and the other with the East Asia (mostly Japan and Korea). Due to the time constraint, however, only a handful of core issues and selected papers will be assigned and discussed in class. More advanced theoretical issues on corporate governance will be covered by another corporate governance course. Instead, we will focus on controlling families and corporate group, different schemes of corporate monitoring (directors and institutional shareholders) across the countries, flexibility of corporate finance rules in terms of creditor protection, and finally, dramatic differences of takeover markets. Although the readings sometimes employed economic reasoning, the course requires only a basic understanding of microeconomics.

537

International Human Rights Advocacy Seminar 2
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Research paper, 25+ pages
  • Class participation

This course critically assesses the field of international human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors.  Drawing on case studies within the United States and abroad, the course will also examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the opportunities and challenges of new technologies in human rights advocacy. Evaluation will be based on class participation and a final paper.

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

546

International Law of Armed Conflict 3
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  2. Spring 18
  3. Spring 19
  • Reflective Writing
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

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

552

Law and Economics of Chinese Capitalism 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Class participation

China’s transformation from a planned economy to the most capitalist country in the world, despite the absence of a well-functioning legal system, at least from the western perspective, raises numerous questions. This seminar endeavors to understand Chinese capitalism from the law and economics perspective. What is the constitutional and private legal foundation of Chinese capitalism? What is the role of law in Chinese society and business? What roles has law played in the different stages of China’s market transition and different sectors of Chinese economy?  

This course takes an integrative, evolutionary, and comparative approach. Firstly, it integrates studies of black-letter law with observations of Chinese society. In particular, it explores whether and how black-letter law is implemented in reality through a series of case studies in property, corporate governance, constitutional review, etc. Secondly, it investigates the evolution of Chinese law to deepen our understanding on Chinese law and also shed light on its future direction in a rapidly shifting environment. Thirdly, it takes China as a comparative case study to enhance our understanding of law and market institutions.

558

Foreign Anti-Bribery Law 2
  • JD SRWP with add-on credit
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 18
  • Reflective Writing
  • Oral presentation
  • Class participation

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

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

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

558W

Foreign Anti-Bribery Law, Independent Study 2
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) elective
  1. Fall 19
  2. Fall 18
  • Research paper, 25+ pages
  • Add on credit

While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement.  These credits will count towards the Independent Study Research Credit Limit (Rule 3-12) *LAW 558W MUST be added no later than 7thweek of class.*

 

566A

Corporation and International Law: Past, Present, and Future 3
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-ICL (JD) required
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

A limited number of JD students may be permitted to use their paper to satisfy the JD upper-level writing requirement with prior approval of Professor Brewster.

566B

Corporation and International Law 3
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-ICL (JD) required
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

From politics to popular culture, the corporation has become one of the most critical economic, political, and cultural institutions of the modern era.  It has also been one of the most controversial.  Are corporations people, societies, or even governments? Do they have rights? If so, what are their civic, social, ethical, and political responsibilities? If such questions are vexing within municipal and national contexts, they have been downright confounding for international legal regimes.  Corporations have a global footprint and influence on our conceptions of sovereignty and governance, the functioning of international markets, the nature of interstate relations, wealth distribution, international development, and, at a basic level, the lives of people around the world. Yet modern international law has generally been understood to apply almost exclusively to states and to touch only lightly on corporate institutions, with profound consequences for everything from human rights to the global environment. This course will address these questions and many others, both through our own readings and discussions, as well as frequent guest speakers, panels, and workshops, in conjunction with a year-long Mellon Foundation funded Sawyer Seminar.

579W

Mass Torts Writing Credit 1
  • JD SRWP
  • JD elective
    • Add on credit

    While enrolled in Law 579 Mass Torts, students have the option to take an additional 1 credit if they wish to expand the required 15 page paper to 30 pages in order to satisfy the JD Writing Requirement. *LAW 579W MUST be added no later than 7th week of class.*

    582

    National Security Law 3
    • JD SRWP
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Fall 19
    2. Fall 17
    3. Fall 18
    • Research paper, 25+ pages
    • Oral presentation
    • Class participation

    This fall-only course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture for its security enterprise.  The class will also examine related issues that arise "in the news."  It is aimed not only at students considering a career in government or the military, but also for those headed to private practice who appreciate that the U.S.’s $719 billion defense budget, along with $1.7 trillion in defense outlays worldwide impacts virtually all potential clients.

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

    There is no examination for this course, but a 30-page research paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require short, written products.

     

    590

    Risk Regulation in the US, Europe and Beyond 2
    • JD SRWP
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Environ Cert
    1. Spring 18
    2. Fall 19
    • Research paper, 25+ pages
    • Class participation

    This seminar pursues an advanced, integrated analysis of the law, science and economics of societies' efforts to assess and manage risks of harm to human health, safety, environment and security. The course will examine the regulation of a wide array of risks, such as those from food, drugs, medical care, automobiles, air travel, drinking water, air pollution, energy, climate change, finance, terrorism, emerging technologies, and extreme catastrophic risks (students may propose to research other risks as well). Across these diverse contexts, the course will explore the components of regulatory analysis: risk assessment, risk management (including the debate over "precaution" versus benefit-cost analysis), risk evaluations by experts vs. the public, and risk-risk tradeoffs.  And it will explore options for institutional design and structure, including the interrelated roles of legislative, executive, and judicial functions; delegation and oversight; fragmentation and integration; and international cooperation.

    The course examines these issues through a comparative approach to risk regulation in the United States, Europe, and other countries.  These comparisons address topics including the choice of policy instruments, the selection of which risks to regulate, "precautionary" regulation, "better regulation" initiatives, regulatory impact assessment and regulatory oversight bodies, and others.   It examines the divergence, convergence, and exchange of ideas across regulatory systems; the causes of these patterns; the consequences of regulatory choices; and what regulatory systems can learn from each other.

    Students' research papers in this seminar may analyze specific risk regulations; compare regulations, institutions or tools across countries; formulate and advocate original proposals to improve the regulatory state; or other related topics.

    591

    Development Finance 1
    • JD elective
    • LLM-ICL (JD) elective
    • LLMLE (1 yr) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Fall 19
    2. Fall 17
    3. Fall 18
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    The Course will provide a general overview of persisting development challenges in Low and Middle-Income Countries, and the shared global responsibility under the Agenda 2030 to address them. It will focus on the roles of and partnerships between various actors of development finance, such as government agencies, multilateral development banks, foundations, non-governmental organizations, and impact investors; and familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms. The Course will also deal with critical views on Aid Effectiveness, and issues of Policy Coherence for Development in developed countries.

    Course Requirements:

    • Two 3-page essays: the first to be handed in on or before September 29, 2019, 11:59 p.m.; the second to be handed in on or before October 4, 2019, 11:59 p.m. (combined 30% of final grade)
    • One 10-page final paper to be handed in before December 13, 2019, 11:59 p.m. (40% of final grade);
    • Participation in class discussions (30% of final grade).

    598

    Family Creation: A Non-Judicial Perspective 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Spring 19
    • Reflective Writing
    • In-class exercise
    • Class participation

    This course will focus on the role of the legislative and administrative process in intercountry adoption, wherein a child born in one country becomes part of a family in another.  Intercountry adoption raises complex issues of law and policy, including those relating to the definition of family, state sovereignty, immigration and citizenship, human rights, and ethics and transparency.  Not all countries participating in intercountry adoption are subject to international treaties regarding adoption and related issues.  In nations where the treaties are in effect, implementation through the legislative and administrative process has been characterized by conflict and delay.  At the local level, regulation of intercountry adoption through oversight of adoption agencies and adoptive families, has been uneven.

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

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

    612AB

    JD-LLM Readings: Current Issues in International and Comparative Law 1
    • LLM-ICL (JD) required
    1. Fall 18
    2. Spring 19
    • Reflective Writing
    • Class participation

    This one-credit year-long readings class will explore current issues in international and comparative law. Drawing on the expertise of Duke Law School’s international and comparative law faculty, the course will examine topics such as international law and populism, human rights and economic inequalities, and the future of multilateral institutions. This evening class will meet off campus six times throughout the year and will be offered on a credit/no-credit basis. It is open to JD.LLM students only. Response papers will be required. This class will be taught by Profs. Curt Bradley, Brewster, Helfer, Huckerby, Michaels, and Reichman.

    617

    Environmental Law Readings Workshop 0.5
    • IntlLLM/SJD/EXC elective
    • IntlLLM Environ Cert
    1. Fall 19
    2. Spring 20
    3. Fall 17
    4. Spring 18
    5. Fall 18
    6. Spring 19

    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.

    636

    Food, Agriculture and the Environment: Law & Policy 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    1. Fall 17
    2. Fall 18
    3. Fall 19
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Oral presentation
    • Class participation

    In many areas of the country, and especially in North Carolina, sustainable, local food markets represent one of the most exciting opportunities for environmental stewardship, economic growth, value-added agricultural niches, job creation, and community building. However, these opportunities require careful and sustained attention to the legal and regulatory requirements at the international, national, state, and local levels, many of which inhibit the development of sustainable, local food systems.

    The course will focus on (1) the interrelationship of food and agricultural production and environmental sustainability and (2) the ways in which the law influences, and can be used to overcome impediments to, the development of sustainable, local foods-based markets. Students will explore readings from a variety of sources, hear directly from guest speakers from North Carolina's strong network of organizations involved in the local foods movement, and delve into a research project of their own choosing.* Through the semester, students will gain an understanding of how legal rules interact with food safety research, physical infrastructure, personal consumption habits, patterns of private sector investment, race-based and other structural inequalities, to notions of community, underlying cultural and religious values, etc.

    *This project will allow students to explore an issue of interest and contribute their knowledge to this developing field. Papers may be scholarly in nature, but students are encouraged to shape their projects as practical case studies that directly engage the issues and players in the local foods community.

    644

    Bass Connections 1-3
    • Other

    About Bass Connections

    Bass Connections is a university-wide program that offers graduate and undergraduate students immersive research opportunities through more than 60 year-long project teams. On Bass Connections teams, graduate and professional students, postdocs, and undergraduates work together with faculty and outside experts to conduct cutting-edge research on important issues such as health inequality, environmental sustainability, human rights, educational opportunity, and medical ethics.

    Teams generally work together for nine to 12 months. Participating students usually receive academic credit (see below for crediting options for Law students), although students in specialized roles may sometimes serve in a paid role.

    Team members blend their diverse skills and expertise, allowing students of all levels to learn and contribute. Their work results in policy recommendations, journal articles, new datasets to inform future research, health interventions, novel modes of delivering social services, prototypes, museum exhibits, future grants, and more.

    Benefits of Participation for Professional Students

    Professional students play a crucial role on Bass Connections teams, often serving as subject area experts, project managers or sub-group leaders, and mentors for undergraduates. Project teams also offer professional students an exciting opportunity to apply coursework to a concrete problem, access professional development resources, expand academic and professional networks, and build career-enhancing skills to stand out on the job market.

    In particular, students learn how to plan and implement complex projects, work in teams, mentor and lead others, and communicate across boundaries to find solutions to complex challenges – skills that are crucial for successful careers in almost any field.

    Crediting Options for Law Students

    Law students who are interested in participating in Bass Connections have the following crediting options:

    • Teams led by a Duke Law Faculty Member: If a Duke Law faculty member leads a Bass Connections team (see list below), Law students are eligible to receive Law School credit (up to three credits per semester). Upon being accepted to join a team, students must apply for approval to receive Law School credit by documenting the law and policy work (research, drafting, etc.) they will be undertaking as part of the team and the amount of time they will spend on the project. Such students should contact Deans Gustafson or Lacoff in the Office of Academic Affairs.
    • Teams without Duke Law Faculty Members: Some Bass Connections team are grappling with legal matters but do not include a Duke Law faculty leader (see list below). While Law students are encouraged to participate on these teams, students would not be eligible for Law School credit. Such students could opt to use their non-Law credit, noting that each student is only permitted three such credits. Students may also petition the Law School’s Administrative Committee for permission to apply up to three additional credits. Such appeals must demonstrate the rigor of the project and the connection to legal matters. Students interested in participating in these projects should contact Deans Gustafson or Lacoff in the Office of Academic Affairs.
    • Other options: Some students participate on Bass Connections teams in a paid capacity, particularly if they are serving in a leadership/project management role on the team. Each team is structured differently. It is at the discretion of faculty team leaders whether they offer paid roles. Law students may not earn academic credit if they are paid for their work.
      • Some students also participate on Bass Connections teams in an extra-curricular capacity because they are passionate about the topics, see sufficient professional benefits to participation, and/or because the topic aligns with their own research/career interests.
      • In some circumstances, Duke Law students may also document leadership or other skill development through a Bass Connections team experience that may count toward the professional development graduation requirement. Please contact a career counselor if you are interested in pursuing this option.

    2019-2020 Project Teams Eligible for Law School Credit

    American Predatory Lending and the Global Financial Crisis

    Topics covered: Economics, policy, regulation, oral history

    Law School faculty leader: Lee Reiners

    Ten years after the failure of Lehman Brothers, there is still debate about the causes of the global financial crisis and the efficacy of policy responses. However, there is little debate about the central role subprime home loans originated by mortgage brokers and banks played in the crisis. This team will explore mortgage market data and collect oral histories from people on the front lines, including consumer advocates, state attorneys general and their staffs, state financial regulators, housing counselors, bankers and mortgage lenders, to deepen the public’s understanding of the policy and market dynamics in the run-up to the crisis.

    To participate: Interested students should send a resume and a statement of interest to Lee Reiners (lee.reiners@duke.edu). Applicants should have experience or interest in oral history collection.

    Consumer EEG Devices: Attention, Emotion, Privacy and the Brain

    Topics covered: Privacy, technology, ethics, business, policy, public interest

    Law School faculty leader: Nita Farahany

    Consumer-based EEG devices are marketed and sold to consumers for tracking and improving their brain activity through neurofeedback. These devices prompt privacy and data-sharing concerns because of their unprecedented ability to gather and decode real-time brain activity in everyday contexts such as education, employment, gaming and fitness. This project team will develop and administer surveys to the general population to gain a nuanced perspective of views on brain data privacy across ethical, legal and policy contexts.

    To participate: Interested students should send a statement of interest, a resume, and a writing sample to William Krenzer (william.krenzer@duke.edu).

    DECIPHER: Decisions on the Risks and Benefits of Geoengineering the Climate

    Topics covered: Environment, risk, ethics, governance, policy, business, media, public interest

    Law School faculty leader: Jonathan Wiener

    Geoengineering is the large-scale modification of the Earth’s systems to address climate change and includes a range of speculative approaches, such as solar radiation management or extraction of greenhouse gases directly from the atmosphere. These strategies pose both benefits and risks. This team will examine a series of risk-based decision scenarios involving geoengineering technologies to support a broadly considered projection of the consequences of geoengineering. Team members will produce assessment and policy reports on the economic, legal, ethical, political and environmental impacts of geoengineering and will have the opportunity to interview high-level stakeholders across a range of organizations and perspectives.

    To participate: Interested students should send a statement of interest and a resume to Tyler Felgenhauer (tyler.felgenhauer@duke.edu).

    Regenerative Grazing to Mitigate Climate Change

    Topics covered: Environment, agriculture, economics, business, technology

    Law School faculty leader: Michelle Nowlin

    Cattle are a leading contributor to greenhouse emissions, but recent research suggests that intensive pasture-based cattle systems can actually sink more carbon than they emit. This project team will research the policy, historical and market contexts to understand how the modern cattle industry developed and what it will take to shift toward new production systems that can help reverse climate change. Specifically, law students will map existing farm bill programs, regulatory frameworks and contractual arrangements with an eye toward how they may be repurposed toward the development of a carbon-neutral, economically just and humane beef sector. Students will also gain experience developing and implementing a pilot carbon offset protocol for pasture-based rotational grazing systems.

    To participate: Interested students should send a statement of interest and a resume to Michelle Nowlin (nowlin@law.duke.edu).

    2019-2020 Project Teams Not Eligible for Law School Credit

    Duke Design Health Fellows Program

    Topics covered: Health innovation, business, technology, regulation, intellectual property, human-centered design

    The Duke University Design Health Fellows Program provides an immersive learning experience to undergraduate, graduate and postgraduate fellows who identify, validate, prioritize and solve problems that have an impact on human health. Small design teams will work together to collect unmet patient needs, develop new concepts and tools, research the business, regulatory, clinical and manufacturing landscape around medical innovation and create implementation plans for new products.

    To participate: Interested students should send a statement of interest and a resume to Eric Richardson (eric.richardson@duke.edu).

    Gene Therapy in Alzheimer’s Disease: Novel Therapies and Ethical Aspects of Somatic Gene Editing

    Topics covered: Health innovation, ethics, technology

    Gaining insight into the biological pathways and molecular basis underlying Alzheimer’s disease should lead to the development of disease-modifying and preventative treatments. This project will advance development of new gene therapy technologies using cutting-edge genome editing technologies and state-of-the-art stem cell techniques to target age-related brain diseases such as Alzheimer’s disease. Team members will also consider the ethical, legal and social issues of Alzheimer’s disease treatment.

    To participate: Interested students should send a resume and a statement of interest (including an explicit proposal for how you will engage with the team) to Misha Angrist (misha.angrist@duke.edu).

    How to Build Ethics into Robust Artificial Intelligence

    Topics covered: Ethics, artificial intelligence, economics, technology, policy

    Autonomous systems such as self-driving cars, surgical robots and artificial intelligence to aid criminal justice have the potential to provide many services that will help society, but they also raise significant concerns. Autonomous agents need to be programmed with an artificial intelligence that instructs them how to interact with other agents, but how can we do this? This multi-year project attempts to build morality into artificial intelligence by incorporating morally relevant features based on crowd-sourced data concerning moral judgement. Combining principles and methods from moral philosophy, economics, game theory and computer science, team members will examine the history and future of artificial intelligence interventions and construct and test scenarios to evaluate how moral factors interact in decision making.

    To participate: Interested students should send a resume, a transcript including GPA, and a statement of interest detailing how your background and skills fit the aims of this project team to Walter Sinnott-Armstrong (walter.sinnott-armstrong@duke.edu).

    Pocket Colposcope: Bringing Elements of Referral Services to Community Care

    Topics covered: Health policy, health innovation, economics, business

    Since 2012, Duke researchers have been working to develop a low-cost, portable cervical cancer screening device called the Pocket Colposcope, which has the potential to expand access to cervical cancer screening and diagnosis worldwide. Since 2016, this Bass Connections team has been working to introduce this device in low- and middle-income country settings. In 2019-2020, the team will partner with three Duke-affiliated community clinics in low-income settings in North Carolina to assess barriers to acceptance and implementation of the Pocket Colposcope from both the patient and provider perspectives. Team members will evaluate cost inputs necessary for implementing the device in a community health setting and use this information to determine how the Pocket Colposcope can be positioned for widespread scaling in a decentralized care model.

    To participate: Interested students should send a statement of interest and a resume to Marlee Krieger (marlee.krieger@duke.edu).

    Sustainable Laparoscopic Surgery for Low-Income Countries: FDA Approval and Business Model for Access

    Topics covered: Health policy, health innovation, international regulation, intellectual property, business, technology

    This multiyear project aims to develop a low-cost, reusable laparoscope suitable for use in low- and middle-income countries (LMICs). In 2019-20, the team will transform their newly developed prototype into a viable commercial product. In addition to improving the current prototype based on user feedback, team members will work with the Duke Office of Licensing and Ventures to file patent applications for the device’s innovative features; examine relevant regulatory environments around biomedical innovation in East Africa; and develop a strategy to move from technology to product, which will involve market research, competitive analysis, an operations plan, and strategies for product pricing, marketing and launch.

    To participate: Interested students should send a statement of interest and a resume to Tamara Fitzgerald (tamara.fitzgerald@duke.edu) and Jenna Mueller (jenna.mueller@duke.edu).

    The Value of Love: Global Perspectives on the Economy of Care

    Topics covered: Economics, labor, international governance, policy, gender, public interest

    This project offers an opportunity to join the launch stage of an international, interdisciplinary collaboration reconsidering how we value “care” in various forms — including not only household and dependent care but also ecological, cultural, and social care. The team will focus on three research areas, including: 1) metrics (i.e., how we measure care and its value), 2) governance (i.e., what laws and policies currently exist to ascribe value to care), and 3) social practices (e.g., alternative household and kin formations, social movements oriented toward care, and care within social organizations).  A principal objective of this team is to create a public-facing resource of analysis, data sets, and white papers that might be of use to policymakers and civil-society leaders interested in this topic.

    To participate: Interested students should send a statement of interest and a resume to Jocelyn Olcott (joceyln.olcott@duke.edu).

     

    714

    Coastal Resilience in the Face of Climate Change 2
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    1. Spring 19
    • Research paper, 25+ pages
    • Group project(s)
    • Class participation

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

    717

    Comparative Constitutional Design 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    • Research paper, 25+ pages

    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.

    722

    International Business Law 3
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Fall 17
    2. Fall 18
    3. Fall 19
    • Final Exam

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

    GRADING: Grades are based on an exam.

    737

    Environmental Litigation 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    1. Fall 17
    2. Spring 19
    • Research and/or analytical paper(s), 10-15 pages
    • Practical exercises
    • Class participation

    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.

    738

    Financial Law and Regulation: Practitioner's Perspective 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Spring 18
    2. Spring 19
    • Reflective Writing
    • Class participation

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

    The course will be structured as follows:

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

    Likely topics to be covered include:

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

     

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

    739

    Religious Laws 2
    • JD SRWP
    • IntlLLM writing
    • PIPS elective
    1. Spring 18
    • Research paper, 25+ pages

    Not all law is state law. Among the most important, and challenging, non-state law we confront today are religious laws. Among those is first and foremost Islamic law, but also Jewish law, as well as the laws of other religions like Buddhism and Hinduism. The seminar will serve as an introduction to these laws and their role in the global legal world. We will learn about the nature and structure of different religious laws. We will discuss to what extent we can call such laws laws, and whether we can compare them to each other and to state law. We will ask to what extent state law is also religious. And we will discuss the role that religious law plays for state law today.

     

    794

    The Law of Slavery and Freedom: The Thirteenth, Fourteenth and Fifteenth Amendments 2
    • JD SRWP with add-on credit
    • JD elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Spring 18
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Oral presentation
    • Class participation

    This course will explore the ways in which the institution of slavery interacted with the law in the United States and how the law defined freedom and the practices of freedom.  The first two weeks will focus on slavery and the law.  The rest of the course will focus on the 13th, 14th, and 15th Amendments. For added credit, students may satisfy the writing requirement by enrolling in Law 794W. 

    794W

    Law in Slavery & Freedom: From the Historical to the Contemporary/ Writing Credit
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    • Research paper, 25+ pages

    Students enrolled in Law 794 Law in Slavery & Freedom:  From the Historical to the Contemporary, 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.*