Course Browser

Search and explore Duke Law's wide variety of courses that comprise near every area of legal theory and practice. Contact the Director of Academic Advising to confirm whether a course satisfies a graduation requirement in any particular semester. Course evaluations can be found here.
 

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 filters114 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

120

Constitutional Law 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Final Exam
  • Class participation

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

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.

201

Legal Writing: Craft & Style 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Practical exercises
  • Class participation

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

The workshop might be particularly useful to:

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

220

Conflict of Laws 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • 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.

225

Criminal Procedure: Adjudication 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

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

226

Criminal Procedure: Investigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

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

229

State and Local Government Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Final Exam
  • In-class exercise
  • Class participation

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

232

Employment Discrimination 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

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

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.

250

Family Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam
  • Practical exercises
  • Class participation

A study of legal and policy issues relating to the family. Topics include requirements for marriage, nontraditional families, obligations at divorce, establishing parenthood, and adoption. Grading is based on a final examination, class participation, and written work relating to a visit to family court and completion of a divorce settlement exercise.

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.

255

Federal Income Taxation 4
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Final Exam

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

265

First Amendment 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

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

270

Intellectual Property 4
  • JD elective
  • LLM-LE (JD) required
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  1. Fall 17
  2. Fall 18
  3. Spring 19
  4. Spring 20
  • Final Exam

A comprehensive introduction to the principal theories of trademark law and unfair competition, copyright law, patent law, and related state and federal doctrines.

285

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

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

288

Consumer Bankruptcy & Debt 2
  • JD SRWP, option
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Spring 19
  3. Spring 20
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation

This course uses consumer bankruptcy as a lens to study the role of consumer credit in the U.S. economy and society. The class will focus on the key aspects of the consumer bankruptcy system, including who files bankruptcy, what causes bankruptcy, the consequences of bankruptcy, and the operation of the bankruptcy system. We will discuss each of these issues in the larger context of consumer debt and consumer law, and will also cover the foreclosure crisis, student loans, and issues related to debt, race, and gender. The readings will come from law and non-law sources, including the work of a variety of social scientists.

295

Trusts and Estates 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Spring 18
  3. Spring 19
  4. Spring 20
  • Final Exam
  • Class participation

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

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.

301

AIDS and the Law 2
  • JD elective
  • JD SRWP
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
The course will explore the legal and policy landscape of the HIV/AIDS epidemic primarily in the United States. We will employ a multi-disciplinary approach to teaching about HIV law and policy, including the legal issues faced by persons with HIV disease. Speakers will include medical specialists, social workers, and persons living with HIV. Topics covered include HIV-related stigma and discrimination, HIV testing and public health laws, confidentiality and privacy rights, estate planning issues, HIV criminalization, health disparities, access to health care and health insurance, permanency planning for children and other family law issues, employee benefit issues, and torts and HIV-related private lawsuits. There is an opportunity for student presentations on AIDS Law issues. In lieu of an exam, there is a paper requirement for the course. The course is helpful but not required for those intending to enroll in the Health Justice Clinic.

This course is only offered in the fall semester.

304

Big Bank Regulation 4
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

Banking has evolved rapidly in just a few years. Global trade and investment has been supported and promoted by an emerging global financial system. This has in turn encouraged the growth of giant universal banks, based in the United States, the United Kingdom, mainland Europe, and in China and Japan. Most modern banks of any significant size (greater than $100 billion in total assets) have transnational and often truly global operations, but they also create major new risks and regulatory challenges. The debate over big banks and "too big to fail" concerns continued to be an important public policy concern in the 2016 Presidential election campaign. Since the Global Financial Crisis of 2008, the largest in a long run of domestic and international crises since the Great Depression of the 1930s, a new “Dodd-Frank” and “Basel III” framework has been emerging.  This framework has fundamentally changed the way in which such financial institutions are regulated.  After nearly a decade of reform, however, the framework remains fundamentally controversial, at least in the United States, and executive and congressional efforts to reverse the Dodd-Frank and Basel models are currently on the main national political agenda. 

The walls between the three main sectors of finance - banking, securities and insurance - have broken down, yet at their core banks continue to be somewhat unique in their functions and the challenges they present for financial stability. This course will review all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and  future challenges and prospects for global and domestic financial reform.

 

306

Corporate Crime 4
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Spring 18
  3. Spring 20
  • Final Exam
  • Class participation

This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice. The course will give students a first exposure to: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers involved in potential criminal violations (and certain civil analogues); and (2) the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context.

This field is large, complex, and developing rapidly. This course therefore can cover only a selection of topics, and will emphasize policy and the need to confront gaps and uncertainty in doctrine. As there is no unitary body of black letter law in this field, this is not that kind of course. Coverage is likely to include mail and wire fraud, perjury and obstruction of justice, securities fraud (including insider trading and accounting fraud), the Foreign Corrupt Practices Act, corporate criminal liability, grand jury powers and procedure, representation of entities and individuals, the Fifth and Sixth Amendments in the corporate context, plea and settlement agreements, and sentencing.

The materials consist of a course pack and occasional handouts. Assigned reading averages about 80 pages per week. The grade will be based primarily on a take home exam, with some weight given to class participation. Use of laptops, smartphones, tablets, and the like will be prohibited during class meetings.

309

Children and the Law 2
  • JD SRWP, option
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages

This seminar is derived from the three-credit Children and the Law course.  Where the latter is a broad survey of the law governing decision making for children and the relationship between parents and the state that arises in that context, this seminar focuses in on the three areas of the law that tend to generate the most cultural and legal controversy: education, religion, and maltreatment.  Students will be required to prepare memoranda throughout the semester on related topics including home schooling, curriculum reform, vaccination law, proxy consents to medical treatment and research, corporal punishment, and the Fourth Amendment’s special needs administrative search exception.  The course can be used to satisfy the upper-level writing requirement.  There are no prerequisites.  However, because the subject matter builds on the foundations of constitutional law, property, and torts, it will be useful to have taken these classes.

311

Election Law 3
  • JD elective
  • JD SRWP
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Spring 20
  • Research and/or analytical paper(s), 10-15 pages
  • Research paper, 25+ pages
  • Reflective Writing
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

This course will explore selected topics in Law and Politics of American Democracy. We will examine the way the law and other forces have shaped the structure of American political participation, and we will consider alternative directions American democracy might take. Time permitting, we will focus on the right to vote, racial and political gerrymandering, campaign finance, political parties, ballot access, reapportionment/redistricting, and the Voting Rights Act.

313

Judicial Decisionmaking 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 19
  2. Spring 20
  • Final Exam

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

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

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

 

317

Criminal Justice Ethics 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Spring 20
  • Final Exam
  • Reflective Writing
  • Class participation
  • Other

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

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.

 

321

The Law and Policy of Innovation: the Life Sciences 3
  • JD SRWP
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Reflective Writing
  • Research paper, 25+ pages
  • Class participation

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

322

Copyright Law 3
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Spring 18
  2. Spring 19
  3. Fall 19
  • Final Exam

A comprehensive course on the law of literary and artistic property, with emphasis on mastering the technical intricacies of the 1976 Copyright Act and its many complex recent amendments, including the cyberspace rules introduced by the Digital Millennium Copyright Act. Subject matter treated will include literary characters; musical works; pictorial, graphic, and sculptural works; industrial designs; motion pictures and plays; sound recordings; computer programs and databases. Throughout the course effort is made to clarify the relations between artistic property and industrial property (especially trademarks and unfair competition law) in the United States and at the international level. Students are encouraged to think critically about the unresolved economic and policy issues facing creators and innovators in an Information Age, issues that often reflect a larger, ongoing debate within the framework of the world's intellectual property system, and the course will prepare them for the practice of copyright law at any level.

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.

329

Education Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Research paper, 25+ pages
  • In-class exercise
  • Class participation

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

330

Federal Criminal Law 4
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Fall 18
  3. Spring 20
  • Take-home examination
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

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

The grade will be based on mock arguments and a take-home examination.

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

 

333

Science Law & Policy 3
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • IntllLLM IP Cert
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam
  • Reflective Writing
  • Practical exercises
  • In-class exercise
  • Class participation

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

334

Civil Rights Litigation 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation

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

338

Animal Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Reflective Writing
  • Class participation

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

341

FDA Law & Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Fall 19
  • Final Exam

Introduction to basic principles of food and drug laws and examination of how significant doctrines of constitutional, administrative, and criminal law have been elaborated and applied in the food and drug context. The United States Food and Drug Administration has a pervasive role in American society: it is often said that the agency regulates products accounting for twenty-five cents of every dollar spent by consumers. Exploration of the complex interplay of legal, ethical, policy, scientific, and political considerations that underlie the FDA's regulatory authority, its policy-making, and its enforcement activity. 3 units.

342

Federal Courts 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Spring 20
  3. Spring 18
  4. Spring 19
  • Final Exam

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

343

Federal Courts I: Constitution & Judicial Power 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  • Final Exam

This installment focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, and finality), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies).

This installment also focuses on the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the parameters of federal question jurisdiction.

344

Federal Courts II - Public Law Litigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Final Exam

This installment addresses a broad variety of public law litigation, including private rights of action to enforce federal statutes and constitutional litigation against federal and state governments and their officials. We will give significant attention to both federal and state sovereign immunity, as well as to doctrines of qualified and absolute immunity that protect individual government officers. The course also discusses the roles of state and federal courts in hearing public law litigation, including principles of judicial federalism limiting federal court interference with state judicial proceedings. We conclude with an extensive unit on federal habeas corpus remedies, including both challenges to federal executive detention (including the War on Terror cases) and collateral attack on state criminal convictions.

Federal Courts I (Fall 2015) is not required.

345

Gender & the Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Final Exam
  • Reflective Writing
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

This survey course examines topics in law relating to gender through a series of different theoretical perspectives. Topics include employment, the family, domestic violence, school sports, sexual harassment, pornography, prostitution, rape, affirmative action, women in legal practice, pregnancy, and sexual identity. Some film is used in class. Evaluation is by an end-of-term exam and three short "reaction papers."

347

Health Care Law and Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Spring 19
  3. Spring 20

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

350

Advanced Constitutional Law: A Legal History of the US Civil Rights Movement 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  • Final Exam
  • Class participation

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

351

U.S. Immigration and Nationality Law 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  2. Fall 17
  3. Spring 19
  • Final Exam
  • Class participation

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

355

Sex in Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  • Research and/or analytical paper(s), 15-20 pages
  • Class participation

This fall semester the course will be taught as a seminar focused specifically on sex in law.  We will begin with a history of biological sex classifications, societies' interest in those classifications, and the special benefits and/or burdens they have involved for individuals.  This section of the course will feature the male-female binary, but in that context, we will also discuss the legal treatment of individuals with intersex conditions.  We will then turn to an examination of modern sex classifications and equality law, and the way these have developed in tandem with academic work critiquing the social or gendered construction of sex.  This section of the course will focus on the application of the Equal Protection Clause to discrimination “on the basis of sex” and the doctrine that has developed around the federal statutes prohibiting sex discrimination.  We will end with focus on two current debates: the first about the merits of a sex-blind approach to equality law—whether, for example, society should continue to support or permit some men’s and women’s-only spaces; and the second about whether sexual orientation and gender identity should be considered aspects of “sex” for purposes of this law.
This is not an exam course.  Grades are based on six short – 1500+ words – analytical papers related to the assigned materials, and regular, active participation in seminar discussions.  If you wish to write a longer piece on a topic related to the subject matter of the course, we will consider an additional one credit independent study alongside the seminar.  An independent study paper does not replace the critique papers. Please request permission of the instructors before enrolling in Law 335W.

363

Legislation and Statutory Interpretation 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Fall 18
  3. Fall 19
  • Final Exam

Legislation is one of the most important forms of law in modern American society. Indeed, it has been said that we are living in an 'age of statutes.' Almost every aspect of legal practice involves construction of statutes, whether defining the jurisdiction of the courts or establishing the norms to which society must conform. In this course, we will examine the legal theory and practice of the making and enforcement of statutes. The course will begin with a study of the legislative process, with special attention to theories that seek to understand why some bills succeed where others fail. The next unit of the course will consider statutes as a unique source of law, comparing them to the common law and the Constitution. We will then move to the heart of the course, which will focus on how judges and other legal actors (agencies, enforcers, etc.) interpret statutes. There will be a take-home final for this course.

369

Patent Law and Policy 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

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

384

Securities Regulation 4
  • JD elective
  • LLM-LE (JD) required
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

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

390

Structuring and Regulating Financial Transactions 3
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM NY Bar
  • IntlLLM Business Cert
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

In this exciting, innovative, and important area of legal practice, companies domestically and worldwide raise money through an array of structures intended to separate “financial” assets—effectively rights to (or expectations of) payment—from the risks associated with the company.  The assets are then dedicated to repayment of capital market securities.  Sometimes referred to as structured finance or securitization, this approach creatively brings together many fundamental legal disciplines, including bankruptcy, securities law, corporation law, secured transactions, finance, and tax.  Using structured finance as an organizing principle, this course teaches the critical aspects of these disciplines that you are likely to encounter in practice.  In addition, the course introduces important commercial financing techniques and concepts, including guarantees, loan agreements, legal opinions, and letters of credit, as well as interest rate and currency swaps and other derivative products.  Furthermore, the course addresses how the capital markets work, including the role of rating agencies, and touches on the cross-border and transnational considerations that are essential to modern business transactions.  It also shows how structured finance principles can be applied broadly, such as to international project-finance transactions and to microfinance.  Finally, the course examines the ethics and efficiencies of “deconstructing” companies in this manner, including the use and possible abuse of special purpose entities and the potential to generate unanticipated consequences, as occurred in the 2007-09 financial crisis.

There is no formal prerequisite.  The class will be challenged to identify problems and find real-life, creative solutions.  A student without any business-law background should still be able to master the course because the relevant legal principles will be learned and applied along the way, in the same manner that a good practitioner learns. 

400

Health Justice Clinic 4-6
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Reflective Writing
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This course is an in-house legal clinic in which students provide legal representation for persons with HIV/AIDS, cancer, and other serious health conditions. Under the close supervision of clinical instructors, students represent clients in cases that are related to the client's health condition, including: estate planning (wills, living wills, health care powers of attorney, powers of attorney); government benefits (Medicaid, Medicare, Social Security Disability); permanency planning for children; health and disability insurance; guardianship; health-related discrimination in employment, housing and public accommodations; health information privacy; and other civil cases related to health. Students are certified under North Carolina's Student Practice Rules.

Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, and health disparities and stigma. Students also meet individually with clinic instructors each week. Each student carries an individual case load and is required to meet a minimum hours requirement. The course is offered for 4, 5, or 6 credits, with hour requirements of 100, 125, and 150 respectively.

AIDS and the Law is recommended, but not required for enrollment in the clinic. This clinic is offered each semester. Students must be at least in their second semester, second year to take this clinic, because of the requirements of the Student Practice Rules.

Clinics Enrollment Policy

Important:

  • Students are required to attend the day-long clinic intensive training session.  Students who have previously completed a clinic may skip the morning portion of the intensive.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.
  • Course website
  • ** Variable Credits 4-6 **

Ethics Requirement

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

Enrollment Pre/co-requisite

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

401

Advanced Health Justice Clinic
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Live-client representation and case management

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

402

HIV / AIDS Policy Clinic 3
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Class participation

Students in this clinic will focus on policy work rather than direct client representation. Students will work on policy initiatives aimed at increasing access to quality, comprehensive health care for low-income individuals living with chronic illnesses like HIV/AIDS. The policy work will focus on barriers to access to care and prevention, including implementation of health care reform in North Carolina, funding disparities throughout the Southern US, HIV-related stigma, criminalization of HIV, and access to HIV medications.. Students will work to inform policy recommendations and advocacy strategies at the national, regional, state and county levels in executive, legislative and regulatory arenas. Over the course of a semester, students can expect to accumulate a wealth of hands-on experience in current and emerging health policy issues on the state and federal level. Students will conduct legal and fact-based research to inform policy recommendations, produce in-depth reports, comment letters, presentations to policy makers, and draft legislation or regulatory guidance. Each student will focus on particular policy project(s) and will be required to spend a minimum of 100 hours on their clinic project(s). We will have regular group meetings with students and clinic faculty throughout the semester.

Clinics Enrollment Policy

IMPORTANT:
Instructor permission is required for enrollment in the AIDS Policy Clinic. This course may not be dropped after the first class meeting.

Instructor Permission Required for Enrollment
To enroll in the Clinic, you must have successfully completed at least two semesters of Law School and have instructor permission. It is helpful to have had experience working on HIV/AIDS or other health health policy or related issues, or to have taken AIDS and the Law and/or the AIDS Legal Assistance Project.

404

Advanced HIV/AIDS Policy Clinic
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Spring 18
  2. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Class participation

This clinic provides an opportunity for students who want to do advanced work after completing the HIV/AIDS Policy Clinic. Variable Credit.

407

Appellate Litigation Clinic (Fall) 3
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  1. Fall 19
  2. Fall 18

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

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

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

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

Important:

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

408

Appellate Litigation Clinic (Spring) 2
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  1. Spring 20
  2. Spring 19

Spring continuation of Appellate Litigation Clinic.

416

Children's Law Clinic
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation

Students in this course participate in a legal clinic focused on the representation of low income children and their parents. While the majority of cases will focus on school-related matters, students may also participate in cases involving other issues relating to the health and well-being of children, such as government benefits and limited family law. Students will have an individual case load and will be closely supervised by clinic faculty. Various case assignments can involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. Students must attend a two-hour seminar once per week, with associated preparation. Students work on clinic cases approximately 10-12 hours a week, for a minimum of 125 hours of legal work during the semester for 5 credits and 100 hours for 4 credits. There is no paper and no exam. Students must be in at least their fourth semester of law school to enroll in the clinic due to state student practice rules. Education Law is recommended, but not required. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic. (see Clinics Enrollment Policy).

Important:

  • This course may not be dropped after the first class meeting.
  • *Variable Credit: 4-5 credits upon student selection*
  • Students MUST be able to attend the day-long clinic intensive training session to enroll in this course.
  • International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

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

417

Advanced Children's Law Clinic 3
  • 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
  • Practical exercises
  • Live-client representation and case management

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

427

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

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

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

428

Advanced Community Enterprise Clinic 2
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • PIPS elective
  • PIPS experiential
  1. Spring 20
  2. Fall 17
  3. Spring 18
  4. Spring 19
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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

435

First Amendment Clinic 4
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 18
  4. Spring 19
  • Live-client representation and case management

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

 

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.

 

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.

460

Negotiation for Lawyers 3
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Practical exercises
  • Class participation

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

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

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

 

471

Science Regulation Lab 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20

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

493

Wrongful Convictions Clinic 4
  • JD elective
  • JD experiential
  • 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
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation

The Wrongful Convictions Clinic is an investigative and litigation clinic.  With the assistance of supervisors, outside counsel, and other professionals, students work in teams to help free innocent inmates in North Carolina by developing their claims of innocence and, when necessary, pursuing relief on their behalf in state and federal court.  Each team of students,  under the supervision of Clinic faculty, undertakes a wide range of work, which can include corresponding and meeting with the client, identifying and interviewing witnesses, developing an investigative and legal strategy for advancing the client’s case, researching and drafting complex complaints and briefs, assisting in court proceedings, and, eventually, assisting the client in transitioning from wrongful imprisonment to freedom.

The seminar component of the Clinic examines the principal factors that contribute to wrongful convictions (e.g., mistaken eyewitness identification, false confessions, faulty forensic evidence, incompetent defense counsel, and police and prosecutorial misconduct) and offers training in relevant investigative and litigation skills ( e.g., interviewing, writing, and analysis of various forms  of evidence).

Clinic students must attend an all-clinics’ intensive training day scheduled early in the semester and, over the semester, perform a minimum of 100 hours of client work (in addition to weekly seminar preparation and attendance).

504

Critical Race Theory 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation

Critical race theory (CRT), a scholarly movement that began in the 1980s, challenges both the substance and style of conventional legal scholarship.  Substantively, critical race scholars (“race crits”) reject formal equality, individual rights, and color-blind approaches to solving legal problems.  Stylistically, race crits often employ new methodologies for legal scholarship, including storytelling and narrative.  This course introduces CRT’s core principles and explores its possibilities and limitations.  With a heavy focus on writings that shaped the movement, the course will examine the following concepts and theories: storytelling, interest convergence theory, the social construction of race, the black-white paradigm, the myth of the model minority, intersectionality, essentialism, working identity, covering, whiteness and white privilege, colorblindness, microaggressions, and implicit bias.  Students will apply these theories and frameworks to cases and topics dealing with, among other things, first amendment freedoms, affirmative action, employment discrimination, and criminal disparities and inequities.  The course affords students an opportunity to think about the ways in which racism, sexism, classism, and heterosexism are inextricably interwoven as well as an opportunity to challenge critically our most basic assumptions about race, law, and justice.

510

Legal Interviewing & Counseling 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Spring 18
  4. Fall 18
  5. Spring 19
  • Reflective Writing
  • Practical exercises
  • In-class exercise
  • Class participation

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

513

Murder Trials: Real-World Lessons in Persuasive Advocacy 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  1. Spring 19

Credits earned in this seminar, grounded in simulating participation in certain aspects of a murder trial, apply to the experiential learning requirement for graduation. The course's backbone will be real first-degree murder cases that resulted in conviction and the death penalty. Simulations in the form of class exercises and writing assignments will be based upon those high-stake cases' actual evidence, defense and prosecuting attorneys' decisions and actions, and the controlling constitutional and evidentiary law. The simulations will include but not be limited to attorneys' brainstorming to make tactical decisions, composing jury selection questions to pick a "fair" but "death-qualified" jury, and writing and presenting opening statements and closing arguments. In the simulated activities, students will learn to practice the art of persuasive, zealous advocacy in the face of challenges to professionalism, ethical dilemmas, and complex tactical choices. Lessons about advocacy, though learned in the context of death penalty cases' memorable circumstances, apply equally to students' future practice in transactional or civil litigation practice.

514

Research Methods in Administrative Law 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Short Research Assignments
  • Class participation

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

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.*

536

The Presidency and Criminal Investigations 1
  • JD SRWP with add-on credit
  • JD elective
  • PIPS elective
  1. Spring 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

Recent developments have brought to the fore a collection of legal issues, some novel and others dormant for many years, relating to the interaction of the criminal investigative process with the White House and the presidency.  The seminar will discuss the legal boundaries around the criminal justice process’s interaction with the White House, while exploring larger themes about the office of the presidency and the constitutional structure of the national government.  The course will be structured around six relatively stand-alone topics:  (1) Independent and special counsels and their interaction with congressional investigations; (2) The grand jury, immunity, the Fifth Amendment privilege, and perjury/obstruction of justice, as they relate to White House investigations; (3) Representing the president:  attorney-client privilege, the White House counsel, and the private defense bar; (4) Executive privilege and potential executive immunity from indictment, trial, conviction and/or sentence; (5) The pardon power; and (6) The law of impeachment.
Students will be expected to lead one class meeting discussion during the semester, and a total of 15 pages of writing will be required. Students may elect to write four response papers of approximately four pages each, or one longer paper at the end of the semester of at least 15 pages.  Students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit, and this research project may be used to satisfy the upper-level writing requirement.

536W

The Presidency and Criminal Investigations, Writing 1
  • JD SRWP
  • JD elective
  • PIPS elective
  1. Spring 18
  • Research paper, 25+ pages

While enrolled in LAW 536 The Presidency and Criminal Investigations, students may submit a significant research paper and earn an additional one credit for the course. 

541

Nonprofit Organizations 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

The subject of the course is the diverse sector of the economy composed of nonprofit organizations. The topics to be covered include their economic function, governance issues, the tax laws covering them, abuses of their special status, and policy issues regarding them.

545

Urban Legal History 3
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Spring 20
  • Research paper, 25+ pages
  • Class participation

Urban Legal History is a research seminar which will focus on the legal issues relating to Durham's political, social, and economic development. The class will involve intensive study of primary and secondary materials, and will require students to produce substantial (45 page) research papers.

550

Legal Issues of Cybersecurity and Data Breach Response 2
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Fall 19
  2. Spring 19
  • Research and/or analytical paper(s), 10-15 pages
  • Practical exercises
  • Class participation

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

556

Second Amendment: History, Theory, and Practice 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  2. Spring 20

The Supreme Court's decisions in District of Columbia v. Heller and McDonald v. City of Chicago have ushered in a whole new era of Second Amendment theory, litigation, and politics. Current events keep issues of firearms, gun violence, gun safety, and self-defense constantly in the news. This seminar will explore the Second Amendment and the various state constitutional analogs historically, theoretically, and pragmatically. Students will be introduced to the historical and public policy materials surrounding the Second Amendment, the regulatory environment concerning firearms, and the political and legal issues pertaining to firearm rights-enforcement and policy design. Evaluation for the seminar will be based on eight short reaction papers and in-class participation.

561

Tax Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20

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

562

Sentencing & Punishment 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Research paper, 25+ pages
  • Class participation

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

567

Law, Economics & Politics: Seminar 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 20
  • Reflective Writing
  • Class participation

This iteration of the Law, Economics and Politics seminar will focus primarily on the economics, law and politics of contracting (broadly defined).  Every week, the class will discuss a different research paper on the topic.  Most weeks, one of the authors of those papers will join us for the discussion.  Active participation in the discussions and engagement with the substance of the papers is a requirement (there will also be weekly writing requirements). Some of the guests who are scheduled to visit in the Fall 2018 semester include John Coyle (UNC), Anusha Chari (UNC), Glen Weyl (Yale), Benjamin Edelman (Harvard), and Alon Brav (Duke).  The instructors for this seminar are Mitu Gulati (Duke Law) and Tracy Lewis (Duke Econ/Business).

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

The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will not be a final exam or final paper.

 

569

Health Law Colloquium 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  1. Fall 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This Workshop features leading health law and policy scholars to discuss current topics in the field.  While no background is required, the workshop will expect students to discuss advanced and complicated matters of health policy with the figures who are leading national policy discussions.  Students will be required either to provide reaction papers to weekly papers or prepare a final research paper.

573

Shaping Law and Policy: Advocacy and the Affordable Care Act 2
  1. Fall 19
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Class participation

This seminar will discuss how legal advocacy shapes law and public policy at the federal level, with particular emphasis on the last decade of history under the Affordable Care Act (ACA). It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies to illustrate the legal community’s key levers in shaping recent health policy. Each weekly seminar will focus on one of the health policy issues addressed in the ACA, across its various stages of development and evolution. Topics will include the individual mandate, Medicaid expansion and waivers, insurance exchanges, employer mandates, insurer risk protections, and cost sharing reduction subsidies; as well as broader legal issues involving federalism, administrative rulemaking, standing, severability. and delegation to extra-legislative bodies. After a very brief immersion in the context of health policy history and the tools of the public law trade, the seminar will emphasize how attorneys and their allies can play either offense or defense as the later stages of policy debates shift. The ACA provides an organizing context and means to the broader end of examining how Washington-oriented attorneys and related legal advocates operate, while providing a quick introduction to a host of contemporary issues in health law and policy. Because the best way to be an effective advocate is first to understand the best arguments on both sides of a given issue, the seminar will provide a balanced representation of efforts by ACA defenders, opponents, and those in-between as they engaged in various regulatory and litigation activities to advance, negate, or alter the law’s original intentions. Study of the diverse and often-shifting legal problems encountered by a single industry, particularly one as important and complex as health care, may appeal to students generally interested in public policy and in law and economics, not just health care, as well as those interested in sharpening their skills in legal advocacy through involvement in litigation and administrative rulemaking.   

575

Securities Litigation and Enforcement in Practice 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 19
  2. Spring 19
  • Practical exercises
  • In-class exercise
  • Class participation

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

577

Emerging Issues in Sports and the Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

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

581

FinTech Law and Policy 3
  • JD SRWP
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

In 2016, few people had ever heard of Bitcoin or blockchain, initial coin offerings were non-existent, and U.S. financial regulatory agencies had yet to react to the emergence of non-bank financial services providers. The FinTech industry has changed dramatically since then: Bitcoin has captured the public imagination and spawned new derivatives products, you can now apply for a mortgage on your smartphone, initial coin offerings are now a viable alternative to venture capital funding, and the Office of the Comptroller of the Currency has proposed a new kind of bank charter specifically for FinTech firms.While many have focused on the technologies underpinning the FinTech revolution, less attention has been placed on how these technologies fit within the current financial regulatory framework. Understanding this framework is critical to the long-term success of any FinTech startup. While technology startups in other sectors may predicate their business on breaking rules and ignoring regulations, such a strategy is sure to fail if deployed by a FinTech firm. This is because the financial industry is heavily regulated by multiple state and federal agencies that often have overlapping authority. Being a successful FinTech firm requires more than just great technology; it also requires an understanding of the laws and regulations applicable to your business.

This course aims to provide you with that understanding. You will learn about the critical legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments and wealth management technologies, and financial account aggregators. In addition, you will learn how regulatory agencies in the U.S. are continually adjusting to the emergence of new financial technologies and how one specific agency, the Office of the Comptroller of the Currency, has proposed a path for FinTech firms to become regulated banks. You will also learn the basics of how banks are regulated in the U.S.

If you are unfamiliar with how these new financial technologies work, fear not. We will begin each new course section with a high-level overview of the underlying technology.

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.

 

587

Race and the Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  • Research paper, 25+ pages

Are we a post-racial society? Is English-only the way to go? Is there a model minority? Are Native American children better off with Native American parents? Should affirmative action be abolished? Are all women white and all blacks men? Was Brown right? This seminar will explore the historical and contemporary treatment of race in the United States by both the courts and the legislature. The seminar will employ an interdisciplinary approach to examining the social and political forces that have and continue to contribute to the development of legal doctrine in the areas of education, employment, health care, interracial sex and marriage, and public accommodations, among other things. Throughout, the seminar will explore the definition of race, the intersection of race and gender, the interplay of race and class, the juxtaposition of various racial groups, and the utility of a biracial dichotomy in a multiracial and multiethnic society. Materials will include cases, films, law review articles, excerpts from books, and other nonlegal materials. The seminar will examine race from a multiracial, multiethnic perspective. Participation from a diverse group of students is encouraged. A paper will be required.

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.

593

Sexuality and the Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation

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

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.

618

Readings: Introduction to Health Law & Policy – What’s a Needle? and Other Foundational Questions 1
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Fall 18
  • Reflective Writing
  • Class participation

This course offers a very broad yet brief introduction to the diverse and growing field of health law.  Team taught by six different instructors, this course designed both as a general overview to “everything you wanted to know about health law but were afraid to ask” as well as a gateway to Duke’s other offerings in health law and health policy.

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).

 

677

Duke Law in DC: Rethinking Federal Regulation 4
  • JD SRWP
  • JD elective
  • PIPS elective
  1. Spring 18
  2. Fall 18
  3. Fall 19

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

679

Duke Law in DC Externship 9
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Fall 19

This 9-credit externship is one of three components of the Duke Law in DC experience, which also includes a seminar course and a substantial research paper. With the support of the Externship Administrator, students seek and secure a full-time externship position with a non-profit or government agency or office in Washington, DC. Duke Law in DC externship students have the opportunity to gain substantial hands-on experience in order to advance their academic and professional development while working under the supervision of an attorney on high-quality real-life work assignments.

Under the Duke Law Externship Program, a student must complete 50 hours of externship per externship credit; Duke Law in DC requires 450 hours of externship to be completed between the first day of classes and the last day of exams each semester. Students are required to submit bi-weekly reflection papers and hours logs to the Externship Administrator and course professor. Students will be graded on a credit/no credit basis, based on successful completion of the required externship hours and diligent submission of reflection papers and hours logs.

The Duke Law in DC externship program is open to second- and third-year law students, by permission only.

Please follow this link for details and rules governing externships: http://law.duke.edu/about/community/rules/sec3#rule3-25

9 credits / credit-no credit grading basis

707

Statutory Interpretation Colloquium 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 20
  • Reflective Writing
  • Research paper, 25+ pages

The objective of the course is to introduce students to important issues concerning the theory and doctrine of statutory interpretation through exposure to cutting-edge legal scholarship. The colloquium will feature bi-weekly presentations of works-in-progress by leading scholars of statutory interpretation, legislation, and administrative law. In the week preceding each presentation, students will read and discuss foundational materials (a mix of academic commentary and case law) on topics related to the work-in-progress.

Students may opt to prepare six short (5-10 page) papers in response to each work-in-progress, which would be due in advance of the presentation and used to stimulate discussion. Alternatively, students may write one longer research paper (roughly 30 pages) dealing with a topic of their choice related to the themes of the class. Students who take the latter option may use the colloquium to satisfy the upper-level writing requirement.

710

Derivatives: Financial Markets, Law and Policy 3
  • JD SRWP
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

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

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

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

Required Coursework

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

  1. A thirty-page paper, to be submitted by Friday, April 14 2017 (80%); the opportunity for JD writing credit will be given to the first five students who present research proposals, approved by me, commit to completing their drafts by Friday March 10 for grading and comments by me, and submit their final drafts in response to comments by the last day of class for the semester (when all papers will be due).
  2. An individual class presentation, of 20 minutes in length (10%), on the early draft of the 3-credit paper; and
  3. Overall class participation (10%).The course will be highly interactive and graded on this basis.

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

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
  2. Spring 20
  • 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.  

716

CyberSecurity, Privacy and Government Surveillance 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 20
  2. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • In-class exercise
  • Class participation

The acquisition, management, analysis, dissemination, and security of data are increasing important issues for individuals, commercial enterprises and governments.   New technologies create a more connected and personal digital society.  Every day, transactions engaged in by individuals generate ever expanding amounts of personal information, including credit card transaction information, purchasing histories, bank and other financial transaction information, location information, health information, real property ownership information, information relating to interactions with the criminal justice system, information shared on social media and other types of information.  Not only is the volume of personal information escalating rapidly; much of it is revealed in on line transactions, enabling it to be acquired for multiple uses, and much resides on servers and storage media where it can be accessible or potentially accessible to commercial enterprises and government agencies. New cybersecurity risks are demanding responses from governments as they address attacks on critical infrastructure, election interference and the potential for manipulation of the data used to train artificial intelligence tools.

In both the commercial sector and the government sector, the legal and policy issues associated with data, cybersecurity and surveillance are growing in importance.   Discussion of these issues in either sector cannot ignore the others, because the issues frequently intersect.  They also transcend national boundaries. For example, in President Obama’s proposals to revise government policy towards signals intelligence collection, he states that such policies implicate “the cooperation we receive from other nations on law enforcement, counterterrorism, and other issues; our commercial, economic, and financial interests, including a potential loss of international trust in U.S. firms and the decreased willingness of other nations to participate in international data sharing, privacy, and regulatory regimes …”[1]  This intersection of issues creates particular challenges for existing constitutional, legislative and international governance models.

In the government sector, increased risks such as nation state cyber threats now create new priorities to add to those efforts spurred by the terrorist attacks on September 11, 2001.  Combating and preventing terrorist and cybersecurity attacks relies heavily on the collection of information through electronic surveillance.  The tension between these efforts and individual privacy creates frictions that are forcing reconsideration of existing methods of mediating these interests.  This tension then creates challenges for long accepted ideas of nation state use of signals intelligence interception and other information gathering operations (such as the gathering of intelligence about potentially hostile governments).  Similar reconsideration is occurring in the commercial sector, where consumers’ desire for confidentiality in the data that relates to them can conflict with markets for information and commercial and entrepreneurial interests that wish to take advantage of such data to provide new goods and services that consumers value.  

[1] Presidential Policy Directive/PPD-28, p. 1 (January 17, 2014).

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.

718

Social Choice Theory: Cost-Benefit Analysis and Beyond 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Spring 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

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

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

My two books, Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis (Oxford University Press 2012), and Measuring Social Welfare: An Introduction (Oxford University Press, forthcoming) will serve as the main texts for the course, with additional readings from philosophy, economics, and law.  The course does not require advanced mathematics. However, students should not be "math phobic". The readings and our discussion will use some mathematical notation to communicate key ideas—as does, of course, any economics text on cost-benefit analysis--and students should not be afraid of seeing this notation. Students should also be prepared to engage in philosophical discussion.

The course will be taught as a 2-hour weekly seminar. Students will be asked to do the reading for each seminar; to write a short (1-2 page) reaction paper; and to participate in class discussion. Students will also write a 10-page final paper.  This final paper can either be (a) a critical discussion of one or more chapters from Well-Being and Fair Distribution or Measuring Social Welfare, or (b) a critical discussion of some other book or article relevant to the topics of the seminar.

 

719

Rule of Law: Theory and Doctrine 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  • Short Research Assignments
  • Class participation

Some believe that recent developments in U.S. politics threaten "the rule of law."  This seminar aims to gain a clearer theoretical understanding of the "rule of law" as well as the related concept of democratic governance; and to see how far the twin ideals can be protected in doctrines of US constitutional law. In the theory part, we read seminal works, including Hart's Concept of Law, Fuller's Morality of Law, and Ely's Democracy and Distrust. We then address the doctrine not by a comprehensive treatment, which would be impossible, but rather by a focused discussion of difficult areas - including nondelegation, gerrymandering, judicial independence, corruption, and executive power.

738

Financial Law and Regulation: Practitioner's Perspective 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • 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.

753

Law and Literature: Race & Gender 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This seminar uses contemporary fiction to explore the intersection between literary and legal studies, with a particular focus on race and gender. Through literature and some film, the seminar examines the role of law in the structure of conflict, personal relationships, social hierarchy and social change, with attention to privilege, perspective, and voice. Authors include Margaret Atwood, Richard Wright, Kazuo Ishiguro, Aravind Adiga, Toni Morrison, Ursula Hegi, and Nella Larsen.

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

758

Originalism and Its Discontents 3
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Reflective Writing
  • Research paper, 25+ pages
  • Class participation

Originalism is a major school of constitutional interpretation and a growing field of study. Both public discourse and legal practice commonly feature originalist arguments as well as criticisms of originalism. To engage these arguments, lawyers and citizens should be able to weigh the merits of a diverse set of originalist theories. This course is designed to acquaint you with a number of originalist and nonoriginalist arguments; enable you to judge for yourself the strengths and weaknesses of each; and give you an opportunity to sharpen your own views on the topic. It examines various originalist theories (original intentions, original meanings, original methods, and so on), different emphases in originalist argumentation over time (the “old” originalism vs. the “new”), and forms of argument used in support or opposition (conceptual, normative, positive). The course will be taught as a two-hour weekly seminar, focused on class discussion of the readings. Each student will choose weeks in which to submit a total of eight short papers (5-8 pp.) in response to the readings. These papers will be circulated to all participants via Sakai and will serve, together with my own comments at the start of each session, as a basis for class discussion. Alternatively, students may instead pursue independent research projects related to originalism, submitting first and final drafts (~30 pp.) in compliance with the upper-level writing requirement. Students choosing this option must do so prior to the close of the Drop/Add period.

771

Defamation and Privacy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  • Research paper, 25+ pages
  • Class participation

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

774

Taboo Trades & Forbidden Exchanges 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20

This class examines exchanges and transactions that are traditionally taboo, and sometimes illegal. Importantly, what constitutes a taboo trade is culturally dependent, changing over time and across cultures. For example, typical taboo trades in modern western societies include organs, blood, babies, sexual relations, votes for money, and a wide range of other issues. In other cultures and other times, however, humans were sold as a matter of course, whereas land was considered inalienable.

Students will discuss reading selections from law, economics, anthropology, psychology, and sociology. During most class meetings, we will host speakers (generally visiting faculty from other law schools) who will discuss current projects related to taboo trades.

776

Supreme Court Litigation 2
  • JD elective
  • JD SRWP
  • IntlLLM/SJD/EXC elective
  1. Fall 17

This course has three objectives:  

  1. To gain a working knowledge of the unique role the Supreme Court plays in our legal system—identifying and resolving important disputed recurring issues of federal law—and of the demands thus placed on lawyers who practice before it;
  2. To provide a very intense experience in honing your legal writing skills, by the preparation of two short (10-12 page double spaced) briefs reflecting different phases of Supreme Court litigation, each to be prepared over a separate four week period, with on-going one-on-one interaction with the professor and detailed comments on the final brief;
  3. To study the oral argument process as now practiced in the Court, including moot court arguments be each student in a current case, study of actual arguments from the present Court Term and, if possible, attendance at one or more moot courts by arguing lawyers and discussions with those lawyers.  

    The uniqueness of practice in the Supreme Court stems primarily from the certiorari process, by which the Court identifies the 1% of petitioning cases it will hear on the merits. Lawyers on both sides must convince the Court that the case at hand does or does not present a legal issue of sufficient moment and controversy as to presently demand the Court's attention. We will discuss in detail the features of a case that enhance or detract from its chances for certiorari.  After a case is granted and goes forward on the merits, the selective nature of the Court's jurisdiction—and its focus on resolving recurring legal issues rather than simply deciding cases—shapes the lawyer's approach to the case in important ways, which will be considered in class sessions dealing with the drafting of merits briefs and the role that amicus briefs play in the Court's work.

    All of these goals will be pursued through the study of three or four actual cases from the present Term.  The greatest amount of effort, by both the students and the professor, will be invested in the two short brief writing assignments.  These assignments, an Opposition to Certiorari and a Reply Brief on the merits, will demand both an understanding of the nature of the Supreme Court's process and a firm grasp on the law and facts of the particular case.  In both instances you will prepare an outline, meet with the professor to discuss your approach, and then prepare the final brief.  Neither brief will require extensive research beyond the materials cited in the case filings you will be provided with.  Both briefs will demand an ability to think and write in clear simple English, and self-critically evaluate and revise what you have written—with feedback from the instructor - to make it as coherent and persuasive as possible to the Justices and their clerks.    A limited number of students may satisfy the upper-level writing requirement through an additional credit of work and with the permission of the instructor.  

779

Well-Being and the Practice of Law 1
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20

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

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

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.*