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Search and explore Duke Law's wide variety of courses that comprise nearly 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.

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

JD/LLM in International & Comparative Law

JD/LLM in Law & Entrepreneurship

International LLM - 1 year

Certificate in Public interest and Public Service Law

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Clear all filters 29 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

255

Federal Income Taxation 4
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • IntlLLM NVE Cert
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • 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

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

307

Internet and Telecommunications Regulation 3
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • PIPS elective
  • Fall 21
  • Spring 23
  • Final Exam
  • Class participation

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

316

Intro to Cyber Law and Policy 2
  • JD elective
  • LLM-ICL (JD) elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing, option
  • IntllLLM IP Cert
  • PIPS elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages

This course will provide an introduction to the dynamic and evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors. The goal is to introduce students to the legal and policy frameworks that guide lawyers and decision-makers in a world of rapid technological change, with a primary emphasis on cybersecurity and privacy. We will discuss today’s threat landscape and approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare. We will also consider the legal and policy issues surrounding the collection and use of personal data, with a focus on both domestic and international data privacy protections. Other topics will also be explored, such as the impact of emerging technologies and markets (e.g., machine learning, digital currencies, platform media) and the ethical responsibilities of lawyers. Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time.   This course is introductory in nature and no technical background is necessary.

Note: Students who have taken Law 609, Readings in Cyber Law with Stansbury, may not take Law 316, Intro to Cyber Law. 

321

The Law and Policy of Innovation: the Life Sciences 3
  • JD SRWP
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • 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
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntllLLM IP Cert
  • Fall 20
  • Spring 22
  • Fall 22
  • Spring 24
  • Final Exam

This is a comprehensive course in copyright law. We will examine the legal rights that cover works of creative expression such as literature, music, film, photography, visual art, and software. The class will cover some of the fundamental pillars of the world of creative expression in which we all live—the economic and legal architecture of our culture. This is because copyright’s rules provide the economic incentives that influence our creative output as well as part of the legal framework that shapes our communications technology. The broad impact of copyright law means that it is of importance to a wide range of legal practice and not merely to the specialist. No technical background is needed.

331

Introduction to Privacy Law and Policy 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • Spring 24
  • Final Exam
  • Class participation

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

369

Patent Law and Policy 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM NVE Cert
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • Fall 20
  • Fall 21
  • Fall 22
  • Spring 24
  • 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.

390

Structuring and Regulating Financial Transactions 2
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • Spring 21
  • Spring 22
  • Spring 23
  • Spring 24
  • Final Exam

The principles applied in structuring financial products in the commercial context reflect a balance of the interests of corporate stakeholders and the rights of third parties. This course will examine these principles with the goal of equipping the student with a base of knowledge that would be readily applied in a finance practice of a commercial law firm. Focusing primarily on traditional syndicated debt finance and securitization transactions, we will examine evolving market conventions that influence debt terms, the rights and expectations of stakeholders in distressed situations and bankruptcy, and the regulatory and compliance structure governing the issuance of these obligations. As part of this process, we also will explore the structuring of letters of credit, derivative transactions, debtor-in-possession financing, and other related financial products.

393

Trademark Law and Unfair Competition 2
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntllLLM IP Cert
  • Fall 20
  • Spring 22
  • Spring 23
  • Fall 23
  • Final Exam

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

409

Entrepreneurship Immersion 1
  • LLM-LE (JD) elective
  • Summer 2018
  • Summer 2019

Entrepreneurship Immersion provides students with concentrated exposure to the legal, business and regulatory aspects of early-stage company formation. The class takes place in the summer before 2L year for all JD/LLMLE students. The practical application of entrepreneurial skills is paired with classroom instruction each day in the range of business and legal issues likely to be encountered by practitioners. The course addresses the major areas each start-up must consider, from the various perspectives of company founders, investors, customers, and lawyers who represent each constituency.

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
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Spring 23
  • Spring 24
  • 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 working with nonprofit organizations with practical skills training in many of the core skills required in any transactional legal practice, including interviewing, counseling, drafting and negotiation. Under the supervision of the clinical faculty, students will represent low-income entrepreneurs, as well as a wide variety of nonprofit organizations engaged in community development activities. In their cases, students will have the opportunity to work on a wide variety of legal matters for their clients. These may include entity formation (both for-profit and nonprofit); obtaining tax-exempt status for nonprofit clients and providing ongoing tax compliance counseling; negotiating and drafting contracts; and representing clients in community development transactions. All enrolled students will be required to provide a minimum of 100 hours of legal work per semester and to participate in weekly group training meetings.

Clinics Enrollment Policy

Important:

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

Ethics Requirement

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

428

Advanced Community Enterprise Clinic 2
  • JD elective
  • LLM-LE (JD) elective
  • PIPS elective
  • PIPS experiential
  • Spring 21
  • 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.

441

Start-Up Ventures Clinic 4
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  • PIPS experiential
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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

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

Important:

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

Ethics Requirement

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

441A

Advanced Start-Up Ventures Clinic
  • JD elective
  • LLM-LE (JD) elective
  • PIPS elective
  • PIPS experiential
  • Spring 21
  • Fall 20
  • Fall 21
  • Spring 22
  • Spring 23
  • Fall 23
  • Spring 24
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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

460

Negotiation for Lawyers 3
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • IntlLLM NVE Cert
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing, option
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • 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.  Over the course of the semester, in addition to in-person exercises, you will have opportunities to negotiate by email, telephone, and videoconference, and to evaluate the pros and cons of each so you understand how to select the most appropriate medium given the particular parties and circumstances.  Through this process, you will not only gain insight into your own negotiation style, you will develop the toolkit you need to approach each new negotiation with confidence. 

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

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

 

465

Patent Claim Drafting and Foundations of Patent Strategy 1
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntllLLM IP Cert
  • Spring 22
  • Spring 24
  • Practical exercises
  • Class participation

Scope of patent protection is controlled by definitions of the invention known as patent claims. The role of intellectual property protection in the economy has caused attention to be given to the precision of claim drafting. Focus on skills used in patent claim writing across a variety of technical fields and developed through exercises, problems, and competitions. Discussions of client counseling and patent application drafting in conjunction with the skill-oriented sessions provide a background in the practical issues that control the approaches taken to claim writing, as well as a basis for discussion during particular problems. This course is especially useful for students interested in patent preparation, prosecution, and litigation, or corporate law involving intellectual property transaction.

Students are required to attend the first class in order to remain enrolled in it.

476

Ethical Technology Practicum 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntllLLM IP Cert
  • Spring 22
  • Fall 22
  • Spring 23
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation

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

525

Artificial Intelligence Law and Policy 2
  • JD SRWP
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntlLLM writing
  • IntllLLM IP Cert
  • IntlLLM NVE Cert
  • Spring 22
  • Research paper, 30 pages
  • Oral presentation
  • Class participation

Artificial intelligence is on a tremendous growth trajectory and is being developed, adopted and used for many purposes throughout society.  From a legal and policy perspective, AI presents many interesting and complex issues because the technological developments have greatly outpaced the legal, ethical, and policy developments.  One of the important questions centers on what legal and policy frameworks and practices are appropriate to build an ecosystem of trust that will help ensure citizens and other stakeholders that artificial intelligence will benefit them and is being developed and deployed in an ethical, safe, reliable and responsible manner (the “Legal and Policy Framework Question”).  Policymakers and other stakeholders around the globe are grappling with this Legal and Policy Framework Question.  As the discussions unfold, organizations also are designing their own practices for operationalizing trustworthy or ethical artificial intelligence.

The goal of the seminar is to give students a foundation in the emerging AI laws and policies and insight on the broader process of how laws and policies need to adapt for significant technological changes.  This seminar will explore in detail several approaches currently being considered to answer the Legal and Policy Framework Question, including regulatory approaches, standards, soft law, and self-regulation. As the students study various approaches, they will be asked to consider several sub-questions, such as (a) how the AI legal and policy framework should be calibrated to address risk, (b) the extent to which the framework should be sector specific or apply across industries, (c) which frameworks enable society to capitalize on AI’s benefits and mitigate potential risks, and (d) what is the optimal level of cross-border harmonization and how best to achieve it.   The course also will explore certain other legal issues arising in connection with AI, such antitrust and competition law and intellectual property and proprietary rights matters.

530

Entertainment Law 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM-SJD-EXC elective
  • IntllLLM IP Cert
  • Spring 23
  • Spring 24
  • Project(s)
  • Class participation

Law 530 (“Introduction to Entertainment Law”) introduces students to the practical aspects of working as a lawyer in the entertainment industry.  The course explores the legal issues encountered in the production, marketing and distribution of literary, musical and artistic properties and the negotiation and drafting of related contracts, to provide a comprehensive, “nuts and bolts” introduction to working as an entertainment lawyer.  The course focuses on learning practical legal and business skills such as dealmaking, drafting and negotiating financing, development, production and distribution agreements in the motion picture and television industry, as well as management and agency agreements, live performance agreements, and highlights technology and digital media concerns.  Law 530 will also examine current disputes and litigations that affect the entertainment industry, how intellectual property rights are acquired and transferred, and how relationships within the entertainment industry are structured. The goal of this course is for students to gain knowledge of the types of contracts that are negotiated within the industry, and to apply traditional legal principles of intellectual property, contract law, media law, and labor law to entertainment industry-specific agreements and/or disputes.  The final course grade will be based on (i) class attendance and participation (25%), (ii) drafting and negotiating assignments (50%), and (iii) a final project, which will include an oral presentation and a written project on a specific legal issue related to the entertainment Industry (25%).

534

Advising the Entrepreneurial Client 3
  • LLM-LE (JD) elective
    • Group project(s)
    • Practical exercises
    • Class participation
    • Other

    The goal of Advising the Entrepreneurial Client is to prepare students to assist in the representation of a start-up venture/angel backed company. This course takes students through the legal issues likely to present themselves in the lifecycle of a typical technology company from inception/incorporation through acquisition (the typical liquidity event). Advising the Entrepreneurial Client exposes students to the types of issues, questions and documentation that they encounter and the lawyering skills that they need as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations.

    Students are graded on class participation, weekly group homework, and three major drafting assignments.

    Class is open to students pursuing the LLM in Law & Entrepreneurship.  Students not in this program should consider Law 540: Startup Law: Representing the Company.

    541

    Nonprofit Organizations 3
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • 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.

    550

    Legal Issues of Cybersecurity and Data Breach Response 2
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • IntlLLM NVE Cert
    • IntlLLM-SJD-EXC elective
    • IntllLLM IP Cert
    • PIPS elective
    • Fall 20
    • Fall 21
    • 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.

    581

    Blockchain, Fintech Law and Policy 2
    • JD SRWP, option
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • IntlLLM Business Cert
    • Fall 20
    • Spring 22
    • Spring 23
    • Spring 24
    • Research paper, 25+ pages
    • Class participation
    Updated: November 12, 2021

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

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

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

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

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

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

    592

    Frontier AI & Robotics: Law & Ethics 3
    • JD SRWP, option
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • IntlLLM NVE Cert
    • Fall 20
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Reflective Writing
    • Research and/or analytical paper(s), 20+ pages
    • In-class exercise
    • Class participation

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

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

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

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

    745

    Trade Secrecy: Doctrine, Policy, Frontier Issues 2
    • JD SRWP, option
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM writing
    • IntllLLM IP Cert
    • Spring 23
    • Research paper, 25+ pages
    • Research paper option, 25+ pages
    • Oral presentation
    • Class participation

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

    754

    IP Transactions 2
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • Final Exam
    • Class participation

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

    755

    Data Governance and Data Sharing 2
    • JD SRWP, option
    • JD elective
    • LLM-ICL (JD) elective
    • LLM-LE (JD) elective
    • IntlLLM writing
    • IntllLLM IP Cert
    • Spring 23
    • Research paper option, 25+ pages
    • Class participation

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

    769

    Design Law 2
    • JD SRWP, option
    • LLM-LE (JD) elective
    • IntlLLM writing
    • IntllLLM IP Cert
    • Spring 23
    • Spring 24
    • Research paper, 25+ pages
    • Research and/or analytical paper(s), 5-10 pages

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

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

    786

    Media Law 2
    • JD elective
    • LLM-LE (JD) elective
    • IntlLLM-SJD-EXC elective
    • IntllLLM IP Cert
    • Fall 20
    • Fall 23
    • Simulated Writing, Litigation
    • Class participation

    Today, thanks to the internet, everyone is a publisher. This class will examine the regulation of communications media, including newspapers, broadcast media, social media, and internet content generally. It will survey the First Amendment principles underpinning protection for speech and address current events and ongoing debates about the media, including “fake news,” blockbuster defamation cases, and social media content moderation. This class will also cover topics specific to the practice of media lawyers, such as pre-publication review, prior restraints on speech, defending subpoenas, reporters’ privilege, and access to information. Students will be assessed on their completion of three written projects.

    Course Credits

    Semester

    JD Course of Study

    JD/LLM in International & Comparative Law

    JD/LLM in Law & Entrepreneurship

    International LLM - 1 year

    Certificate in Public interest and Public Service Law

    Areas of Study & Practice