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 filters148 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

110

Civil Procedure 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam
  • Class participation

A consideration of the basic problems of civil procedure designed to acquaint students with the fundamental stages and concerns of litigation, e.g., jurisdiction, pleading, discovery, trial, choice of law, and multiparty actions. In addition, this course will highlight a number of specialized topics including the role of juries in deciding civil disputes, the ethical responsibilities of the litigation attorney, and the development of alternative dispute resolution systems. At several points, this course will focus on an analysis of the procedural system's operations as revealed through empirical studies.

130

Contracts 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Fall 18
  3. Spring 19
  4. Fall 19
  • Final Exam
  • Class participation

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

180

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

An analysis of liability for personal injuries and injuries to property. The law of negligence occupies a central place in the course content, but this course also considers other aspects of tort liability such as strict liability, liability of producers and sellers of products, nuisance, liability for defamation and invasion of privacy, and commercial torts. The subjects of causation, damages, insurance (including automobile no-fault compensation systems), and workmen's compensation are also included.

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.

202

Art Law 2
  • JD SRWP, option
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Spring 18
  2. Spring 19
  3. Fall 19
  • Final Exam, option
  • Research paper option, 25+ pages
  • Class participation

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

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

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

203

Business Strategy for Lawyers 3
  • JD elective
  • LLM-LE (JD) required
  • LLMLE (1 yr) required
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Final Exam
  • Midterm
  • Group project(s)
  • Class participation

This course presents the fundamentals of business strategy to a legal audience. The class sessions include traditional lectures and business-school case discussions. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected for both their business strategy content and their legal interest. General counsels from a variety of companies will guest lecture on the role of the GC in the strategy of the company.

The course is designed to introduce a wide variety of modern strategy frameworks and methodologies, including methods for assessing the strength of competition, for understanding
relative bargaining power, for anticipating competitors' actions, for analyzing cost and value structures and their relevance to competition, and for assessing potential changes in the scope of the firm (diversification and vertical integration). Basic mastery of these tools has relevance to everyone seeking a career in business or those advising business managers or executives.

Students enrolled in Business Strategy must (a)have previously taken or be concurrently enrolled in Analytical Methods OR (b) have taken an undergraduate course in economics. Students that currently hold an MBA or enrolled in the JD-MBA program may not take this course. THIS IS A FAST TRACK COURSE.

205

Antitrust 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Final Exam

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

A final exam will be offered.

206

International Arbitration 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 20
  • Final Exam

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

207

Sports and the Law 3
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

Sports occupies a central place in modern society. It constitutes a significant sector in the economy and an important form of cultural expression. This course examines the legal relations among the various parties in sports at both the professional and amateur levels. Particular attention will be given to the importance given to the maintenance of competitive balance and its impact on traditional notions of competition that apply in other business settings. Contracts law, antitrust law, and labor law provide the essential core for the investigation of issues in this course. In addition, this course seeks to provide an informed perspective on the financial and business structures that define the industry.

210

Business Associations 4
  • JD elective
  • LLM-LE (JD) required
  • IntlLLM NY Bar
  • IntlLLM Business Cert
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Final Exam

This course surveys the law providing ground rules for the organization, internal governance, and financing of corporations and other forms of business associations such as partnerships and limited liability companies. Topics include limited liability, fiduciary duties, shareholder voting, derivative suits, control transactions, mergers and acquisitions, public contests, and trading. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on business associations, among others.

215

Commercial Transactions 4
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 19
  2. Spring 20
  • Final Exam

A study of basic policy choices made in the structuring of the law governing consumer and commercial transactions. The course serves as an overview of the role of debt in US society, especially consumer debt. This course looks at common debt arrangements, bankruptcy, and secured lending, both for personal property and for real property (mortgages). Particular attention is given to the lessons learned, and not learned, in the recent mortgage crisis. The course weaves discussions of major policy issues on excessive consumer and student debt with the substantive rules that define how debt arrangements are structured and then resolved, as in bankruptcy. Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law.

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.

237

Ethics of Social Justice Lawyering 2
  • JD elective
  • JD ethics
  • IntlLLM/SJD/EXC elective
  • IntlLLM NY Bar
  • PIPS elective
  1. Fall 17
  • Final Exam
  • Class participation

This course examines Professional Responsibility as it applies to representing poor and/or underrepresented clients (in criminal and civil cases), as well as to lawyering for social justice causes, through impact litigation and other means. We will explore the substantive law of Professional Responsibility, focusing on ethical challenges frequently encountered in social justice representation (e.g., representing clients who are uneducated or culturally different than the attorney, practicing with limited resources in an environment of many unmet legal needs, defining who the client is when representing a group or cause, and the tensions created when the requirements of Professional Responsibility are at odds with the attorney's personal morality or vision of social justice).  While we will work mostly from the ABA Model Rules of Professional Conduct, required reading will also include scholarship on the unique ethical and moral dilemmas of social justice lawyers, and students will be encouraged to think critically about the rules of Professional Responsibility and their application in social justice contexts.  Throughout the course, we will consider and practice the lawyering skills needed to ethically represent clients and social causes, through in-class resolution of hypotheticals and experiential learning, such as simulations or role-playing.   Several practicing, social-justice attorneys will join us to guest-speak.

238

Ethics and the Law of Lawyering 2
  • JD elective
  • JD ethics
  • 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

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

 

239

Ethics and the Law of Lawyering in Civil Litigation 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Spring 20
  2. Spring 19
  • Final Exam
  • Practical exercises

This course examines the principles of legal ethics and professionalism. Our focus will be on identifying and responding to the key issues faced by a civil litigator, and on the model rules of professional conduct, case law, and ethics opinions that a lawyer must consider in resolving such issues. Topics include the formation and termination of the attorney client relationship, conflicts of interest, and communications with the court and opposing counsel through the discovery and trial process. We will examine the balancing of the duty of advocacy with the duty to the administration of justice. We will also explore issues such as admissions, discipline, and common law firm associate dilemmas such as billing and changing law firms. During the semester, students will prepare two short (3-5 pp) memoranda. There will also be an open book in-class exam at the end of the semester.

244

The Business and Economics of Law Firms 1
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Reflective Writing
  • Group project(s)
  • Practical exercises
  • Class participation

This course will provide students with an enhanced and vital understanding of law firms as business entities in a competitive and global market. Based on feedback from employers, interviews with hundreds of lawyers and published accounts from law firm leaders, it is clear that technical legal ability will be necessary but not sufficient to excel in the practice of law or any business endeavor in coming decades. The topics will be explored through the review and analysis of literature, statutes, and case studies, and will include a basic financial analysis of the operations of law firms. Assignments will be collaborative and will simulate the client advisory process allowing students to gain experience providing legal advice and business recommendations. Associate Dean and Senior Lecturing Fellows Bruce Elvin and George Krouse '70 will lead, teach and organize the seminar, with senior law and business leaders serving as guest lecturers many weeks.

245

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

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases.

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.

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.

260

Financial Accounting 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

Many attorneys are required to evaluate financial data, notably financial statements from corporations, on a regular basis. The need is not limited to corporate attorneys; indeed litigators in securities, antitrust, malpractice, or general commercial litigation frequently must analyze financial information. This course serves to both introduce basic accounting principles and practices and their relationship to the law, as well as to study a number of contemporary accounting problems relating to financial disclosure and the accountant's professional responsibility. Students with accounting degrees, MBAs or who have taken more than a couple of accounting courses are not permitted to enroll. Also, Business Essentials may not be taken concurrently with this course.

287

Principles of Commercial and Bankruptcy Law 4
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. The course will start with a brief overview of the more innovative aspects of sales law, and then will introduce such basic commercial law concepts as letters of credit, documents of title, and negotiable instruments.

The course then will focus on secured transactions under Article 9 of the Uniform Commercial Code, including the concepts of security interests, collateral, perfection and priority, and foreclosure. That will bring in the natural interplay with such bankruptcy law concepts as property of a bankrupt debtor's estate, automatic stay of a foreclosure action, use by a debtor of property subject to a security interest, adequate protection of the secured party's interest, rejection of executory contracts, bankruptcy trustee's avoiding powers, preferences, fraudulent conveyances, postpetition effect of a security interest, set-offs, and subordination. The course also introduces principles of international insolvency and bankruptcy.

Commercial Transactions and Principles of Commercial and Bankruptcy Law have a substantial overlap, and enrollment in one precludes enrollment in the other. The courses differ in their relative emphasis on bankruptcy law. This course (Principles) is intended to give a solid, conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice.

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.

290

Remedies 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Class participation

This course examines the powers and limits of the law to right those who have been wronged. We will cover different forms of remedies—including money damages, injunctions, and declaratory judgments. We will also explore ancillary remedies or enforcement mechanisms, such as the power of courts to hold parties in contempt. The course spans both private and public law contexts, with specific case studies ranging from school desegregation to the September 11th Victim Compensation Fund. Ultimately, the goal of the course is to provide an understanding of how the law responds to transgressions of substantive law, and also to provide a richer account of the power of our legal institutions more generally.

302

Appeals 2
  • JD SRWP
  • JD elective
  • PIPS elective
  1. Spring 20
  • Research paper, 25+ pages

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

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

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

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

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.

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.

 

315

Complex Civil Litigation 3
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Oral presentation
  • In-class exercise

This is an advanced civil procedure class taught in the Moot Courtroom for those interested in large scale litigation, with an emphasis on practical application and stand-up courtroom 3-minute "mini- oral arguments" on many of the key cases. The course will focus on the problems of large multi-party and multi-forum civil cases and how courts and litigants deal with them. Coverage will include the practical steps litigators need to take as well as decision points at the outset of litigation, joinder devices, especially (but not only) class actions; federal multi-district transfer and consolidation; litigation over the appropriate federal or state forum, coordination among counsel in multi-party cases, ethical issues, big-case discovery problems; ad hoc federal-state litigation coordination; judicial case management techniques and issues; and ways of accelerating or terminating potentially or actually protracted cases, including settlement, alternative dispute resolution, representative trials, mini-trials and claims processing facilities.

319

Analytical Methods 2
  • JD elective
  • LLM-LE (JD) required
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 19
  2. Fall 17
  3. Fall 18
  4. Spring 19
  • Final Exam
  • Practical exercises
  • Class participation

Lawyers face non-legal, analytical issues every day. Business lawyers need to understand a business in order to represent their client properly. Litigators need to judge the best route in adopting a litigation strategy. Family lawyers routinely need to value a business. Environmental lawyers need to understand economic externalities. Social lawyers need familiarity with financial instruments that have positive and negative attributes. Students taking this course will find it foundational in running a business, advising a business, or litigating business matters that go beyond the strict letter of the law. In this sense, this is not your standard doctrinal law school course. Rather, it is designed to give students the tools necessary to interact with the business community and run a company or firm. While there is no prerequisite for this course, students should be comfortable with numbers and graphs.

The areas of focus include:

  1. Decision Analysis, Games and Information: We will explore a standard technique that has been developed to organize thinking about decision-making problems and to solve them.
  2. Accounting: Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.
  3. Microeconomics: This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.
  4. Statistics: We will address the basic statistical methods, including regression analysis, as well as issues that commonly arise when statistics are used in the courtroom.

The course grade will be made up of (roughly) weekly problem sets, and a final examination.

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
  • IntlLLM writing, option
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  1. Spring 20
  2. Spring 18
  3. Spring 19
  • 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.

323

Bankruptcy and Corporate Reorganization 2
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 19
  2. Spring 20
  • Final Exam

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

The subject will be covered primarily from two perspectives: that of supervision of a debtor by the bankruptcy court and that of the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its ability to secure a fresh start through a plan of reorganization.


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

324

Corporate Restructuring 3
  • JD elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 20
  2. Spring 18
  3. Spring 19
  • Group project(s)
  • Practical exercises
  • Class participation

This cross-listed, interdisciplinary course is built around several important themes that are part of almost every corporate restructuring: Valuation, Governance, the Law, and associated Strategic considerations. The first half of the course establishes a framework and tools to consider healthy company valuation and restructuring; the second half emphasizes distressed restructuring and reorganization. The course prepares professionals in business and law to assess a wide variety of situations, including mergers, acquisitions, divestitures, sales, leveraged buyouts, activist investors, bankruptcies, liquidations, reorganizations (both healthy and distressed), and in-court and out-of-court negotiation. Prerequisite: Law students must have taken Law 210, Business Associations, and Law 325, Corporate Finance, in order to enroll in this course.  In addition, Law students should note that the course meets on the Fuqua half-semester schedule, which begins in mid-March and ends in late April.  Law students will be expected to attend and fully participate in class during the Law School reading and exam period.

325

Corporate Finance 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Practical exercises

This course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has blurred. Whether negotiating a merger agreement, acquisition, or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side-by-side. Lawyers without an appreciation of the basics of corporate finance are at a distinct disadvantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages. Even students who do not plan to venture into the corporate world will benefit from this course. The financial principles covered are essential for lawyers intending to do estate or tax planning, litigate divorces, or draft the compensation agreements for business entities of all types.
Topics include: the time value of money; the relation between risk and return; the workings and efficiency of capital markets; behavioral finance; valuing perpetuities and annuities; valuing corporate securities (stock, bonds, and options); valuing businesses as a going concern; optimal capital structure and dividend policies; debt covenants and other lender protections; basic financial accounting; derivatives; and the application of these principles to legal practice.

326

Corporate Taxation 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Class participation

A study of the provisions of the Internal Revenue code governing the tax effects of the major events that occur in the life span of a corporation, including the taxation of distributions to shareholders and the formation, reorganization, and liquidation of corporations.

No papers are required, but class participation is expected. Students interested in taxation should take this course; it also has application to general corporate practice (mergers and acquisitions).

It is strongly recommended that students take Business Associations before taking Corporate Taxation.

328

International Debt Finance (and Sovereign Debt Crises) 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20

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

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

332

Coded Governance: Blockchains, Smart Contracts, and Cryptoventures 2
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  1. Spring 20
  • Reflective Writing
  • Research and/or analytical paper(s), 5-10 pages
  • Oral presentation
  • Practical exercises
  • Class participation

This course examines distributed ledger/blockchain technologies and computational law, and the related evolving regulatory environment. Topics covered include cryptocurrency use and regulation, legal forensic analysis of tokens, ethereum-based smart contract governance frameworks, patent strategy, and the professional responsibility considerations when working in a space that is popular, but not well understood. Students will learn about distributed ledger technologies and even get an introduction to programming a decentralized game. No previous programming experience is needed for this course, but a willingness to read and reread and discuss technical documentation and literature is essential. The course will conclude with a final packet of coursework for grading purposes.

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.

335

Private Equity and Hedge Funds 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 20
  2. Spring 18
  3. Spring 19
  • Final Exam

Course Description:  The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention, particularly since the global financial crisis.  Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality.  This course introduces private equity and hedge funds from the perspectives of finance, regulation, and legal practice, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise.  Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform.  Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.

Grading:  Grades will be based solely on a closed-book final examination.

Prerequisites:  Students must have completed or be concurrently enrolled in Business Associations or a similar introductory course on business organizational law/company law taken at another law school (whether in the U.S. or abroad).  Prior coursework in securities regulation and taxation may be useful, but is not required.

 

336

Mergers & Acquisitions: A Practitioner's Perspective 2
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

337

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

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

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.

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.

346

Intellectual Capital and Competitive Strategy 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  • IntlLLM Business Cert
  1. Spring 18

In the majority of industries—and especially in R&D intensive industries like computers, semiconductors, software and biotech—competitive advantage relies critically upon a firm's management of the knowledge and know-how underpinning its product and process innovation. This course will consider how firms should manage and protect this intellectual capital. We will examine the management of intellectual capital from the vantage point of different types of firms—from start-ups to large incumbents—operating in different market environments. We will consider how firms should protect their intellectual capital, using not only patents, but lead time advantages, complementary marketing and manufacturing capabilities and secrecy, and extract value from their intellectual capital through commercialization and licensing. We will also consider when firms should share their intellectual capital with other firms—even rivals, and how firms should go about acquiring the intellectual capital of others. Building upon the research literatures of economics, organizational behavior, management, and the law, the course will have particular focus on technology intensive industries such as pharmaceuticals, biotechnology, computers, semiconductors, software and telecommunications.


Strategy 339

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.

348

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

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

 

358

Structuring Venture Capital and Private Equity Transactions 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Group project(s)
  • Practical exercises
  • Class participation

In the world of venture capital and private equity, there is no difference between a good business person and a good lawyer. They both must know capitalization structure and law, and they both must know tax and accounting.

Many never achieve this mastery, and those who do only get there after many years of practice. This course helps the law and business student drive to the top of their game sooner and more effectively than their peers from other institutions.

The goal is to focus on the formation of deals. We look at the business reasons that parties come together, we look at the business reasons that deals fail to meet expectations, and we look at the business reasons that deals work. This is especially important in private equity and venture capital deals, where exit strategies have to be anticipated from the very outset of a deal.

360

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

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

361

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

International trade and the World Trade Organization attract a lot of attention and debate. Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians – even ones who purportedly support free markets – often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? In this course, we will examine why the WTO exists, how it developed from the GATT and how it fits in the international economic order (Part I). The course will offer you an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example on trade remedies (subsidies, anti-dumping and safeguards). From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases (Part II). It will conclude by examining U.S. trade law – particularly the widely-used trade remedies laws – and assessing not only the practice of international trade law in the United States, but also whether these laws actually achieve their supposed policy objectives (Part III). Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam.

371

Products Liability 2
  • JD SRWP with add-on credit
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  • Research and/or analytical paper(s), 10-15 pages
  • Practical exercises
  • Class participation

In a first-year torts course, it is possible only to scratch of the surface of products liability law’s history, substantive and procedural complexity, theoretical underpinnings, and policy implications. Given its intricacy, practical significance, and usefulness as a window into tort law more generally, products liability is an ideal subject for an upper-level torts course. This dedicated products liability course offers students the opportunity to delve more deeply into the thorny legal doctrines and problems of proof that arise in the practice of products liability law. The course also gives students the chance to revisit many issues of general importance to tort law, including: strict liability versus negligence as potential bases for recovery in tort; the allocation of liability among plaintiffs and multiple tortfeasors; the interaction between doctrines of liability and problems of proof; and the relationships among economic regulation, social insurance, the law of contracts, and the law of torts.

371W

Products Liability, Writing Credit 1
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  • Research paper, 25+ pages

While enrolled in LAW 371 Products Liability, students may submit a 30+ page significant research paper which would be eligible for satisfaction of the JD-ULWR.

379

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

The course will cover the tax consequences of organizing, operating, and liquidating entities including related issues taxed as partnerships.

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. 

393

Trademark Law and Unfair Competition 2
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Spring 20
  2. Fall 17
  3. Fall 18
  • Final Exam

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies. The course will cover the requirements for obtaining trademark protection (distinctiveness, use in commerce, special rules for trade dress, various bars to protection such as functionality), confusion-based infringement, secondary liability, trademark dilution, statutory and common law defenses, false advertising, and cybersquatting.

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

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

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

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

Classroom work consists of a day-long intensive training at the beginning of the semester as well as a weekly, two-hour seminar focusing on substantive law, lawyering skills, professionalism, the health care system, social safety net, social determinants of health, and health disparities. Students work closely with clinic instructors, and enjoy a uniquely supportive mentoring and coaching experience. Faculty prioritize each student’s professional development and encourage the development of a work-life balance that will be essential in law practice.

The course is offered for 4, 5, or 6 credits,

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.

405

Appellate Practice 3
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Spring 18
  4. Fall 18
  • Simulated Writing, Litigation

Please note: This course is offered only in the fall.  And those wishing to drop the course must do so within three days after the first class. 

The course introduces students to appellate advocacy and the appellate process. Students learn about strategies for effective appellate advocacy and refine their advocacy skills while briefing and orally arguing a case to an appellate judge. The central projects entail each student briefing one side of a case (researching and writing) and presenting oral argument for that side, with each student’s brief and oral argument reviewed by an appellate judge. This works as follows.  The entire class will be assigned the same case. Half the class will be assigned to represent the appellant and the other half will be assigned to represent the appellee. Each student will be paired against a student from the opposing side for briefing and oral argument. The class will have a briefing schedule with firm deadlines (deadlines coordinated with the appellate judges). Each student assigned to the appellant side will file an opening brief (the deadline for opening briefs historically has been in the second or third week of October, depending on when oral arguments are held); then each student assigned to the appellee side will file a brief responding to the paired student’s opening brief (that deadline is about a week after the opening brief deadline); then each appellant will file a reply brief (the reply deadline is about a week after the appellee’s deadline and historically has been around the very end of October or early November). Historically in this course the briefing volume limits have been set so that each student has been allotted no more than 10,000 words (a volume limit substantially lower than the limits prescribed by the Federal Rules of Appellate Procedure), which amounts to less than 35 pages in double-spaced 12-pt Times New Roman.  Oral arguments occur in mid-November, before Thanksgiving.  Each student meets (after oral argument) one-on-one with the judge who reviewed that student’s brief and argument.

 

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.

409

Entrepreneurship Immersion 4
  • JD experiential
  • LLM-LE (JD) elective
  1. Summer 2017
  2. Summer 2018
  3. Summer 2019

Entrepreneurship Immersion provides students with concentrated exposure to the legal, business and regulatory aspects of early-stage company formation. In partnership with Duke in Silicon Valley, 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.

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.

420

Trial Practice 3
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  2. Spring 18
  3. Spring 19

This is the basic trial skills course covering Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. In sections of 12 students per section, students prepare and perform the various skills using simulated problems and case files. After each performance, students receive constructive comments from faculty members who are also experienced trial lawyers. Students also get videotapes of their performances. The course ends with a full jury trial of a civil or criminal case with teams of two students on each side. At the end of the trial, the jury deliberates and students are able to watch the jury as it deliberates.

421

Pre-Trial Litigation 2
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Practical exercises
  • In-class exercise
  • Class participation

This course focuses on the path litigators must navigate prior to trial. It is becoming increasingly rare for cases to be decided by a jury; lawyers must learn to win in the pretrial process. We will explore the key components of the pretrial process, beginning with the filing of a law suit. This course provides an opportunity for students to synthesize their knowledge in procedure, evidence and advocacy. Topics include:

  • Drafting pleadings
  • Taking and defending depositions
  • Creating and responding to discovery
  • Planning strategy and motions

The course grade is based on classroom participation, performance and written work. There is not a final exam.

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).

429

Civil Justice 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
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This clinic will develop and hone civil litigation skills in the context of working on actual cases taken in directly by the CJC or working in association with the Durham and Raleigh offices of Legal Aid of North Carolina and with the North Carolina Office of Administrative Hearings. Cases will focus on vindicating the rights of impoverished individuals or groups who cannot otherwise adequately find justice in the civil courts. Students will be directly supervised by the Clinic Director and/or Supervising Attorney and/or Legal Aid attorneys. Cases may include prosecuting sub-code housing claims, defense of eviction claims, prosecuting unfair trade practice claims, administrative hearing appeals for the revocation of licenses/certifications, and a variety of other matters. Initial classroom training in the various stages of civil litigation will be conducted by the Clinic Director and Supervising Attorney, followed by weekly individual or group training sessions. Skill development will include interviewing clients/witnesses, review of relevant documents/discovery, assessment of cases, drafting of pleadings, drafting of discovery, taking of depositions, recognition of ethics issues, and actual court or agency appearances. All enrolled students will be required to provide a minimum of 100 hours of client legal work per semester as well as to participate in the weekly class and training sessions. Students must be in at least their fourth semester of law school to enroll in the clinic. Courses in Evidence and/or Trial Practice are recommended but not required as prerequisites or corequisites.

Important:

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

Ethics Requirement

Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Civil 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).

431

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

Variable Units: 1-2 credits

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
  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

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.

Law Tech Focus: Some enrolled students will have the option of spending a portion of their clinic time working on legal technology projects in association with the Duke Law Center on Law & Technology, including (1) working with the Duke Law Tech Lab, a pre-accelerator program for legal technologies and (2) building real legal tech tools to serve entrepreneurs.

Important:

    • In order to be eligible to enroll in the Clinic, you must have successfully completed at least three semesters of Law School and meet the Ethics Requirement. 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 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. 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).

441A

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

The Advanced Start-Up Ventures Clinic will represent a range of early-stage ventures on a variety of matters related to the start-up process.

445

Immigrant Rights Clinic 4-6
  • JD elective
  • JD experiential
  • PIPS experiential
  1. Spring 20
  • Reflective Writing
  • Live-client representation and case management

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

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

Ethics Requirement

J.D. students are required to have instruction in the Model Rules of Professional Conduct prior to participating in a clinic or an externship (see Clinics Enrollment Policy).  The following courses fulfill this prerequisite:

Ethics in Civil Litigation (LAW 239)     
Law of Lawyering:  Ethics of Social Justice Representation (LAW 237);
Criminal Justice Ethics (LAW 317)
The Law of Lawyering (LAW 238)
Ethics in Action (LAW 539). 

This prerequisite does not apply to LL.M. students.

460

Negotiation for Lawyers 3
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  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.

 

465

Patent Claim Drafting and Foundations of Patent Strategy 1
  • JD elective
  • JD experiential
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Spring 19

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.

470

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

This course provides an introduction to the relationship between law and poverty, including the relevance of legal doctrine, policy and practice to the significant inequality in income, assets and basic social goods impacting tens of millions of people in the United States.

We will begin by considering historical and contemporary trends in domestic poverty, U.S. social welfare policy, the legal framework under which poverty-related claims have been adjudicated, and the role of lawyers in combatting poverty.

Grounded in poverty data, policy arguments, legal doctrine and practice, we will explore modern government anti-poverty programs and issues such as welfare, work, housing, health, education and criminalization.

We will conclude by considering non-governmental approaches to combating poverty, including market-based solutions and international human rights, with an emphasis on the role of law, lawyers and legal institutions in such efforts.

Drawing on the rich expertise of those in Durham and beyond, we will occasionally be joined by guest speakers. The primary textbook for the course is Poverty Law, Policy and Practice (Aspen/Wolters Kluwer, 2014).

471

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

SciReg Lab teaches students about the use of emerging science and technology in the regulatory agencies through the drafting and submission of comments to federal rule-makings. The comments will be unaligned with any party and are intended to provide the regulatory agencies with unbiased, current, accurate and coherent information about the science underlying the proposed rule. 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, 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 select proceedings in which to file a comment. A background is science is recommended, but not required.

472

Amicus Lab 2
  • JD elective
  • PIPS elective
  1. Fall 19
  • Simulated Writing, Litigation
  • Group project(s)

A wide range of cases raise novel scientific issues, which judges can struggle to resolve. One way to provide courts with independent information and insight regarding complex scientific issues is through the filing friend of the court, or amicus curiae briefs. The purpose of the Amicus Lab is to teach students about the use of emerging science and technology in the courts through the drafting and submission of such amicus briefs.  We will submit a number of amicus briefs to state and federal appellate courts and the US Supreme Court, in cases where independent expert views could play a useful role. These amicus briefs will be unaligned with any party and are intended to provide the court with unbiased, current, and coherent information about the scientific issue in the case. 

Our cases for Fall 2019 include:

Garner v. Colorado. We have already filed an amicus brief to the U.S. Supreme Court in support of cert.  If cert. is granted, we will work this Fall on a merits amicus brief.  Defendant-Petitioner James Joseph Garner was identified in court by eyewitnesses while he sat at counsel’s table with his two female defense attorneys, readily identifiable as the defendant in the relevant proceedings. The evidence against Garner consisted entirely of testimony by the three eyewitnesses, each of whom had earlier failed to identify Garner from a photo array, and instead identified Garner for the first time in court. We argue that the Colorado Supreme Court ruling affirming the use of this evidence, neglected the central rationale for carefully scrutinizing suspect identification procedures—their manifest unreliability.

Bryan v. State.  This case is pending before the Texas and involves blood-spatter analysis. Bryan was twice convicted of murder of his wife, largely based on forensic evidence. The forensic expert has admitted that his conclusions were wrong.  Our brief will detail the scientific flaws in the blood spatter testimony at Bryan’s trials and the problems with the use of such methods.  Propublica has published an in-depth series, “Blood will Tell,” on this case.

Penuelas v. State.  This case, on appeal before the California Supreme Court, involves a challenge to a dog sniff identification. After the defendant had been interrogated for several hours, detectives walked him outside to create a path with his scent. At the end of this trail, he and the Detective sat at a picnic table. When the dog reached the table, she stopped trailing and jumped up near Penuelas, ostensibly identifying him as the killer. This type of dog scent procedure – known as a station identification – has been criticized as a scientifically untested, unreliable, and used by only a few outlier police agencies.

Parks v. State.  This North Carolina case appeals pathologist testimony regarding blood observed at a the defendant’s home.  The examiner testified, speculating based on photographs and no research or examination,  that the blood stain indicated that a death occurred there.  The Court, in conducting a Daubert review, asked the expert whether the testimony was  “based on any type of peer review authorized formulas, extrapolations or anything that can be objectively quantified and tested” and the expert agreed it was not. The expert explained she “did the test of thinking about this case.”

We will meet weekly at a time convenient for all of the students in the lab. Students will initially focus upon the preparation of background memoranda on the selected scientific issues. These memoranda will be used to develop draft amicus briefs over the course of the semester. No scientific background is required, but it would be helpful, as would the basic Evidence course.

480

Mediation Advocacy 3
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS experiential
  1. Spring 20
  • Simulated Writing, Transactional
  • Simulated Writing, Litigation
  • Reflective Writing
  • Practical exercises
  • Class participation

With mediation now a required step in a litigated case in most state and federal courts, and a preferred approach to conflict resolution in many parts of the world, it is a process that every litigator will no doubt use in practice.  In this advanced experiential seminar, we will explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client.  The majority of class sessions will be dedicated to group exercises and simulated mediations in which we build upon the techniques learned in Negotiation to equip you with skills that will be invaluable whether you want to mediate, represent clients effectively in mediation, or simply be a better negotiator.  You will also have the opportunity to practice persuasive writing as you draft pre-mediation statements, and will learn the essential elements of drafting agreements memorializing your settlements.  By engaging in all phases of the mediation process, you will not only improve your social and emotional competence, you will develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation.

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).

500

Arbitration: Law and Practice 3
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation

This course will examine the substantive law of arbitration during the first half of the term using excerpts from the textbook Arbitration: Cases and Materials by Huber & Weston (3rd Edition, 2011, LexisNexis) and focus thereafter on the development of practical skills for conducting an arbitration presentation. The class will be limited to a maximum of 18 students.   Grading will be based upon class participation, the submission of written arbitration brief, and the oral presentations of arbitration arguments/evidence.

It is anticipated that students will be offered a choice among three or four arbitration problems from which they will pick one problem for briefing and oral presentation. Some problems are susceptible to being handled by teams for claimant and respondent, while others can be handled individually. The problems may deal with such diverse claims as construction, medical malpractice, and employment discrimination, among others. At least one problem available for selection will address international commercial arbitration issues, taken from the current problem being used for the Willem Vis Arbitration Moot, which is an international law school competition

501

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

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

502

Forensics Litigation 1.5
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Fall 19
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation

Forensic evidence, from DNA to fingerprints to ballistics, has never been more important in criminal cases.  However, litigating scientific evidence in the courtroom is not like it appears on TV shows like CSI—it is challenging and requires some specialized skills.  We are excited to offer a new short course to provide those skills—by the end of the course you will be able to handle sophisticated scientific evidence in the courtroom.  While the focus is on forensics used in criminal cases, many of the same principles and skills apply when litigating scientific evidence in any type of case.  The course will be a practicum: a scientific evidence trial advocacy course. We will begin with introductory lectures both on forensics and how to prepare for trial, so that students will be fully ready for their parts in a final eight-hour day of simulations.  During the simulations, the “prosecutors” will first interview their forensic experts (one of your instructors), and talk to them about their case file documents, which are taken from real cases.  The class will break into groups to brainstorm potential motions to exclude expert testimony or limit language and discuss collectively as a class, both sides will conduct mock trials with direct and cross-examination of forensic experts before a judge, and finally, we will conduct closings.  We will stop in between each session to exchange feedback and talk about what worked and what did not.  Each student will have a chance to present in these simulations.  The course will also be to open to a select group of experienced practicing criminal lawyers who will collaborate with students throughout the simulations.  Students will be graded on a memo written reflecting on their portion of the trial; their draft questions finalizing their planned questions; and on their participation and oral advocacy in the simulations.  While having taken evidence or trial advocacy is helpful, it is not a prerequisite.

 

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.

515

Contract Drafting for the Finance Lawyer 2
  • JD elective
  • JD experiential
  • 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
  • Practical exercises
  • In-class exercise
  • Class participation
  • Variable by section

Contract Drafting is an upper-level course that teaches basic practical skills in contract drafting through written drafting exercises. The exercises will be done both in and outside of class, and extensive peer and instructor editing will be used. While the skills taught will be basic, they will also be translatable to more sophisticated contracts, such as those that Duke Law students can expect to see and draft in practice. The course will be a combination of lecture and in-class drafting and editing exercises, with an emphasis on the exercises. There will be pre-class reading assignments from the text, possibly supplemented with other outside reading. Some drafting exercises will be assigned to be done outside of class for subsequent in-class editing. Grading will be on the basis of these written drafting assignments, the quality of editing others' drafts, and class participation.

517

Advanced Contracts 2
  • JD SRWP with add-on credit
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 20
  2. Spring 18
  3. Spring 19

Each course segment will consider in depth a foundational tenet of contract law, but applied to a new and modern fact pattern. For example, does an agreement to exchange one kidney for another (as in the increasingly common kidney paired donation) involve consideration? Is it void as against public policy? What is the obligation of airlines, hotels, and third party providers (such as Expedia) to honor "mistake fares" in an age when technology allows potentially millions of purchases before the offeror discovers the error?
We'll begin each segment with a modern fact pattern in which the law is unclear or in flux. We'll read the classic contracts cases and scholarly articles on point, with application to the new fact pattern in mind. Are the old doctrines still a good fit for the new world? Are the public policy rationales behind the law still relevant? What new considerations are present? Project assignments are designed to place students in roles of problems-solvers, policymakers, or judges considering real-life, current disputes. There will be substantial writing, teamwork, and oral presentations.

517W

Advanced Contracts, Writing Credit 1
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Research paper, 25+ pages

While enrolled in LAW 517 Advanced Contracts, students may submit a significant research paper which would be eligible for satisfaction of the JD-ULWR.  LAW 517W must be added no later than the 7th week of class.

519

Contract Drafting 2
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  • Practical exercises
  • In-class exercise
  • Class participation
  • Other

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

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

522

Contract Drafting: The Next Generation 2
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  1. Spring 18
  • Practical exercises
  • Class participation

In their article Contract as Automaton: The Computational Representation of Financial Agreements, Mark Flood and Oliver Goodenough argue that not only can contracts be conceptualized as "finite machine states" that can be automated, but that conceptualizing the legal structure of a contract this way is helpful for determining whether a contract is internally coherent and complete.  Messrs. Flood and Goodenough are moving beyond computer assisted "document assembly"---where guided questions lead word-processor-based document template libraries to a traditional natural-language contract--and exploring an analytical process of turning (at least certain types of) contracts into computer automated "smart contracts".  Building off of Harry Surden's Computable Contracts, Flood and Goodenough apply computational theory to the various states, inputs and transitions of a loan agreement to make the contract a "deterministic finite automaton" (DFA).

This course covers the basic practical skills in contract drafting through written drafting exercises while exploring how legal practice and contract drafting will change.  While working with the course materials, we will inquire as to whether or not the contract elements can be formalized into a smart contract or DFA.  We will also explore Flood and Goodenough's proposition that "The exercise of representing contracts as DFAs can help us better understand how contracts work."  

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

529

Corporate Governance 3
  • JD SRWP
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntlLLM Business Cert
  1. Spring 20
  2. Spring 18
  3. Spring 19
  • Reflective Writing
  • Research paper, 25+ pages

Corporate governance is a major policy issue in business regulation, and has increasingly become headline news in recent political debates. This course will discuss the major debates in corporate governance, the challenges for designing an optimal system for governing corporations, and the increasingly important role of lawyers in these policy debates. To that end, the course will host guest speakers with various backgrounds that have unique experience in corporate governance matters. The course will focus on a range of issues. For example, is shareholder activism by hedge funds and other institutional shareholders good for shareholder value, or does it promote short-termism? Are CEOs paid too much, and should their compensation be regulated? How can for-profit firms be designed to pursue social missions and avoid green-washing? Do anti-takeover devices entrench managers or promote long-term strategic growth? Does state competition for corporate charters lead to a race to the top or the bottom? In discussing each of these topics, this course will consider whether corporations are best regulated by the government or market discipline. As part of the course, students will acquire the skills to review empirical studies, and evaluate the implications of these studies for legal policy and corporate practice. To fulfill the requirements for this course, students will have the option to write short reaction papers or the opportunity to work on a substantial research paper (subject to the approval of the instructor).

530

Entertainment Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Fall 19
  2. Spring 18

A comprehensive introduction to the entertainment industry, this course explores how principles of intellectual property, media law, contract law, labor law and other areas inform the practice of entertainment law.  The course also focuses on learning practical legal and business skills such as structuring, drafting and negotiating financing, development, production and distribution deals in the motion picture, television, theater, publishing and digital media industries.

531

In House Law Practice 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 20
  2. Spring 18
  3. Spring 19
  • Reflective Writing
  • Group project(s)
  • Oral presentation

This course explores the substantive and procedural aspects of inhouse law practice, and how they differ from law firm and governmental practices. The class sessions will present substantive legal topics discussed with legal practitioners. Course materials will be drawn from statutory, regulatory, and policy-driven materials, as well as case studies. Students will have team-based interdisciplinary project assignments that will draw from topics discussed in the class, reflecting real-world scenarios.

The course is intended to provide law school students with an understanding of and practical skills for inhouse practice, legal issues unique to that practice, and practical issues that face inhouse lawyers. It is designed for any student interested in inhouse practice – those who wish to work in a law firm or governmental role and interact with inhouse counsel, those who would like to practice inhouse, and those who are interested in exploring different career paths.

40%: Memos
Each student will prepare two memos, of five pages each, on substantive legal issues presented during class; these memos will provide students an opportunity to demonstrate practical approaches to those legal issues.

20%: Presentation
Each student will make a 5 -8 minute individual presentation to the class, ostensibly to the general counsel of a corporation, in which students will provide an overview of recent developments in a given legal area and how it applies to the corporation. All students will receive a common fact pattern for the fictitious corporation, and each will be assigned a different legal area to which the fact pattern relates. Students will be videoed for their presentation and have the opportunity to review the same.

40%: Project
Halfway through the semester, students will be divided into teams of 4 persons. Each team will receive a fact pattern for a significant business-level-event problem which they are to analyze and present their findings, legal analysis and recommendation to the CEO and board of directors for said company.

The project will include an individual written component of 10 pages, a group written component of five pages, and a 30-minute team presentation.

No prerequisites are contemplated as necessary.

532

Venture Capital Financing 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) required
  1. Spring 18
  2. Spring 19
  3. Spring 20

This class will focus on the legal and economic structure of venture capital transactions and will familiarize students with the legal agreements used to document these transactions. Using lectures and in-class exercises, students will learn the function of the most common transaction documents, the economic and/or legal purpose of the provisions contained within these documents and alternative approaches to address specific situations. Throughout the semester, students will work on a simulated transaction to gain experience in negotiating and drafting documents with an emphasis on meeting client objectives. Students will be evaluated on the basis of class participation and written assignments.

Business Associations is a mandatory prerequisite for the class. Securities Regulation and Advising the Entrepreneurial Client are recommended preparation for the course.

533

Government Enforcement and Global Corporate Compliance 2
  • JD elective
  • JD experiential
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 18
  • Practical exercises
  • In-class exercise
  • Class participation

Students will learn about white collar criminal law principles, today’s climate of government enforcement against corporate wrongdoing and the important role that compliance programs can play in preventing, detecting and resolving those compliance issues.  The course will involve substantive lectures and classroom exercises.  The Foreign Corruption Practices Act (FCPA) will be utilized as the substantive basis to discuss the various principles and conduct the practice simulations. The FCPA will also help demonstrate the global nature of white collar and compliance and the legal issues multi-national corporations face. 

Students will engage in classroom exercises to develop skills frequently used in practice – analysis, drafting materials, preparing for and conducting interviews, and developing a work plan.  Students will learn to advise a client on dealing with a government enforcement action, conduct a global internal investigation, and build a corporate compliance program.  This learning combination of substantive lectures and doing simulation exercises regarding “real world” issues will provide students with practical skills in an area that is in high demand for lawyers.

534

Advising the Entrepreneurial Client 3
  • LLM-LE (JD) elective
  • LLMLE (1 yr) required
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • 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.

535

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

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

539

Ethics in Action 2
  • JD elective
  • JD ethics
  • JD experiential
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Spring 19
  3. Spring 20

The class will function as an ethics committee considering current issues and ethics inquiries based upon actual disputes. The participants, working in small groups, will draft detailed ethics opinions that the full class will consider, revise, and the like.

540

Startup Law: Representing the Company 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 19
  2. Fall 18
  • Final Exam
  • Class participation

This course takes students through the legal issues likely to present themselves in the lifecycle of a high growth technology company from inception/incorporation through acquisition (the typical liquidity event). Startup Law exposes students to the types of issues, questions and documentation that they encounter as a lawyer for an entrepreneurial venture. The course is a survey of entrepreneurial law considerations and does not attempt to invoke policy considerations. While the content is similar to Law 534 Advising the Entrepreneurial Client, this does not satisfy the requirements for the JD/LLMLE nor the LLMLE. Business Associations highly recommended as a prerequisite but may be taken as a co-requisite. Final grade based on exam and in class participation.

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.

549

Corporate Counseling and Communication 2
  • JD elective
  • JD experiential
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation

The goal of this class is for students to develop skills working with sophisticated clients on complex issues that lack easy answers and to simulate the practice of law in a way that a young associate is likely to experience it whether at a large law firm or in a small legal office. The primary focus is interviewing and counseling business clients and drafting client-related communications.

The first part of the class is split into five two-week segments. In the first week of each segment, the class will study a legal issue and prepare to interview the client. Then, one student interviews the client about a simulated scenario in a conference call as the rest of the class observes.  After the call, the class assesses the legal issues and strategies for responding. Students must then decide what advice to give.

In the second week of each segment, the class evaluates potential responses and prepares to advise the client. Another student counsels the client as the class observes. The focus of the class is on client communications, legal strategy, and developing professional skills, and students will gain exposure to the types of issues commonly faced by corporate counsel, including contract negotiations and potential claims.

Students will also practice working in a law office environment by sending emails to the professor that simulate reports to a supervising attorney and by submitting timesheets showing work they have completed. The final three weeks focus on a 15-page paper that will require independent research on a complex legal topic assigned by the professor. Through these exercises, students will learn to speak confidently with experienced business executives, collect information efficiently from busy professionals, and deliver practical, business-oriented legal advice orally and in writing.

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.

553

Empirical Research Methods in Law 1
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 18
  • Final Exam, option
  • Research and/or analytical paper(s), 10-15 pages, option
  • In-class exercise

There are three major objectives for this course: (1) to provide you with a substantive understanding of empirical methods and an opportunity to learn the principals of these methods with hands-on experience with easy-to-use statistical software (e.g., Excel and Stata); (2) to develop skills to choose and work with experts, and the ability to develop and refute quantitative evidence; and (3) to develop the necessary skills for critical thinking and evaluation of empirical work in academic studies and expert witness reports.

The course will be divided into three major components. The first section of the course will introduce a broad range of topics in methodology, from study design and hypothesis testing to descriptive statistics and multivariate regression techniques in the context of legal issues faced by practicing attorneys. The second section will include a series of lectures by judges and empirical scholars with a wealth of experience working with and as expert witnesses. The final section of the course will utilize this new knowledge and training to critically evaluate empirical scholarship and expert reports. Together, these course components will provide you with a comprehensive background in empirical methods and will prepare you for sophisticated and critical consumption of statistical analyses. The course also will equip those of you who are interested in pursuing academia with a foundation in quantitative research to produce empirical scholarship.

Participation during class is strongly encouraged, and computers are allowed in the classroom. Course grades will be based on class participation (10%), hands-on exercises (10%), and a discussion paper (80%).  For the paper, you will be asked to evaluate an Expert Report and discuss the strengths and weaknesses of the study based on the research methods covered in this course. You have the option to take an in-class exam as a substitute for the paper.

 

560

Sales and Value Added Tax Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

SALES AND VALUE-ADDED TAX LAW covers the policy issues, legal frameworks and detailed technical issues related to VAT and retail sales tax systems. Comparisons are drawn between the VAT (a multi-stage consumption tax system used by most countries -- but not the US) and retail sales taxes (the consumption tax adopted by most US states). The class explores variations between the VAT systems and retail sales tax systems in different jurisdictions, in order to highlight key policy issues. The course also highlights innovations in consumption taxes (especially to deal with the digital economy) and the treatment of special sectors such as the real property, financial, agriculture and public interest sectors. Approaches for dealing with the application of VATs and sales taxes in the context of federations and common markets are also considered.

The principal focus is on VAT, because retail sales taxes can be viewed as a single-stage VAT. The aim of the course is to enable you to think about VAT (or sales tax), whether from the perspective of what the law is, what it should be, or how it might be administered. More generally, the course is designed to sharpen your skills to think like a lawyer, like a policymaker, and like a tax administrator.

After taking the course, you should understand how the VAT and retail sales taxes work in practice, and you will have a clear understanding of how consumption taxes differ from income taxes. We will discuss the definition of key legal elements of the VAT (taxpayer, taxable event, tax base, rates, tax period) and how the tax is collected. This analysis should equip you with the ability to address consumption tax issues in the future, or indeed to deal with any tax, since all taxes have these basic common elements.

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.

566A

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

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

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

566B

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

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

572

Enterprise Law in Japan and the United States 1
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • LLMWriting option with additional credit
  • IntlLLM writing, option
  • IntlLLM Business Cert
  1. Spring 20
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This is a seminar course focusing on a comparative analysis of business systems in Japan and the United States. We will discuss the basic question: how does law matter to business practice? 

To answer this question, we need to take into consideration two complementarities. First, the legal system in a given country consists of a variety of legal subject areas, including corporate law, securities regulation, labor law, bankruptcy law, and tax law, among others. These areas of law do not operate in isolation but rather in complement to affect the business practices in a country. Second, the law operates in conjunction with economic markets and social norms. 

We will consider the firm as a forum for incentive bargaining among four major participants: management, employees, creditors, and shareholders. How do the complementary effects of various laws, markets and norms affect the incentives of each participant? How has this affected the accepted business practices in a country, and in turn, the broader business system? 

Students will be exposed to classical readings in business law theory, as well as more recent scholarship that applies those classical theories to case studies of modern US and Japanese firms. Through the readings and participation in class discussions, students will learn to think critically about the dynamic interplay of legal systems, economic markets, and social norms and their combined effects on business systems.

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.

576

Agency Law in a Changing Economy 2
  • JD SRWP, option
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntlLLM Business Cert
  1. Spring 20
  2. Spring 19
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

Agency law encompasses the legal consequences of consensual relationships in which one person (the “principal”) manifests assent that another person (the “agent”) shall, subject to the principal’s right of control, have power to affect the principal’s legal relations through the agent’s acts and on the principal’s behalf. As the principal’s representative, an agent owes fiduciary duties to the principal. Agency doctrine applies to a wide range of relationships in which one person has legally-consequential power to represent another, populating the category, “agent,” with a variety of exemplars: lawyers, brokers in securities and other markets, officers of corporations and other legal entities, talent and literary agents, auction houses, and more. Usually, agency relationships contemplate three distinct persons: agent, principal, and third parties with whom the agent interacts, with legal consequences for all three. Agency law also governs the relationship between a principal and its agents, including its employees. The pervasiveness of agency means that its implications remain relevant despite changes in business structures and economies more generally.  This seminar covers the legal doctrines that make agency a distinct subject with in the law, in particular those differentiating agency from general contract and tort law. It also covers a number of contemporary examples in which agency doctrine may—or may not—apply with significant consequences. These may include the status of Uber drivers and other actors who perform services via platforms; the duties of commodities brokers, including merchants in financial derivatives products; the consequences of imputing an agent’s knowledge to the principal; agency as a vehicle for the imposition of vicarious liability; and the consequences for the agent and third party when a principal is undisclosed, unidentified, or undetermined. 
The seminar will meet weekly with assigned readings. Each student will write a research paper on a topic to be chosen with the instructor’s consent and will make brief presentations to the seminar as work on the paper proceeds

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.

579

Mass Torts 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  • Final Exam
  • Class participation

Mass Torts is a course designed to introduce students to the theory, practice, and strategy associated with the substantive law, procedure, and resolution of a wide variety of mass tort litigations.  Most mass torts are consolidated by the Judicial Panel on Multi- District Litigation, and the organization of the course is based on the life of a case in MDL: origins, pleadings, referral to a transferee judge, e-discovery, fact discovery, expert discovery, motion practice, test cases, pre-trial hearings, trials, appellate practice, remands, settlement, and claims resolution facilities.  There will also be substantial emphasis on larger themes and issues that are implicated by mass torts in the relationship between federal and state courts, in competing theories of liability and procedure, in the interaction of litigation, bankruptcy, and administrative processes, in the roles of public and private litigation and attorneys, in the respective interests of the executive, legislative, and judicial branches of federal and state governments, and in a variety of competing economic, jurisprudential, policy, and practical concerns.  The course will be updated during the semester with emerging developments in currently pending mass tort litigation including opioids, asbestos, and Roundup.  The readings are prepared specifically for this course and will consist of excerpts from judicial opinions, pleadings, briefs, motions, and other original source material as well as excerpts from law review articles, press accounts, and books.  The grade will be based on a take home examination consisting of short answer and essay questions.  

579W

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

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

    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.

    585

    Philanthropy, Voluntarism and Not-For-Profit Law and Management 3
    • JD elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Spring 18
    2. Spring 19
    3. Spring 20

    The scope of this seminar is as broad as the idea of the voluntary society itself, with particular attention to the American version thereof. The central question is the extent to which, and how, a large number of people of varying ethnic, racial, religious, and cultural backgrounds, living together in a country, state or city, organized into representative governments, should - can - rely on voluntary action by willing citizens to fulfill both their own individual needs and the needs of the respective communities in which they live. To explore that question requires us to examine alternative allocations of responsibility for solving particular problems - voluntary, not-for-profit, for-profit, joint public/private, publicly encouraged/subsidized, and publicly coerced - along with examples, reasons, and theories for particular forms of organization. We will need to probe what it is that motivates donors and volunteers to give money and time, and to assess not only their effectiveness in solving problems but also the comparative praiseworthiness of their respective motives. Charitable and corporate foundations, as well as the tax-exempt organizations to which they and other donors contribute, are part of the inquiry, especially as to their goals, decision rules, governance, and public accountability. We will try to compare the experience of other countries with that of the U.S. in these regards, and we will continuously examine the framework of public policy that embodies public judgments about the desirability of allocating some part of the burden of social problem-solving to voluntary organizations alone or in partnership with public organizations, as well as the tax policies that are crafted to facilitate such problem-solving policies. Cross-listed with PPS280S.

    586

    Current Debates in Bankruptcy Law 2
    • JD SRWP, option
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • IntlLLM Business Cert
    1. Spring 20
    • Reflective Writing
    • Research paper option, 25+ pages
    • Class participation

    Is bankruptcy broken? For some years, many academics and practitioners have argued that the nation's business and consumer bankruptcy systems are outdated or otherwise not fit for their intended purpose. The course will examine selected topics in bankruptcy law (but focusing most heavily on chapter 11 of the Bankruptcy Code). We will explore a selection of the most contentious current debates in bankruptcy law. Key reading materials will likely include recent major reports proposing reforms to bankruptcy law, as well as excerpts from the scholarship and recent Supreme Court cases. We will consider questions including: what is bankruptcy for? Is it simply a procedural remedy solely for enforcing whatever substantive rights parties might have outside bankruptcy, or an opportunity more fairly to redistribute assets (or losses) among stakeholders? Is bankruptcy special? Should be Bankruptcy Code be read like any other statute, or do we need special principles for bankruptcy law, and broad equitable powers for bankruptcy courts, to encourage businesses and consumers to reorganize? What protections should we give to consumers? Most consumer reorganizations are unsuccessful; should we respond by allowing bankruptcy more thoroughly to shield consumers from collection efforts, or do we prioritize creditors' efforts to get paid?

    For each of the topics considered, the general structure of the course will be to: (1) familiarize you with the relevant features of bankruptcy law; (2) examine critiques of current law and consider proposals for reform. The objective of the seminar is to provide insight and into and allow for debate of bankruptcy theory and policy; in the process, we will consider the extent to which abstract theories of bankruptcy hold up in the real world, and the topics we cover will include issues of pressing interest to current bankruptcy practitioners.

    Students will be required to participate in class discussions. Students may complete either a series of reflection papers examining the reading materials and topics discussed, or one  longer 25-30 page paper designed to satisfy the SRWP.

    590

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

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

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

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

    591

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

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

    Course Requirements:

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

    619

    Readings: Commercial Law and Society in Historical Perspective 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 20

    Fraud, mortgage crises, banking regulation, tax evasion – these are bywords of our time but, of course, such concepts and concerns have a long history. Many of the foundations of modern law regarding property and obligation were laid in English courts in the eighteenth and nineteenth centuries –a period of remarkable commercial expansion, imperial overreach, and stock market plunges. How did developments in legal procedure and doctrine shape the course of socio-economic change in the modern age? And what kinds of impacts did commercialization and colonization have on English law in an era of expanding empire?

    Readings will explore such questions through study of the development of the Anglo-American law of contract, mortgage, bankruptcy and trust.  Readings will also include works on the history of colonialism, labor law, welfare, and slavery. In examining some exemplary cases and works of historical analysis, we will consider the different social, political, economic and cultural contexts within which seminal legal changes occurred.

    Requirements include class participation and completion of short response papers. 1 credit (graded on a credit/no credit basis). No exam or final paper, however students may, if they wish, receive 2 credits upon successful completion of an additional 15-page paper. Variable Credit.

    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).

     

    683

    Patent Litigation 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntllLLM IP Cert
    1. Spring 18
    • Reflective Writing
    • Oral presentation

    This course will cover the basic aspects of patent infringement litigation, beginning with the pre-suit investigation and covering basic phases of the process through trial, including the initial pleadings, discovery, the Markman claim construction phase, pretrial and trial. The main focus will be on the practical aspects of this growing form of commercial litigation. Students would need to have completed, or be concurrently enrolled in, Patent Law to enroll in this course. Students will be assessed on the basis of two writing assignments, a Markman/claim construction brief and a summary judgment motion, and on an oral argument on their brief.

    2 credits.

    702

    Alternative Dispute Resolution 3
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 17
    2. Fall 18
    3. Fall 19
    • Final Exam

    This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR -all of which have gained wide-spread use as alternatives to traditional litigation. The survey encompasses three perspectives; the advocate's perspective in choosing the most appropriate ADR process in light of the different advantages and disadvantages of the various processes; the third-party neutral's perspective in facilitating or fashioning a just resolution of the parties' dispute; and the policy maker's perspective in utilizing ADR as a more efficient and cost effective substitute for traditional adjudication.

    707

    Statutory Interpretation Colloquium 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    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 writing, option
    • IntlLLM Business Cert
    1. Spring 20
    2. Spring 18
    3. Spring 19
    • 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 final paper, about 25-30 pages in length, to be submitted by the Thursday, April 16, 2020 (last day of all classes) (75%); JD writing credit will be given to any JD students who present research proposals (see “Paper” above), approved by me, commit to completing their drafts for class presentation and subsequent comments by me (draft for comments by Friday March 20), and submit their final drafts in response to my comments by Thursday April 16, 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 (15%).The course will be highly interactive and graded on this basis.

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

    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).

     

    720

    Advanced Copyright: Digital Technologies 2
    • JD SRWP
    • JD elective
    • LLMLE (1 yr) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • IntllLLM IP Cert
    1. Spring 20
    2. Spring 18
    3. Spring 19
    • Research paper, 25+ pages
    • Class participation

    This advanced copyright course will explore the legal and policy issues arising from the application of copyright law in the digital, networked environment. We will examine how the Copyright Act and traditional copyright doctrines have been adapted and applied by courts in an environment of rapid technological change, and what this means both for creators and users of creative works. The course will give particular attention to the scope and application of the author's various exclusive rights in a digital environment, doctrines of direct infringement and secondary liability as applied to Internet-based businesses and technologies, and questions relating to fair use, first sale, statutory licenses, and other defenses to infringement. We will explore in detail the Digital Millennium Copyright Act, including both the legal framework for the protection of technological protection measures and the safe harbor provisions protecting Internet Service Providers. Exploration of these and other issues will include detailed discussion of current legislative and related policy issues, major recent and ongoing litigation in the areas of Internet file sharing, cloud computing, and online video distribution, and new and emerging issues in the music, movie and interactive gaming sectors. This advanced course assumes a basic understanding of U.S. copyright law.

    Enrollment Pre- or Corequisite

    Intellectual Property or Copyright Law or Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music

    722

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

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

    GRADING: Grades are based on an exam.

    731

    Legal Strategy 3
    • JD experiential
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 17

    A theoretical and practical approach to appreciating the complexities of legal strategy. The course commences with 8 hours of lecture and discussion on a variety of analytic methodologies for addressing strategy - economic, psychological, game theoretic. The remaining 27 hours focuses on specific legal problems with intense role-playing to reinforce the application of these analytic tools in a realistic setting. The role playing will be supervised and reviewed by practitioners who are experts in the relevant legal problems.

    734

    Evidence in Practice 2
    • JD elective
    • JD experiential
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    • Reflective Writing
    • Class participation

    In seminar format, this advanced writing course will give students practical experience in dealing with evidentiary issues in a broad range of hypothetical legal situations based upon real cases. Students should either have previously completed Evidence, Law 245, or be taking it at the same time. Assignments and class discussions will focus on identifying and researching issues that arise in different procedural settings, analyzing them in writing, and presenting analysis orally. Issues relating to evidence and proof do not arise only in trials. They are relevant to attorneys' performance in many other procedural settings; ranging, for example, from mediations and contract drafting to appeals, motion hearings, deposition preparation, and witness preparation for trial and discovery. Instruction and writing assignments will survey burdens of proof and standards of review, the practical aspects and attendant difficulties when a lawyer must use different types of evidence to prove a fact or has no evidence, and ethical and strategic decision-making required in varying evidentiary scenarios.

    737

    Environmental Litigation 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    1. Fall 17
    2. Spring 19
    3. Spring 20
    • Research and/or analytical paper(s), 10-15 pages
    • Practical exercises
    • Class participation

    During the past 40 years, environmental litigation in the federal courts of the United States has played an important role in shaping our quality of life.  Federal statutes designed to improve air and water quality, manage waste, protect species, and establish rules for the management of ocean resources have spawned numerous federal cases – some filed by affected industry, some by the government, and others filed by conservation groups and private citizens.  The resulting precedents affect many aspects of the environment in which we live.

    This course introduces students to the progression of a hypothetical environmental case in United States federal courts.  The course begins with the appearance of a potential client, addresses several considerations relevant to a decision whether to file a complaint, examines discovery planning and execution, studies the preparation of dispositive motions, and concludes with an overview of the appeal process.  The course assumes that the hypothetical case will be decided on motions for summary judgment or for injunctive relief.  Therefore, class discussions focus on the manner in which such a case unfolds, with particular attention to developing both the facts and the theory of the case, framing pleadings, and designing and managing discovery.  The course explores these subjects from the perspective of counsel for defendants as well as for plaintiffs.  Students should emerge from the course better equipped to handle various practical aspects of litigation.

    738

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

    754

    IP Transactions 2
    • JD elective
    • LLM-LE (JD) elective
    • LLMLE (1 yr) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    1. Spring 18
    2. Spring 19
    3. Spring 20
    • 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.

    760

    A Practitioner's Guide to Labor Law and Employment 2
    • JD elective
    • JD experiential
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Spring 18
    2. Spring 19
    3. Spring 20
    • Reflective Writing
    • Practical exercises
    • Class participation

    This course is designed to provide a practical overview of the main labor and employment law issues that arise in the U.S. workplace. Using a variety of approaches to instruction including mock exercises, outside speakers, writing exercises (such as drafting communications to government agencies or corporate clients), and drawing from current developments in the law, instructors familiarize students with the basic concepts underlying the broad range of labor and employment law. Students will explore issues from multiple perspectives including the employee, the employer, the union, and compliance enforcers. As a result of this course, students will attain an advanced, yet practical familiarity with such issues that can be applied in any business context. The course will be co-taught by practicing attorneys who have experience both as private practitioners with large firms and as corporate officers for a Fortune 125 company (former partner in private practice and Senior VP of Human Resources for a Fortune 125 company; General Counsel of a $1 billion privately-held company, formerly Deputy General Counsel with a Fortune 125 company). Students should have taken the basic labor law course or have a familiarity with the National Labor Relations Act and Title VII of the Civil Rights Act. A Liberal Arts background (knowledge of history, sociology, and/or political science) is a plus.

    Please note that class attendance and active class participation count heavily toward the final grade. Participants should expect several shorter (2-3 pages), practice-oriented writing assignments.

    765

    Introduction to Technology in the Law Office 2
    • JD elective
    • JD experiential
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    2. Spring 19
    3. Spring 20
    • Research and/or analytical paper(s), 10-15 pages
    • Group project(s)
    • Oral presentation
    • Practical exercises
    • Class participation

    Technology is changing the practice of law in all fields and venues. This course will provide you with the theoretical and practical foundation to understand these changes and to positively impact your firm's or organization's responses to such challenges. Areas of focus include ethical obligations surrounding technology use; privacy and security; practice management; electronic discovery; information literacy (including advanced research techniques) and media literacy; and presentation and courtroom technology. Readings and guest speakers will address both general technological issues as well as specific legal and ethical ramifications. Students will be graded on participation, exercises and a final project that is presented both in class and in writing. Students who take Law 765 Introduction to Technology in the Law Office may not take Law 766 Law Practice Technology.

    766

    Law Practice Technology 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 19
    • Research and/or analytical paper(s), 10-15 pages
    • Oral presentation
    • Practical exercises
    • Class participation

    Rapidly evolving technologies are undoubtedly transforming the traditional law practice. The purpose of this course is to explore and investigate the use and impact of current technologies in the practice of law. The focus will be smaller to mid-sized law firms but there will also be some discussion on large practice groups. Tools for client management, electronic discovery, and document management will be analyzed. Ethical issues relating to proper use of technology and data management will be discussed. Electronic communications and social networking tools will also be explored.
    Students who take Law 766 Law Practice Technology may not take Law 765 Introduction to Technology in the Law Office.

    773

    Research Methods in Business Law 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Spring 18
    2. Spring 19
    3. Spring 20
    • Practical exercises
    • In-class exercise
    • Class participation

    This one-credit seminar in advanced legal research will introduce students to specific sources and strategies for researching a variety of business law topics, including corporations, securities, and commercial bankruptcy and reorganization. We will cover key primary and secondary sources for business law research: state and federal cases, statutes, regulations, and other administrative materials; subject-specific secondary sources; company disclosure documents; and sources for factual company research, among others. The course will emphasize research process, strategies, and evaluation of print and online sources in a changing information environment. Students will develop their research skills through a variety of hands-on exercises. Grades will be based on in-class and take-home research exercises, class participation, and a final research project.

    Because this is a fast-track course, attendance at the first class session is mandatory.

    775

    Corporate Ethics 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Fall 17
    2. Fall 18
    3. Fall 19
    • In-class exercise
    • Class participation

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

    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.  

    777

    Deal Skills for the Transactional Lawyer 3
    • JD elective
    • JD experiential
    • LLM-LE (JD) elective
    • LLMLE (1 yr) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Fall 17
    2. Spring 19
    3. Spring 20

    This course is designed to prepare students for transactional law practice by introducing them to the process of structuring, negotiating, documenting and closing a corporate acquisition transaction.

    The course is highly interactive.  Students will be assigned to “firms” that represent the parties to a hypothetical M&A transaction.  During the term, you will advise your client regarding deal structure, prepare due diligence requests and a due diligence report, draft an acquisition agreement, and negotiate the terms of the deal with counsel for the other party.  The negotiation exercises will take place “live” in class and will be videotaped.  The professor will provide written feedback on drafting assignments and negotiations to help students refine their deal-making skills.

    Topics covered will include:

    • Common transaction structures and the factors that affect choice of deal structure
    • Strategic and tactical approaches to negotiating an M&A transaction
    • Conducting a due diligence review
    • How to review contracts and other due diligence documents
    • Effective drafting techniques for the transactional lawyer
    • Understanding the “business deal” and translating it into contract language
    • The role of representations & warranties, covenants, conditions precedent and  other provisions found in the typical acquisition agreement
    • Preparing for and conducting a closing

    778

    Law & Entrepreneurship 2
    • LLM-LE (JD) required
    • LLMLE (1 yr) required
    1. Fall 19
    2. Fall 17
    3. Fall 18

    This perspectives course serves as an anchor for the E-LLM program. In addition to giving students a theoretical framework through which to understand the relationship of entrepreneurship and law, the course will feature regular opportunities to learn directly from entrepreneurs and entrepreneurial lawyers.

    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.

    782

    Deal Skills II: Negotiating and Documenting Joint Venture Arrangements 3
    • JD elective
    • LLMLE (1 yr) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Spring 18

    This course is designed to prepare students for transactional law practice. Like "Deal Skills for the Transactional Lawyer" (Course # 777), this course will be highly "hands-on." Students will be assigned to lawyer teams and will represent their clients in structuring, negotiating and documenting a hypothetical joint venture arrangement. In addition to providing practical skills training, the course offers students an opportunity to explore a form of corporate transaction – the "joint venture" – that is widely used in the business world but is not covered in typical law school M&A courses.

    Topics covered will include:

    • The nature of joint venture arrangements (and how they differ from other M&A transactions)
    • Factors affecting the choice of structure for a joint venture
    • Antitrust issues affecting joint ventures
    • Intellectual property issues arising in connection with joint ventures
    • Conducting due diligence in the context of a joint venture arrangement
    • Understanding the "business deal" and translating it into contract language
    • The basic elements of a typical Joint Venture Agreement
    • Ancillary agreements common to joint venture arrangements (including LLC Agreements, Operating Agreement for the business, intellectual property or technology licenses, etc.)
    • Drafting Joint Venture Agreements and related documents
    • Strategies for negotiating the terms of a joint venture arrangement

    Student teams will complete a series of drafting assignments, including a client memorandum recommending a structure for the joint venture; Due Diligence Requests and a Due Diligence Report; a complete Joint Venture Agreement (drafted in stages over several weeks) and ancillary agreements (including an Operating Agreement for the joint venture business). Students will also participate in a series of "Negotiation Exercises" during which they will negotiate the provisions of their draft agreements with opposing counsel. The Negotiation Exercises will be videotaped and reviewed in class to reinforce students' negotiation techniques.

    785

    Legal Writing in Civil Practice 2
    • JD elective
    • JD experiential
    • IntlLLM/SJD/EXC elective
    1. Fall 17
    2. Fall 18
    3. Fall 19
    • Practical exercises
    • In-class exercise
    • Class participation
    • Other

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

    787

    Writing: Electronic Discovery 2
    • JD elective
    • JD experiential
    • IntlLLM/SJD/EXC elective
      • Research and/or analytical paper(s), 10-15 pages
      • Practical exercises
      • In-class exercise
      • Class participation
      • Variable by section
      • Other

      This two-credit-hour advanced writing course will help prepare students for the types of writing that are common to complex civil litigation, while introducing them to electronic discovery, with a focus on practice in a large law firm. Because most complex civil litigation and federal white collar investigations now involve e-discovery, understanding the financial, organizational, and ethical challenges it poses is critical to today's practitioners. Writing assignments will all surround one hypothetical federal lawsuit that raises common e-discovery issues. Students will be associates in a hypothetical law firm and will handle the e-discovery aspects of the firm's defense of the lawsuit.

      Priority in registering for this course is given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LLM students are allowed to enroll if fewer than fourteen J.D. students enroll.

      789

      Writing: Federal Litigation 2
      • JD elective
      • JD experiential
      • IntlLLM/SJD/EXC elective
      1. Spring 20
      2. Spring 18
      • Reflective Writing
      • Research and/or analytical paper(s), 10-15 pages
      • Oral presentation
      • Practical exercises
      • In-class exercise
      • Class participation

      Persuasive writing is integral to almost all aspects of civil litigation.  This two-credit hour advanced experiential course will allow you to deepen your understanding of legal research while honing your written and oral advocacy skills.  Using a simulated case, you will plan litigation strategy by interviewing a client, preparing a factual chronology of the case, and analyzing the merits of the claims.  You will also practice drafting and responding to discovery requests and preparing to take and defend depositions.  Finally, you will draft a motion for summary judgment and supporting memorandum of law and argue the merits of the motion in a mock oral argument. 

      796

      Writing in Civil Practice: Sport Arbitration 2
      • JD elective
      • JD experiential
      • IntlLLM/SJD/EXC elective
      1. Spring 18
      • Research and/or analytical paper(s), 10-15 pages
      • Practical exercises
      • Class participation

      This advanced writing seminar will help prepare students for the types of writing that are common to all civil litigation, while introducing them to oral and written advocacy in an arbitral setting. As access to courts becomes increasingly difficult due to overcrowding and budgetary constraints, and given the limited number of cases that make it to trial due to the cost of litigation, familiarity with the process of litigating in an alternative forum is critical for today's practitioners. Assignments will arise from a hypothetical arbitration over the proper interpretation of a provision in a collective bargaining agreement between a sports organization and its players' union. .