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

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

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Clear all filters 35 courses found.
Number Course Title Credits Degree Requirements Semesters Taught Methods of Evaluation

201

Legal Writing: Craft & Style 2
  • JD elective
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • 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.

225

Criminal Procedure: Adjudication 2
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 21
  • Spring 22
  • Spring 23
  • Spring 24
  • Final Exam

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

231

Ethics in Action: Large Law Firm Practice 2
  • JD elective
  • JD ethics
  • LLM-LE (JD) elective
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • Fall 20
  • Fall 21
  • Fall 22
  • Fall 23
  • Simulated Writing, Litigation
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation

Large, multi-jurisdictional law firms face complex issues of regulation and professionalism. Managing and solving those issues require high-level analytical, written, and presentation skills. As in practice, quality written analysis will be paramount, and students will need to perform individually as well as working together with a team.

237

The Law of Lawyering: The Ethics of Social Justice Lawyering 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
  • PIPS elective
  • Spring 22
  • Final Exam
  • Reflective Writing
  • 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
  • Fall 20
  • Spring 21
  • Fall 21
  • Spring 22
  • Fall 22
  • Spring 23
  • Fall 23
  • Spring 24
  • Final Exam
  • Reflective Writing
  • Practical exercises
  • 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 and rules, statutes, and administrative regulations.  Grading is based on a final examination, written work relating to casebook problems and reflections on current issues in legal ethics, and class participation.

 

239

Ethics and the Law of Lawyering in Civil Litigation 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM-SJD-EXC elective
    • 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.

    250

    Family Law 2
    • JD elective
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • Final Exam
    • Class participation

    A study of how law regulates intimate adult relationships and relationships between parents and children. We will discuss constitutional and statutory rights and restrictions on marriage, adult relationships, adoption, parentage, child custody, dissolution of adult relationships, and financial support for children. We will explore the evolution of family law in relation to racial and gender equality and consider issues of socioeconomic inequality and access to justice.  Grading is based on a final examination and class participation. 

    302

    Appellate Courts 2
    • JD SRWP
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Spring 22
    • Spring 23
    • Spring 24
    • 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.

    309

    Children and the Law 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 23
    • Group project(s)

    This course will explore the relationship between the law and children’s status, rights, and well-being from a child-centered perspective. The course will introduce students to some of the foundational legal doctrines which govern the relationships among children, their parents, and the state. Through lecture, class discussion, and group presentations, this course will apply those foundational principles in specific contexts, including at school, home, healthcare, and community settings, with a focus on emerging and current issues in children’s law. This course will grapple with the ways in which current legal frameworks do or do not promote children’s rights and health, with a focus on the experiences of vulnerable groups, including LGBTQ+ children, children living in poverty, children of color, children involved in the child welfare and delinquency systems, and children with disabilities. This class will require collaboration in small groups as students work towards a final presentation.

    312

    Cybercrime 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM writing
    • IntlLLM Business Cert
    • IntllLLM IP Cert
    • PIPS elective
    • Spring 21
    • Spring 22
    • Fall 22
    • Fall 23
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Class participation

    The course will survey the legal issues raised by cyber-related crime. The bulk of the course will be organized around two overarching themes: (1) substantive criminal law (i.e., the scope, structure, and limitations of the criminal laws that reach cyber-related crime); and (2) criminal procedure (i.e., the scope, structure, and limitations of the privacy laws and constitutional principles that regulate law enforcement investigations of cyber-related crime).  Along the way, we will also consider topics that frequently arise in cyber-related investigations and prosecutions, such as:  jurisdictional issues (e.g., federal/state dynamics and international cooperation in collecting evidence); national security considerations (e.g., state-sponsored intrusions and IP theft, terrorists’ use of the internet, government surveillance); and encryption.  We will make regular use of contemporary case studies, including several drawn from my own experience in the national security arena. 

    314

    Federal Habeas Corpus 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Spring 23
    • Final Exam
    • Midterm
    • Practical exercises
    • Class participation

    What is habeas corpus and why has it earned the title of the “Great Writ”?  Habeas corpus allows prisoners to challenge their detentions and it empowers judges to free prisoners that are unlawfully detained.  The writ reaches the most unpopular prisoners: enemies of the state, war criminals, and those convicted of the most heinous crimes.  Due to its historic role as the last resort for prisoners to obtain judicial review, the U.S. Supreme Court has called the Great Writ one that is “indispensable” and one that “indisputably holds an honored position in our jurisprudence.”  Thus, prisoner litigation is the subject of this course, and in particular, the rights and remedies available to prisoners who seek to challenge their detention.

    We will use my co-authored casebook: the first to cover federal habeas corpus comprehensively, presenting post-conviction review and executive detention litigation in an accessible way.  It is available on Sakai, along with the rest of our course materials. We will begin with an examination of the writ of habeas corpus, under which federal courts examine whether detentions are authorized.  We will explore the historical evolution of the writ from a common law prerogative writ to the U.S. federal system and the meaning of the enigmatic Suspension Clause of the U.S. Constitution. We will then focus on habeas litigation by state prisoners convicted of crimes.  We will study the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA) and how it intersects with the key Supreme Court decisions that define the limits and procedures for habeas corpus, including through the doctrines of exhaustion, procedural default, non-retroactivity, and miscarriage of justice innocence “gateway” claims.

    In the second part of the course, we will examine the Suspension Clause and how Article III of the Constitution shapes the power of judges to use habeas corpus.  We will explore the use of habeas corpus to remedy unlawful executive detention, including immigration detention, military detention, and national security detention.  We will study recent statutes and Supreme Court decisions relating to persons indefinitely detained or facing military commission trials post-9/11.  We will conclude by studying the intersection of habeas corpus and civil litigation, and with a broader look at the future of habeas corpus.

    We will conduct a series of practical exercises based on real cases, during synchronous classes and offline.  Short lectures will often be recorded in advance to focus our synchronous time on engaging with  the material. The goal is for you to understand the doctrine and theory but also develop practical litigation skills, directly applicable to prisoner litigation, and also to litigation generally. Some will be in-class exercises, while others will be written exercises outside of class.  You will be given feedback on your work throughout the semester. Similarly, grading will be based not just on a final  exam, but on class participation (in synchronous classes, in comments on each other’s work, and on the Sakai forum discussion pages), written answers to three review exercises, written comments on classmates’ answer to review exercises, a midterm exam, and a final exam. All midterm and final exam grading is blind.

    317

    Criminal Justice Ethics 2
    • JD elective
    • JD ethics
    • IntlLLM NY Bar
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 21
    • Fall 21
    • Fall 22
    • Spring 23
    • Fall 23
    • Spring 24
    • Reflective Writing
    • Research and/or analytical paper(s), 15 pages
    • Class participation
    • Other

    Criminal Justice Ethics (2 Credit Seminar) focuses on the professional and ethical laws governing attorneys in the criminal justice system. The course focuses on issues affecting both prosecutors and defense attorneys and the applicable rules of professional conduct. The course will work to deepen students’ understanding of the role and responsibilities of criminal justice attorneys in society. This is a specialized ethics course with a focus on lawyers working in the criminal justice system, as such our focus will not cover the Rules of Professional Conduct in their entirety. The class is discussion-based. The primary methods of assessment will be three (3), two-page reflection papers throughout the semester and a final 15-page research and/or analytical paper.

    319

    Analytical Methods 2
    • JD elective
    • LLM-LE (JD) required
    • IntlLLM-SJD-EXC elective
    • IntlLLM Business Cert
    • Fall 20
    • Fall 21
    • Fall 22
    • Fall 23
    • 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.

    The areas of focus include:

    • 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.
    • Accounting: Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.
    • Microeconomics: This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.
    • Statistics and Artificial Intelligence: We will address the basic statistical methods, including regression analysis, as well as issues that commonly arise when statistics are used in the courtroom. We will also have a brief introduction to statistical learning, which forms the basis for machine learning and artificial intelligence.

    This basic introductory survey course is aimed at students who have only a basic background in math (basic high school algebra) and may have majored in humanities and social science as an undergraduate.

    338

    Animal Law 2
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • PIPS elective
    • Spring 21
    • Spring 23
    • Spring 24
    • Research paper, 25+ pages
    • Oral presentation
    • 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.

    399

    Forensic Psychiatry 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Spring 22
    • Spring 23
    • Spring 24
    • Practical exercises
    • Class participation

    This course is designed to provide students with a working knowledge of the major areas of interface between psychiatry and law. Basic concepts of clinical psychiatry and psychopathology will be highlighted throughout the course. The attorney and the psychiatrist roles in the commitment process, right to treatment and right to refuse treatment, competency to stand trial, and criminal responsibility will be explored using a number of methods. Discussion of assigned readings, short lectures, interviews and observation of patients involved in legal proceedings, films, guest speakers, and field trips will form the basis of the course. The students will periodically be asked to use the information from the course together with independent and group research to complete short projects and class exercises.

    471

    Science Regulation Lab 2
    • JD elective
    • JD experiential
    • IntlLLM-SJD-EXC elective
    • IntlLLM Environ Cert
    • Spring 21

    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
    • Spring 21
    • 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 such amicus briefs. We will draft a number of amicus briefs, including to submit to state and federal appellate courts and the US Supreme Court, on topics and 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.

    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.

    504

    Critical Race Theory 2
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
    • Fall 20
    • Spring 22
    • 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.

    505

    Criminal Justice Policy Lab 2
    • JD SRWP, option
    • JD elective
    • IntlLLM-SJD-EXC elective
    • PIPS elective
      • Reflective Writing
      • Research and/or analytical paper(s), 10-15 pages
      • Oral presentation
      • Class participation

      The growth in incarceration in the United States since the early 1970s has been “historically unprecedented and internationally unique,” as the National Research Council recently put it. This lab seminar will explore current debates about how best to improve our criminal justice system. The focus will be on concrete research projects with the potential to improve criminal justice outcomes in North Carolina. Students will learn how to conduct policy-based research on criminal justice problems, and students will choose projects and write research papers studying possible reforms. Visitors to the seminar will include leading lawyers, policymakers, and scholars to speak to the class, and to assist with the research efforts.  Students will better appreciate the challenges of designing a sound criminal justice system and also learn how as lawyers they may participate in successful and well-researched policy reform efforts.

      506

      Alternative Dispute Resolution 2
      • JD elective
      • JD experiential
      • IntlLLM NY Bar
      • IntlLLM-SJD-EXC elective
      • Fall 21
      • Fall 22
      • Fall 23
      • Reflective Writing
      • Practical exercises
      • Class participation

      This survey course will provide you with a comprehensive overview of the various alternatives to traditional litigation that are used to resolve civil disputes, including negotiation, mediation, arbitration, collaborative law, and other innovative processes. It is designed primarily for students who wish to gain a basic understanding of the variety of dispute resolution processes available when representing a client. Each week, you will have the opportunity to explore the theoretical basis for and practical operation of different ADR processes through class discussion and in-class exercises. We will also discuss ADR and culture, ODR, drafting ADR clauses in contracts, and dispute resolution system design. Required coursework will include readings, participating in in-class exercises, preparing entries in a weekly conflict resolution journal, and an end-of-semester project. By the conclusion of the course, you should be able to assist a client in choosing the most appropriate ADR process in light of the advantages and disadvantages of each, and will better understand a third-party neutral’s role in facilitating or fashioning a just resolution of a dispute. 

      510

      Legal Interviewing & Counseling 2
      • JD elective
      • JD experiential
      • IntlLLM-SJD-EXC elective
      • PIPS elective
      • Fall 20
      • Fall 21
      • Fall 22
      • Fall 23
      • 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. 

      526

      Jury Decision Making 2
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing, option
      • Spring 22
      • Spring 23
      • Spring 24
      • Reflective Writing
      • Research and/or analytical paper(s), 20+ pages
      • Class participation

      This course is intended as an introduction to experimental research, legal theory, and caselaw on jury decision making.  Although the topic overlaps considerably with areas of basic decision making--e.g., the heuristics and biases literature--the focus will be mostly on applied research looking at the decisions of real (or simulated) jurors.

      533

      Government Enforcement and Global Corporate Compliance 2
      • JD elective
      • JD experiential
      • LLM-ICL (JD) elective
      • IntlLLM-SJD-EXC elective
      • Fall 21
      • Fall 22
      • Fall 23
      • 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.

      539

      Ethics in Action 2
      • JD elective
      • JD ethics
      • IntlLLM NY Bar
      • IntlLLM-SJD-EXC elective
      • Spring 21
      • Spring 22
      • Spring 23

      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.

      542

      AI and Criminal Justice 2
      • JD elective
      • IntlLLM writing
      • IntllLLM IP Cert
      • PIPS elective
      • Spring 24
      • Reflective Writing
      • Research and/or analytical paper(s), 15-20 pages

      Artificial intelligence (AI) increasingly is used to make important decisions that affect individuals and society. A particularly pressing area of concern has been in criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that technology may deepen pre-existing racial disparities and overreliance on incarceration, black box AI has proliferated in areas such as: DNA mixture interpretation; facial recognition; recidivism risk assessments; and predictive policing.

      This two-credit seminar will include academic work regarding several of those types of uses of AI in criminal justice, as well as some of the early judicial opinions ruling on such evidence. We will read leading work on the rules of evidence implicated by AI, what constitutional criminal procedure rules are at stake, and we will engage with how these technologies work and are evolving. We will also attend, and comment on, a portion of a timely judicial conference on expert evidence on Friday, Jan. 26, and a longer set of discussions with EU experts on AI on Saturday, January 27.

      There are no prerequisites, but a course in evidence or in criminal procedure would be helpful. Students will write a 3-5 page response paper to the portion of the conference that they attend and a 20- page research and policy paper, with presentations in class on each student’s work at the end of the semester.

      562

      Sentencing & Punishment 2
      • JD SRWP
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing
      • IntlLLM Business Cert
      • PIPS elective
      • Fall 20
      • Fall 21
      • Fall 22
      • Research paper, 25+ pages
      • Class participation

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

      570

      Criminology and Criminal Procedure 2
      • JD elective
      • PIPS elective
      • Fall 21
      • Spring 23
      • Spring 24
      • Class participation

      In this seminar, we will read social science research to examine the empirical assumptions of rules, systems, and practices of criminal law and procedure. We will cover a series of empirical questions, which may include: (1) Does stop and frisk policing reduce crime? (2) Can body cameras change police behavior? (3) Does the death penalty deter? (4) Are there alternatives to incarceration that can keep us safe? (5) Is there racial disparity in sentencing, and if there is, what can we do about it? (6) What is the right age of majority to separate the juvenile and adult justice systems?

      While some background in social science and statistics may be helpful, it is not a requirement for the course. Students will be evaluated based on class participation and a series of reaction papers. Students will also be asked to lead discussion of some of the readings.

      575

      Securities Litigation and Enforcement in Practice 2
      • JD elective
      • JD experiential
      • IntlLLM-SJD-EXC elective
      • IntlLLM Business Cert
      • Spring 21
      • Fall 21
      • 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.

      588

      Investigating and Prosecuting National Security Cases 2
      • JD SRWP with add-on credit
      • JD elective
      • LLM-ICL (JD) elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing option with additional credit
      • PIPS elective
      • Spring 21
      • Spring 22
      • Spring 23
      • Spring 24
      • Reflective Writing
      • Research and/or analytical paper(s), 10-15 pages
      • Class participation

      National security cases present unique challenges to prosecutors and defense attorneys. From the outset of an investigation, and before charges are brought, prosecutors and investigators must take into account a number of considerations, including coordination with the intelligence community and potential conflicts that may arise between law enforcement and intelligence gathering. After a case is charged, such cases frequently present other challenges, such as complying with discovery obligations while protecting classified information and obtaining testimony from foreign witnesses who may be beyond the reach of the U.S. government. This course will provide an in-depth examination of the unique issues that lawyers face in national security prosecutions and the substantive and procedural tools used to navigate those issues.  We will also examine the advantages and limitations of civilian prosecutions and consider the effectiveness of current procedures and criminal statutes in addressing modern national security threats.  An emphasis will be placed on case-specific examples and hypotheticals, drawing in part on the instructor’s experience and pending public cases.  The course will culminate in a simulation in which students are presented with a rapidly unfolding national security incident in which they are asked to address various hypotheticals at different stages of the case.

      Students will be expected to complete a final paper of 10-15 pages in length on a topic approved by the instructor. JD or LLM students who wish to use the paper to satisfy the substantial writing requirement of their degree should enroll in a 1 credit independent study with Professor Stansbury and will be expected to write a final paper of 25-30 pages in length. The Independent Study will be graded on a credit/no-credit basis.

      707

      Statutory Interpretation Colloquium 2
      • JD SRWP
      • JD elective
      • IntlLLM-SJD-EXC elective
      • IntlLLM writing, option
        • 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.

        737

        Environmental Litigation 2
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM Environ Cert
        • PIPS elective
        • Spring 21
        • Spring 22
        • Spring 23
        • 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.

        764

        Privacy in a Post-Dobbs World: Sex, Contraception, Abortion and Surveillance 2
        • JD elective
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Fall 23
        • Research and/or analytical paper(s), 10-15 pages
        • Oral presentation
        • Class participation

        This two-credit seminar will examine the extent to which the criminalization of abortion in the aftermath of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), together with 21st century surveillance, compromises or eliminates the physical, decisional, and informational privacy of women and people who can become pregnant.

        We will review the history of the Supreme Court’s contraception and abortion cases and carefully read Dobbs. We will learn about the historical criminalization of abortion and pregnancy outcomes in the US and related surveillance. We will then examine current state laws criminalizing abortion, defining a fetus as a person, and creating civil liability schemes, and discuss how these laws affect privacy. We will learn about the laws that protect (and fail to protect) privacy in our modern information economy and consider the ways privacy law intersects with abortion law. In this context, we will consider both commercial surveillance and surveillance by law enforcement.  Other topics will include: the privacy implications of medication abortion and the current litigation that threatens its continued availability in the US; the extent to which providers, aiders and abettors, and women who self-manage abortion may be subject to prosecution in ban states; the increasing legal conflicts between shield states and ban states; the effects of criminalization on the privacy of the physician-patient relationship and the associated disincentives for seeking reproductive health care; the implications of laws purporting to control, limit or prohibit access to or dissemination of information about abortion in ban states; and attempts to affect or restrict individuals’ movement within and between states to obtain care.

        Both privacy and abortion law are rapidly changing environments in the United States, and attention to current developments in both arenas will be part of the class. We will make every effort to address and incorporate developments as they occur. Assignments will include interactive online comments and responses about the readings, a research project and presentation on the developing law in a particular state, and a writing assignment. There is no final exam.

        This course is not open to students who took Law 611.45 - Readings: Privacy in a Post-Dobbs World in Fall 2022.

        783

        Emerging and Challenging Issues in Evidence Law 2
        • JD SRWP, option
        • JD elective
        • IntlLLM writing
        • PIPS elective
        • Spring 24
        • Reflective Writing
        • Research and/or analytical paper(s), 15-20 pages
        • Class participation

        This seminar will focus on the most important and most controversial aspects of evidence law, including new technologies like AI, and electronic/digital evidence. The seminar also explores controversial areas of the evidence rules where change has been called for (sometimes for decades) but has not yet occurred.

        785

        Legal Writing in Civil Practice 2
        • JD elective
        • JD experiential
        • IntlLLM-SJD-EXC elective
        • Spring 23
        • Fall 23
        • 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.  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.

        789

        Writing: Federal Litigation 2
        • JD elective
        • JD experiential
        • IntlLLM-SJD-EXC elective
        • IntlLLM writing
        • PIPS elective
        • Fall 20
        • Fall 21
        • Fall 22
        • Simulated Writing, Litigation
        • Reflective Writing
        • Oral presentation
        • Practical exercises
        • In-class exercise
        • Class participation

        This writing and experiential course will provide students with the opportunity to practice several different types of persuasive writing used in federal litigation. The students will work on a hypothetical case involving an employment discrimination matter. The students will follow the case from the administrative agency level, to the filing of a complaint in federal court, through the discovery process, and culminating in the filing and arguing of a motion for summary judgment. In addition to writing, the students will have the opportunity to interview a client and a witness and to practice their oral advocacy skills in a mock meeting with a partner and a mock hearing. This course will be useful for anyone interested in practicing in federal court and/or pursuing a federal clerkship at the trial court level.

        Course Credits

        Semester

        JD Course of Study

        JD/LLM in International & Comparative Law

        JD/LLM in Law & Entrepreneurship

        International LLM - 1 year

        Certificate in Public interest and Public Service Law

        Areas of Study & Practice