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 filters87 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

120

Constitutional Law 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Fall 18
  2. Spring 19
  3. Fall 19
  4. Spring 20
  5. Fall 20
  6. Spring 21
  • Final Exam
  • Class participation

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

140

Criminal Law 4.5
  • JD 1L
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Fall 18
  2. Spring 19
  3. Fall 19
  4. Spring 20
  5. Fall 20
  6. Spring 21
  • Final Exam
  • Class participation

An introductory study of the law of crimes and the administration of criminal justice. One of the purposes of this course is to introduce the students to the nature of social control mechanisms and the role of law in a civilized society.

201

Legal Writing: Craft & Style 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 18
  2. Fall 19
  3. Fall 20
  • Practical exercises
  • Class participation

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

The workshop might be particularly useful to:

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

220

Conflict of Laws 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Spring 19
  2. Spring 20
  3. Spring 21
  • Final Exam
  • Class participation

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

225

Criminal Procedure: Adjudication 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  2. Spring 20
  3. Spring 21
  • Final Exam

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

226

Criminal Procedure: Investigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  2. Spring 19
  3. Spring 21
  • Final Exam

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

*Note: In Spring 2020, up to 10 seats have been reserved for 2Ls who have been pre-approved to enroll as a requirement for their confirmed summer employment.

229

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

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

232

Employment Discrimination 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  2. Spring 20
  3. Spring 21
  • Final Exam

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

236

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

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

245

Evidence 4
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Spring 19
  3. Fall 19
  4. Spring 20
  5. Fall 20
  6. Spring 21
  • Final Exam
  • Class participation

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will first 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 then address the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to evidentiary privileges. 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 popular culture about trials. 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.

**Fall 2020 information for Professor Griffin’s class: Although the course will be taught on line, I will also schedule some in-person meetings and small-group sessions on campus if possible, with virtual options for students who cannot attend. There is one assigned time block for the course, but the structure of classes will vary, and students will be divided into sections, discussion groups, and panels. We will have some synchronous whole-group meetings and some class time divided between sections. There will be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements. Evaluation will be based on these in-class exercises, interim quizzes, and a final essay exam.

250

Family Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 18
  3. Fall 20
  • Final Exam
  • Reflective Writing
  • 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, written work relating to completion of a divorce settlement exercise and reflections on current issues in family law, and class participation.

252

Foreign Relations Law 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 20
  • Final Exam

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as the recent lawsuits against China concerning COVID-19, controversies over immigration enforcement, the withdrawal by the United States from various treaties, and uses of military force against alleged terrorists.

265

First Amendment 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Fall 19
  3. Spring 21
  • Final Exam

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

302

Appeals 2
  • JD SRWP
  • JD elective
  • PIPS elective
  1. Spring 20
  2. Spring 21
  • 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.

306

Corporate Crime 4
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Spring 20
  2. Spring 21
  • 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.

311

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

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

312

Cybercrime 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  • PIPS elective
  1. Spring 20
  2. Spring 21
  • 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.  We will also examine threats that pose particularly difficult legal and policy challenges, such as foreign interference in U.S. elections and misinformation.

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.

 

314

Federal Habeas Corpus 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 20
  • 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
  1. Fall 18
  2. Spring 20
  3. Spring 21
  • Final Exam
  • Reflective Writing
  • Class participation
  • Other

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

318

Comparative Constitutional Law 2
  • JD SRWP with add-on credit
  • LLM-ICL (JD) required
  1. Fall 19
  2. Fall 20
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

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

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

318W

Comparative Constitutional Law, Writing 1
  • JD SRWP
  • LLM-ICL (JD) elective
  1. Fall 19
  2. Fall 20
  • Research paper, 25+ pages

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

329

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

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

330

Federal Criminal Law 4
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Spring 20
  3. Spring 21
  • Take-home examination
  • Oral presentation
  • Practical exercises
  • In-class exercise
  • Class participation

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

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

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

 

334

Civil Rights Litigation 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 21
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation

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

338

Animal Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Spring 19
  2. Spring 20
  3. Spring 21
  • 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 19
  4. Spring 21
  • 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 18
  2. Fall 20
  • Final Exam

Federal Courts is sometimes thought of as the love child of Constitutional Law and Civil Procedure. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies. Most experienced litigators—including criminal and regulatory litigators—consider the course essential.

Federal Courts 1 is the first of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Both parts one and two are three-credit courses ordinarily taken in the Fall and Spring of the same year. They have separate exams that are graded independently. There is no requirement that one take both installments, but it is strongly recommended.

Federal Courts 1 (The Constitution and Judicial Power) 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 addresses 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 implication of private rights of action under federal statutes.

This Fall, Federal Courts 1 will be primarily online. I plan to experiment with some asynchronous lectures, which may be viewed at leisure, combined with some more problem-oriented discussion sections. I am committed to generating as many opportunities to meet in person as we can possibly get away with over the course of the semester, but it’s hard to know what that will look like from the vantage point of mid-summer. The exam will be exactly the same as it always has been: an 8-hour, open-book take-home exam.

344

Federal Courts II - Public Law Litigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  2. Spring 21
  • Final Exam

Federal Courts is sometimes thought of as the love child of Constitutional Law and Civil Procedure. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies. Most experienced litigators—including criminal and regulatory litigators—consider the course essential.

Federal Courts 2 is the second of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Both parts one and two are three-credit courses ordinarily taken in the Fall and Spring of the same year. They have separate exams that are graded independently. There is no requirement that one take both installments, but it is strongly recommended.

Federal Courts 2 (Public Law Litigation) focuses on litigation meant to vindicate federal statutory and constitutional rights. We begin with the ins and outs of the Federal Question jurisdictional statute, then move on to suits against the government. We address both federal and state sovereign immunity in depth, and we explore civil rights litigation against state and federal officers under 42 U.S.C. 1983 and the Bivens doctrine. We also canvass various statutory and judge-made rules limiting parallel litigation in state and federal courts. The course concludes with an in-depth treatment of federal habeas corpus as a vehicle for judicial review of executive detention and for collateral attack on state criminal convictions.

We will update this description with information concerning the online/in-person format of the course as the Spring semester grows closer.

345

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

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

350

Advanced Constitutional Law: A Legal History of the US Civil Rights Movement 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  2. Fall 20
  • Final Exam
  • Class participation

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

351

U.S. Immigration and Nationality Law 3
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  2. Spring 19
  3. Spring 21
  • Final Exam
  • Class participation

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

355

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

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

363

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

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

399

Forensic Psychiatry 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19

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.

402

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

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

Clinics Enrollment Policy

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

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

404

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

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

407

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

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

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

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

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

Important:

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

408

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

Spring continuation of Appellate Litigation Clinic.

416

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

The Children’s Law Clinic provides students with an opportunity to represent low-income children and parents on issues relating to the social determinants of health, including education, public benefits, and access to adequate healthcare. Students will work in teams on case assignments that could involve client interviewing and counseling, negotiation, informal advocacy, and litigation in administrative hearings or court. There will also be opportunities to engage in policy and community education projects. With training and supervision from clinic faculty, students will act as the lead attorneys for the matters on their caseload allowing them to develop critical professional skills such as case strategy development and time management. In the weekly two-hour virtual seminar, students will engage in interactive practical skills training, learn substantive law, and analyze the broader systemic injustices that impact children and families. Students work on clinic cases approximately 10 hours a week, for a minimum of 100 hours of legal work during the semester for 4 credits. There is no paper and no exam. Students must be in at least their third semester of law school to enroll in the clinic due to state student practice rules. Students must meet the legal ethics graduation requirement either before or during enrollment in the Children's Law Clinic. For the Fall 2020 semester, there will be an option to participate in the clinic remotely.  Students who are in Durham may attend the virtual seminar and provide in-person representation if they choose to.  Due to the COVID-19 pandemic, the opportunity to engage in in-person representation is subject to change.  In the event that students are unable to continue in-person representation, they will be allowed to complete their clinic work remotely. (see 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 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 18
  4. Spring 19
  5. Fall 20
  • 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 19
  2. Spring 20
  3. Spring 21

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 18
  2. Spring 19
  3. Fall 19
  4. Spring 20
  5. Fall 20
  6. Spring 21
  • Practical exercises
  • In-class exercise
  • Class participation

This practical skills course focuses on the path civil litigators must navigate prior to trial. It is becoming increasingly rare for cases to be decided by a jury.  Lawyers must instead learn to succeed during the pretrial process.  We will examine the key components of the civil pretrial litigation process, beginning with the filing of a law suit.  The class will be divided into law firms on the second week of class. You will work with co-counsel, representing a hypothetical client, for the entire semester.  Law firms will prepare and serve discovery and respond to discovery from opposing counsel. Students will prepare and argue a short discovery motion. The last four weeks of class focus on depositions, with each student taking and defending a deposition. This course will help students synthesize and more deeply understand the strategy and the practical application of civil procedure and evidence rules used in litigation advocacy. 

Topics  include:

  • Drafting pleadings and motions
  • Preparing and responding to discovery
  • Taking and defending depositions
  • Practicing becoming a more effective advocate in the current on-line environment facing all attorneys and courts.

The course grade is based on written and practical skills-based work product and class participation, as described in the syllabus.  There is not a final exam.

422

Criminal Trial Practice 3
  • JD elective
  • JD experiential
  • PIPS elective
  1. Spring 21
  2. Fall 18
  3. Spring 19
  4. Fall 19
  5. Spring 20
  6. Fall 20

This class will be taught remotely. The synchronous portion of the class will meet remotely once a week to discuss the basic skills and perform the assigned exercises. Each student will perform an exercise at least once for each class. If students are willing and conditions permit, we may meet for some exercises in the courtroom at the law school.  Students will need to pair up and prepare the exercises in advance, which can be done on Zoom.  There will be recorded lectures that can be watched   This basic trial skills course covers Opening Statement, Direct Examination, Cross Examination, Impeachment, Exhibits, Expert Witnesses and Closing Argument. Students will prepare and perform these skills using simulated problems and case files. Students receive constructive comments from faculty who are experienced trial lawyers. The course ends with a trial with teams of two students on each side. This class is appropriate for students with an interest in trial practice, with a specific focus on trial skills in the context of criminal litigation.

425

Pretrial Criminal Litigation 1
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 18
  3. Fall 20
  • Oral presentation
  • Practical exercises
  • Class participation

This course will focus on the pretrial phase in criminal cases.  We will begin with a defendant’s initial appearance and conclude with a plea hearing.  Class discussions and readings will explore the pretrial practices of effective defense counsel, including conducting a defense investigation, working with experts, and managing clients.  The class will also emphasize oral advocacy skills, so students will be expected to appear as counsel during mock, in-class court hearings. It is anticipated that each class session will be divided into two components: (1) a short lecture/discussion period based on course readings and (2) skills practice.  Finally, this course will provide students with an opportunity to familiarize themselves with criminal case pleadings, including the drafting of at least one motion.  The course grade will be based on classroom participation, performance, and written work.  There is no final exam. 

435

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

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

Important:

This course may not be dropped after the first class meeting.

Students must be able to attend the day-long clinic intensive training session to enroll in this course.

 

435A

Advanced First Amendment Law Clinic 2
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  1. Spring 20
  2. Fall 20
  • Live-client representation and case management

This two-credit course is available to students who have participated in one semester in the First Amendment Law clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic.. Students enrolled in Advanced Clinical Studies are required to participate fully in the case work portion of the clinic, performing 100-120 hours of client representation work, but will not be required to attend the class sessions.

437

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

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

For the Fall semester of the 2020-2021 academic year, the seminar component of the Clinic will be taught in an online-only format.  To the greatest extent possible, we will endeavor to provide in-person experiences, including in our work with each other (such as through supervision meetings). For students who are not participating on an in-person basis in the Clinic, you will still be able to participate fully in the Clinic on a remote basis.  Any potential Clinic travel will be consistent with university and Law School policies; if Clinic travel is not possible or is otherwise limited in the Fall, efforts will be made to ensure students have such opportunities at a later time, consistent with university and Law School policies.

443

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

The Duke Environmental Law and Policy Clinic is an interdisciplinary clinic that represents non-profit community-based and environmental organizations throughout the region to address a wide variety of environmental concerns in a variety of different venues. Students work in interdisciplinary teams and engage directly with clients to develop legal and advocacy strategies, conduct site-based assessments, develop legislative and regulatory proposals, and participate in community outreach and education efforts. Students also may engage in litigation, regulatory, and policy proceedings as case needs dictate. Skills training is conducted in weekly seminars and case management meetings and emphasizes client counseling, legal and policy advocacy, working with experts, and networking. Although the mix of topics addressed varies among semesters, matters typically include environmental justice, climate change, water quality, natural resources conservation, endangered species protection, sustainable agriculture, public trust resources, and environmental health. Clinic faculty make an effort to honor student preferences for case assignments, consistent with case needs and each student’s objectives for professional growth and development.

The ELPC will conduct its weekly seminars online via Zoom, and will also provide readings and short video modules for students to review in preparation for seminar discussions.  Weekly case management meetings, as well as client meetings, will be conducted in person to the extent possible, but accommodation will be made for those who need to engage remotely.

Clinic Enrollment and Credit Policies

To enroll, law students must have completed their 1L year and Nicholas School students must have completed their first semester. International LLM students may enroll during their second semester with permission from the clinic's directors. Variable credit (4-6 hours) is allowed for law students with permission from the clinic’s directors.

Although not a prerequisite, students are encouraged to have completed Environmental Law, Ocean and Coastal Law and Policy, and/or Administrative Law prior to enrollment.

Ethics Requirement for Law Students

Law students are required to have instruction in the Model Rules of Professional Conduct prior to, or contemporaneous with, enrollment in the Environmental Law and Policy Clinic. The following ethics classes meet this 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).

Important to Note: 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.

443A

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

This variable-credit (2-4 credits) course builds on the training and work of the EL&PC and offers students the opportunity to develop case leadership and deeper client relationships. Students enrolled in the Advanced Clinic are required to participate fully in the case work portion of the clinic, performing at least 100 hours of client representation work (or more, depending on credit hours), and are required to attend weekly case management meetings. In addition, Advanced students must attend two discussion sessions with other advanced clinic students that will be scheduled after the start of the semester. Instructor permission and successful completion of one semester of clinical work are required to enroll.

445

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

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 litigation matters, such as removal proceedings in immigration court, administrative or federal appeals, or other legal claims, as well as work with community-based organizations in advocacy projects or outreach and education campaigns. 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.

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. For the fall semester of the 2020-2021 academic year, we expect that the seminar component of the Clinic will be available in person for those students who wish to attend.  To the greatest extent possible, our work with clients and with each other will be in person.  For students who either elect not to return to Durham or who are not able to participate in the Clinic on an in person basis, you will still be able to participate fully in the Clinic, just on a remote basis.

Clinics Enrollment Policy

This course may not be dropped after the first class meeting. 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).

471

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

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 18
  4. Spring 19
  5. Fall 20
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation

The Wrongful Convictions Clinic pursues plausible claims of legal and factual innocence made by incarcerated people in North Carolina convicted of serious felonies. 

Students in the clinic study the causes of wrongful convictions, including mistaken eyewitness identification, false confessions, faulty forensic evidence, “jailhouse snitches,” and race. Student-attorneys work under the supervision of faculty to develop, manage, and litigate cases by carrying out a wide range of legal activities, including communicating with our clients, locating and interviewing witnesses about facts, gathering documents and records, drafting a range of legal documents and memos, working with experts, and helping to prepare for evidentiary hearings and oral arguments in state and federal courts. Most clinic cases do not involve DNA.

Many former students describe their time in the clinic, working to exonerate individuals incarcerated for crimes they didn't commit, as their most rewarding experience during law school.

For the fall semester of the 2020-2021 academic year, we expect that the seminar component of the Clinic will be taught in an online-only format. As necessary and appropriate, however, other Clinic meetings will be in person, including work and supervision meetings with faculty.  That said, students who either elect not to return to Durham or who are not able to participate in the Clinic on an in person basis will still be able to participate fully in the Clinic on a remote basis.

494

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

The Advanced Clinic builds on the lectures, training, and work of the Wrongful Convictions Clinic. Students will be assigned to Clinic cases, working more independently than Clinic students, though still under faculty supervision.  Depending on the status of the case, students will interview witnesses, draft legal documents, work with experts, prepare for court, and otherwise take the steps necessary to prove the Clinic client’s claim of innocence and related constitutional claims.  Prerequisite: Wrongful Convictions Clinic or, in the exceptional case, permission of the instructor.

 

502

Forensics Litigation 1.5
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Fall 19
  3. Spring 21
  • 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 19
  2. Fall 20
  • 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
  1. Fall 18
  2. Spring 20
  3. Spring 21
  • 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.

511

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

“An international crime,” wrote eminent legal scholar George Schwarzenberger in 1950, "presupposes the existence of an international criminal law. Such a branch of international law does not exist." This course will begin by probing the concept of international criminal law. What does it mean to say that certain conduct constitutes an "international crime"? What are the objectives of such a legal regime? We will then examine the law of genocide, war crimes, crimes against humanity, and aggression, as well as “treaty crimes,” such as terrorism offenses. Particular attention will be focused on the question of jurisdiction over such offenses in national courts and international tribunals—and on immunities to such jurisdiction.

The class will meet by Zoom on Thursdays from 4:00-5:30. Each class will begin with 50 minutes of “regular” class time (i.e., lecture, Socratic dialogue, student questions) followed by 30 minutes of oral argument on the “issue of the week,” and will conclude with a 10-minute class discussion of the argument and the issue.

Professor Morris will remain on Zoom after each class for further discussion and/or individual office hours.

Grades will be based on the quality of weekly (3-page) response papers and class participation.

513

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

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

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.

544

The Collective Action Constitution 3
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) writing
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing
  • PIPS elective
  1. Fall 20
  • Reflective Writing
  • Class participation

Collective action problems arise where every member of a group has a choice between alternatives, and if each member acts in a narrowly self-interested fashion or all members are unable to coordinate their actions, the outcome will be worse for all members by their own estimations than it will be if all or some of them choose another alternative.  Collective action problems are caused either by externalities (e.g., a prisoners’ dilemma), or by coordination difficulties (e.g., deciding which side of the road to drive on).  This seminar will examine the extent to which the United States Constitution can be understood as solving collective action problems that arise for the states and as empowering the states themselves and the federal government to solve such problems.  Topics will include:

  1. the number and importance of multi-state collective action problems both today and at the time of the creation of the Constitution;
  2. collective action theory in the social sciences;
  3. the promise and perils of relying on interstate compacts and other agreements to solve multi-state collective action problems;
  4. the necessity of federal power to solve such problems and a general examination of how Article I, Section 8, of the Constitution authorizes Congress to do so;
  5. the Interstate Commerce Clause and related structural principles (i.e., the anti-commandeering doctrine and the dormant commerce doctrine);
  6. the Taxing and Spending Clause and the Necessary and Proper Clause;
  7. the many other parts of the Constitution that can be explained to a significant extent by the logic of collective action (e.g., the Foreign and Indian Commerce Clauses; Article I, Section 10; the Treaty Clause of Article II; certain heads of federal jurisdiction in Article III, especially diversity and suits between states; the Privileges and Immunities Clause and the Territories Clause, both of Article IV; Article V’s requirements for constitutional amendments; and Article VII’s requirements for ratification of the Constitution);
  8. the inability of the collective action theory of the Constitution to explain certain parts of the Constitution, especially the Reconstruction Amendments, which follow a different structural logic;
  9. various challenges to the theory (e.g., that partisan polarization and congressional dysfunction undermine federal power to solve collective action problems; that the theory threatens to collapse the text of the Constitution into its underlying purposes; that the theory limits federal power too much (according to legal liberals) or not enough (according to legal conservatives); and that claims about whether collective action is rational or likely to occur are historically contingent and normatively contestable; and
  10. why the theory should matter to judges, elected officials, academics in several disciplines, and engaged citizens.

Readings will draw from The Federalist Papers and other Founding materials (e.g., the Articles of Confederation, Madison’s Vices memorandum, various letters of the Founders, the Virginia Plan, and the Constitution); book chapters (by, e.g., Akhil Amar, Jack Balkin, Daniel Farber, Jack Rakove, and Neil Siegel); law review articles (by, e.g., Robert Stern, Donald Regan, Steven Calabresi, Robert Bork, Robert Cooter, Neil Siegel, and Ernest Young); U.S. Supreme Court opinions from the Marshall Court to the present; and select draft chapters of my book manuscript.

Students will be required to write a 30-page research paper on a topic related to the substance of the seminar, which may be used to fulfill the JD SRWP degree requirements, the LLM writing requirement, or the special writing requirement for JD/LLMs. 

Grades will be based on the quality of students’ course participation (40%) and the quality of their research papers (60%).

545

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

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

546

International Law of Armed Conflict 3
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  2. Spring 19
  3. Spring 21
  • Reflective Writing
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

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

547

Criminal Justice Policy: Crime, Politics, and the Media 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  • Reflective Writing
  • Group project(s)
  • Class participation

This course will focus on various changes in criminal justice policy that occurred in during the last four decades (e.g., changes in sentencing law and policy, increased incarceration rates, and the "war on drugs") and will explore some of the factors that brought about those changes. To what degree were these changes responses to changes in the rates and types of crimes experienced in the U.S.? To what degree were these changes prompted by political campaigns and strategies, or by a media-induced sense of crisis? What factors determine how the media covers crime and criminal justice? And how does media coverage affect public opinion? How do the U.S. politics of crime vary from that of other countries? Readings will include legal materials that will probe and analyze statutory and administrative changes, as well as interdisciplinary readings.

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.

 

556

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

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

562

Sentencing & Punishment 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Fall 19
  3. Fall 20
  • Research paper, 25+ pages
  • Class participation

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

567

Identity, Politics, and the Law: Seminar 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 20
  • Reflective Writing
  • Class participation

This seminar will explore the current state of thinking about the relationship between identity, politics and legal regulation. In particular, attention will be paid during this upcoming semester to the situation in Puerto Rico. Among the topics that will be considered are the roles that race and colonial identity have played in leading to Puerto Rico's current political status ("foreign in a domestic sense"). We will also consider how these factors (and others) have played into the current debt crisis that the Commonwealth is facing. In addition to Puerto Rico, we will also have discussions of other topics connecting to the broader theme of Law, Identity and Politics such as the Gender Gap in Legal Employment, the future of the Voting Rights Act, and the litigation over the Travel Ban.

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

The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will not be a final exam or final paper. There will be one class meeting most weeks; on one occasion though we will have two sessions.

570

Criminology and Criminal Procedure 2
  1. Spring 19
  2. Spring 20
  • 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.

574

Lying and The Law of Questioning 1
  • JD SRWP with add-on credit
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  1. Spring 19
  2. Spring 20
  • Reflective Writing
  • Class participation

This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what is sometimes called “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in public life. The criminal justice system is both a natural habitat for dishonesty and the place where achieving accuracy is most important. Accordingly, we will use the context of investigations and trials to explore some larger themes about establishing factual baselines despite intense conflict. Topics will include liability for dishonest statements in investigations and testimony, interrogation practices, the problem of false confessions, incentivized witnesses, character and credibility, cross examination, storytelling at trial, and lie detection in the laboratory, courtroom, and popular culture. Readings will be posted on line and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

574W

Lying and The Law of Questioning, Writing Credit 1
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  1. Spring 20
  2. Spring 19
  • Add on credit

While enrolled in Law 574 Lying and the Law of Questioning, students who plan significant research projects on related topics may register for a second credit in order to satisfy the JD Writing Requirement. *LAW 574W must be added no later than 7th week of class.*

578

Crimmigration Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  • Simulated Writing, Litigation
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation

Immigration law and criminal law are increasingly intertwined.  From the moment of arrest through completion of any sentence, the criminal justice system functions differently for noncitizens, with significant immigration consequences flowing from decisions at every stage.  Judges, prosecutors, and defense attorneys must be aware of these consequences and prepared to address them in the course of criminal proceedings.  Immigration attorneys must be able to advise defense attorneys on the best resolutions for their clients. Lawmakers must account for the results of merging these two systems.

Through readings, discussion, and independent research projects, students will learn to analyze constitutional, statutory, and regulatory provisions concerning immigration, as well as procedural and substantive requirements in criminal proceedings as they affect noncitizens. Participants will also explore the public policy choices surrounding the use of local law enforcement agencies in immigration policing.

582

National Security Law 3
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Fall 19
  3. Fall 20
  • Research paper, 25+ pages
  • Oral presentation
  • Class participation

This fall-only survey course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture related to the U.S. security enterprise.  The class will also examine related issues that arise "in the news."  It is aimed not only at students considering a career in government or the military, but also for those headed to private practice who appreciate that the U.S.’s $740 billion defense budget, along with $1.9 trillion in defense outlays worldwide, impact virtually all potential clients.

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

The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020) ISBN9781543806793.  Supplementary materials may be provided as necessary.  The instructors will use episodes from their extensive careers in government to illustrate issues, and offer practical, real-world perspectives.

Although the course will be taught online, we expect to offer in-person office hours and other small-group meetings on campus if possible (with virtual options for students who cannot attend). There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

We will have some synchronous whole-group meetings and some class time divided between sections.  The course is expected to include guest speakers (via Zoom).  There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

Given this is a course in national security, class instruction will likely include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

There is no examination for this course, but a 30-page research paper (constituting 60% of the grade) is required on a topic chosen by the student and approved by the instructors.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project provided all SRWP requirements are met.  The remainder of the grade (40%) is based on the quality and frequency of class participation (which may include short papers).

584

Forensic Science Colloquium 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  • Reflective Writing
  • Class participation

Science has never been more important to crime solving in the United States, with expanding crime labs, DNA databanks, and new crime scene technology. Yet never has the use of forensics been more controversial in the legal and scientific communities, with scientific reports critical of the research foundations of many forensic techniques and new Sixth Amendment and evidentiary challenges in the courts. This seminar will examine the legal, scientific, and the practical questions raised by the use of forensic evidence in our legal system, by bringing in a series of leading scholars, lawyers, and researchers to present cutting edge work (we may also visit a crime lab and meet with its general counsel). During the semester, speakers will present their research to the seminar. The students will have written papers evaluating and critiquing the work in class the week before each speaker presents. We will discuss current legal challenges to the admissibility of forensic evidence, the constitutional regulation of forensics in the courtroom, philosophy of science, privacy issues, and research seeking to improve the uses of forensics in the lab and in the courtroom. Interested faculty from the law school, as well as statistics, psychology, and other disciplines will also attend given sessions. Students do not need a background in science and there are no prerequisites.

587

Race and the Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • PIPS elective
  1. Spring 20
  2. Spring 21
  • Research paper, 25+ pages

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

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
  • PIPS elective
  1. Spring 20
  2. Spring 19
  3. Spring 21
  • 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.  Students who wish to use the paper to satisfy the JD ULWR 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.

593

Sexuality and the Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  2. Spring 21
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation

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

642

Appellate Externship with Federal Defenders (Criminal Law) 3
  • JD elective
  • JD experiential
  • PIPS elective
  1. Fall 20
  • Reflective Writing
  • Live-client representation and case management
  • Other

This externship is limited to 3L students.  This appellate externship will provide an opportunity to work with appellate lawyers at one or more Federal Public Defender offices operating in different judicial districts within in the Fourth Circuit.  (By federal statute, federal public defender organizations are federal entities, and their staffs are federal employees.  These offices exist to provide legal assistance to people facing federal criminal charges or convicted of federal crimes but who are unable to afford counsel.  These offices litigate against U.S. Attorney offices in their respective districts, and so the United States is an opposing party.)  Appellate work principally entails research and writing, and so the appellate lawyers involved in this externship are responsible for briefing and orally arguing federal criminal appeals to U.S. Court of Appeals for the Fourth Circuit.  They also may be involved with some matters before the appeal stage, for purposes of providing guidance on substantive law, strategic input, and drafting to preserve issues for appeal.  Appellate lawyers in these offices may also be involved with some post-conviction motions under 28 U.S.C. 2255, compassionate release filings, and filings under the First Step Act.  This is an integrated externship; this means that, aside from the field work with the appellate lawyers, the course has a weekly seminar component, which will be led by Prof. Andrussier.  Outside of that seminar, Prof. Andrussier will also meet individually with each student regularly to discuss the externship and student reflections.

Students will be expected to complete a minimum of 100 hours of field work to receive credit for the externship portion of the course. 

*NOTE: Students may count 2 of the 3 credits towards the JD experiential learning requirement.*

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.

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).

 

718

Social Choice Theory: Cost-Benefit Analysis and Beyond 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Spring 21
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

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

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

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

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

 

727

Current Issues in Constitutional Interpretation 1
  • JD elective
  • Research and/or analytical paper(s), 10-15 pages

This seminar will examine important constitutional issues that have arisen in recent Supreme Court cases and will use those cases as a vehicle for considering broader questions of constitutional interpretation and Supreme Court practice, such as theories of interpretation and the role of stare decisis. Among the issues that may be studied are the Second Amendment right to keep and bear arms, the Sixth Amendment rights to counsel and trial by jury, the Eighth Amendment right to be free of cruel and unusual punishment, and the right to petition for a writ of habeas corpus.

Enrollment for Current Issues in Constitutional Interpretation is limited to 15 students.  Only third-year students are eligible to apply for enrollment, as it is anticipated that students in their final year of law school will be best prepared to engage fully in the course.

753

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

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

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

758

Originalism and Its Discontents 3
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  1. Spring 20
  2. Spring 19
  3. Spring 21
  • Reflective Writing
  • Research paper, 25+ pages
  • Class participation

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

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.

774

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

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

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

786

Media Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Fall 20
  • Simulated Writing, Litigation
  • Take-home examination
  • Practical exercises
  • Class participation

This class will examine the regulation of communications media, including newspapers, broadcast media, social media, and internet content generally. Students will consider current events and ongoing debates regarding mainstream media, “fake news,” social media platforms, and leak investigations, while also exploring the historical and jurisprudential underpinnings of First Amendment and media law. In weighing the interests of the free press against competing interests like privacy, security, and reputation, this class will cover topics such as defamation, rights of publicity, privacy, and access to information. Students will learn skills relevant to defending reporters and other members of the press in litigations and advisory matters.