Study

Legal Writing: Craft & Style is a two-credit boot camp for 2Ls and 3Ls who want to work towards acquiring professional-level writing and editing skills. Through weekly writing projects, students will master the line-editing techniques for creating optimal sentences and paragraphs. Through intensive study, practice, and an exit exam, students will master the essentials of grammar, usage, and copyediting expected of professional writers. Finally, each student will deploy these skills by creating two pieces of original writing commonly expected of young lawyers: a client letter and a client update on a development in the law. Throughout the course, students will have individual support and feedback for their work.

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

This course is designed to teach students basic paradigms and methods of comparative law and how to do research in comparative law through both lectures and projects. We will take different countries as laboratories of legal institutions and endeavor to develop a deeper understanding of the nature and function of law in social, economic, and political development, and how law and culture interact with each other. This course requires class participation (15%), short response papers (15%), and a research paper (70%), which will count for two writing credits for JD/LLM-ICL students and, with instructor approval, may be used to fulfill the SRWP degree requirement for JD students.

This course in legal reasoning highlights the central problematic of conflict of laws: the rule of law and the specter of judicial activism. It does so by way of a systematic exploration of the judicial methods and patterns of legal argument used to decide cases in which the relevant facts of the dispute are connected with multiple jurisdictions. The first half of the course is focused on domestic conflicts issues in the United States, mostly dealing with choice of law questions in tort, contract, and family law. This study examines the full range of approaches that developed in the courts between the time of Joseph Beale and rise of the Second Restatement on Conflict of Laws. The second half of the course turns from domestic to transnational conflicts problems, and in particular, brings a focus to the topic of extraterritorial jurisdiction. This study survey US federal court decisions on extraterritorial choice of law, including questions in constitutional law, civil rights law, environmental law, labor law, antitrust law, securities law, and human rights law. 

Grade is 20% class participation, 80% paper.

This fall-only seminar is designed to introduce students who have limited familiarity with international law to principles involved in the use of force during periods of putative peace.  It will explore, for example, what circumstances constitute an “act of war” in a variety of situations, to include cyberspace.  The structure of classes may vary, and students may be divided into sections, discussion groups, and panels. The course may include guest speakers (in-person or via Zoom).

The course will analyze when and how force may be used in self-defense and will survey topics such as humanitarian intervention, hostage rescue, air defense identification zones, freedom of navigation operations, use of force in the cyber domain, and the legal aspects of international counter-piracy and counterterrorism operations (including drone strikes).  Efforts to limit the use of force in outer space as well as the implications of nuclear weapons and the emergence of autonomous (to include generative AI) weaponry will be explored.

Case studies and current news events will be examined in conjunction with the covered issues.  For example, an article that examines, “through the lens of the Russia-Ukraine conflict…whether and, if so, when a State's military aid or assistance that contributes to another State's use of force constitutes a separate and distinct use of force under international law” will be discussed.

In addition, students will get an overview of the practical issues associated with the use of force, to include the weaponry, planning, and military techniques involved.

This course obviously addresses the use of force in international law.  Accordingly, class instruction will inevitably include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

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.

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

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.

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

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. 

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.

 

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

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

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

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 course covers the basic rules governing the U.S. income taxation of international business and investment transactions. After a brief explanation of basic American income tax concepts, the principal rules of taxation relating to income of American taxpayers that is earned abroad, and the income of foreign taxpayers that is earned in the U.S., will be described and discussed. The course will then focus on how the United States’ rules interact with taxation systems in other countries, exploring the concepts of source of income and residence of the taxpayer, and their role in the tax rules relating to international trade. The course will also include consideration of the role of bilateral tax treaties as a means of promoting crossborder investments and international trade through the avoidance of international double taxation. The OECD model treaty will be examined as an illustration of the interaction between double tax treaties and domestic regulations. The course will also describe and discuss the role of transfer pricing in tax avoidance efforts by business taxpayers, especially U.S. multinational corporations.  Finally, the course will explore recent developments in the international effort to reduce tax-base erosion and income shifting among taxing jurisdictions.

This one-credit legal research seminar introduces students to sources and strategies for researching international, foreign, and comparative law. We cover multiple research techniques while exploring freely available and subscription-based access to both primary and secondary sources. Topical coverage includes treaty law, international and regional organizations, international courts and tribunals, and foreign legal research. Assignments will reinforce practical research strategies and processes, and students will practice evaluating print and online sources in a changing information environment. This is a required spring course for students enrolled in the J.D./LL.M. in Comparative and International Law. The class will meet for eight 90-minute sessions. Grades will be based on take-home exercises, class participation, and a final research project.

This course is intended to provide a broad introduction to key elements of American law. Emphasis will be placed on exploring contemporary constitutional issues and other issues involving fundamental principles of American law. Much of the focus will be on recent, and controversial, Supreme Court cases dealing with property law rights, affirmative action, the death penalty, punitive damages, the commerce clause, federalism, and separation of church and state. Special focus will also be given to developing a working understanding of the American litigation system, including reliance on pre-trial discovery, experts, and the jury system.

The Appellate Litigation Clinic is a yearlong clinic that offers students the opportunity to work on a federal appeal in a civil or criminal case involving complex, important legal questions. The clinic aims to advance the public interest and help secure access to justice for those who are underserved by the legal system. Because appellate practice focuses largely on legal research, brief-writing, and oral argument, students will receive intensive training in written and oral advocacy as they are practiced in some of the highest courts in the nation. Students will also engage in all the other critical aspects of appellate practice, including: meeting with clients, listening to them, learning to tell their stories, educating them (and co-counsel) about the substantive law and appellate practice, developing effective legal strategy, and identifying and addressing ethical concerns. Skills developed in the clinic will be directly transferable to trial-court litigation, regulatory work, government service, and many other career paths in the law.

Clinic students will work in teams to review the trial-court record, identify legal issues, conduct legal research, prepare research memorandums and outlines of arguments, participate in tactical decision-making, draft and edit briefs, and prepare for oral argument. Students will also collaborate on classmates’ cases and participate in the litigation of a variety of legal issues. Subject to the clients’ permission, court approval, and an argument date during the school year, a student will argue each appeal in court. A weekly seminar will include reflection on case work, instruction in appellate procedure and effective written and oral advocacy, and exploration of how to negotiate workplace power dynamics and ethical issues that new lawyers often face.

Enrollment is limited to third-year students (i.e., students who have completed four semesters of law school).

To allow students to experience the entire life-cycle of an appeal, from filing the notice of appeal through oral argument, the Appellate Clinic is a full-year clinic. Students enrolled in LAW 407 will therefore also be enrolled in LAW 408, Appellate Litigation Clinic (Spring). Students will receive 3 credits each semester.

As with other clinics, students are required to attend the clinic intensive training session, and the 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 before the enrollment period. Permission is required for LLM students to enroll but does not guarantee a spot in the clinic.

Clinics Enrollment Policy

Important:

Students are required to attend the clinic intensive training session. Students who have previously completed a clinic may skip some portions of the intensive.

International LLM students who wish to enroll in a clinic must seek the permission of the clinic's faculty director prior to the enrollment period. Permission is required to enroll but permission does not constitute entry into the clinic.

Ethics Requirement

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

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 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 10-12 hours a week, for a minimum of 100 hours (4 credits) or 125 hours (5 credits) of legal work during the semester. There is no paper and no exam. Students must be in at least their second 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.

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. Examples of ethics classes that meet the requirement include Ethics in Action: Large Firm Practice (LAW 231), Ethics of Social Justice Lawyering (LAW 237), Ethics and the Law of Lawyering (LAW 238), Ethics and the Law of Lawyering in Civil Litigation (LAW 239), Criminal Justice Ethics (LAW 317) and Ethics in Action (LAW 539).

This two or 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. Supervisors will work with advanced students to develop an advanced experience that meets the interests of both the students and needs of the clinic. Students enrolled in advanced clinical studies are required to participate fully in the case work and/or policy portion of the clinic, performing a minimum of 100 hours (2 credits), 125 hours (3 credits) or 150 hours (4 credits) of client representation work, but will not be required to attend the class sessions. A classroom component is available for students using advanced clinic to satisfy their experiential learning requirement.

This clinic develops counseling, litigation, and advocacy skills through direct representation of clients and policy advocacy. Our clients include journalists, individuals, and organizations of diverse points of view whose free speech rights have been abridged. Representative matters include: defamation defense; prepublication review of news articles, podcasts, and blogs; access to public records and meetings; social media blocking; and specialized appellate representation and amicus support. The clinic also provides commentary and legal analysis on pending or enacted legislation that implicates First Amendment freedoms. Students are directly supervised by the Clinic Director, the Supervising Attorney, and the Local Journalism Fellow. All enrolled students will be required to bill at least 100 hours a semester on client matters or other professional activities, as well as to participating in the weekly seminar and supervision meetings.

Important:

This course may not be dropped after the first week.

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

Ethics Requirement

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

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.

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. Students are required to have taken Human Rights Advocacy (offered only in the Fall) as a pre-requisite or co-requisite. There is no ethics requirement for this course. 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 for a minimum of either 100 or 125 hours of clinical work during the semester. This course may not be dropped after the first class meeting.

Enrollment Pre-/Co- Requisite Information

Students are required to have taken Human Rights Advocacy (offered only in the Fall) as either a pre-requisite or co-requisite. LL.M. students are eligible for enrollment in the Clinic in the Spring semester with instructor permission and should contact Prof. Huckerby to discuss eligibility requirements.

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, networking and working with experts. Although the mix of topics addressed varies among semesters, common themes 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.

Clinic Enrollment and Credit Policies

To enroll, law students must have completed their 1L year; Nicholas School students may enroll after their first semester with permission from the clinic's directors. 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

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

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.

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.

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 may 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 combines a substantive weekly seminar, case work, and weekly case supervision and instruction meetings. It is a one-semester course offered in both the fall and spring semesters and students will have an Advanced Clinic option.

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.

This course is available to students who have participated in one semester of the Immigrant Rights clinic and wish to participate for a second semester. Students may enroll only with approval of the Director of the Clinic.

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.

This course critically assesses the field of human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set using international law frameworks; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors. It addresses the role of human rights in social movements, including in addressing systemic racism, as well as the development of transnational human rights networks. It also considers issues such as how to resolve purported hierarchies and conflicts between internationally-guaranteed rights, efforts to decolonize the practice of human rights, and the ways in which populist and other forces also invoke human rights to further particular agendas. Drawing on case studies within the United States and abroad, it will examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the role of new technologies in human rights advocacy. In examining the global normative framework for human rights, this course focuses on how local, regional, and international struggles draw on, and adapt, the norms and tactics of human rights to achieve their objectives. Evaluation will be based on class participation and a final paper.

This class is a pre-requisite or corequisite for Law 437 International Human Rights Clinic.

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%).

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.

Recent Supreme Court decisions have ushered in a 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 other aspects of federal and state firearms law. 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 in-class participation and a choice between six short reaction papers or one thirty-page paper.

Corruption is one of the major factors inhibiting economic development and undermining governmental legitimacy.  Developed governments generally enforce rules prohibiting domestic corruption, but have historically been less concerned with (and even encouraging of) foreign government corruption.  The United States passage of the Foreign Corrupt Practices Act in 1977, which prohibits covered entities from bribing foreign officials, represents a major shift in this policy.  In the last fifteen years, most other major economies and economic institutions (the IMF, the World Bank) have followed suit, although enforcement has been inconsistent.  This seminar will examine the origins and evolution of this effort to regulate firms' relationships with foreign government officials.  The seminar explores the history, economics, and policy behind anti-corruption efforts and the major challenges ahead.  The seminar will engage academic articles that address the economic effects of corruption, the politics of anti-corruption enforcement, the variation in current anti-bribery agreements (the UN Convention Against Corruption and the OECD Anti-Bribery Convention), and influence of these rules on foreign investment and trade.  The seminar is designed to be very participatory, with students leading discussion. 

Students will be evaluated on a series of critique papers, leading a class discussion, and class participation. If students wish to write a paper on a topic related to the course materials, they may request the opportunity to complete an additional  two credit independent study.  A final paper cannot replace the critique papers.

NOTE: An additional 2 credits are available for students who wish to write a longer paper in order to satisfy the JD or JD/LLM Upper-Level Writing Requirement. Students wishing to take this option should enroll in Law 558W Foreign Anti-Bribery Writing Credit. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12) *LAW 558W MUST be added no later than 7^thweek of class.*

While enrolled in Law 558 Foreign Anti-Bribery Law, students have the option to take 2 additional credits in order to satisfy the JD or JD/LLM Writing Requirement. These credits will count towards the Independent Study Research Credit Limit (Rule 3-12). This section will meet in-person on schedule to be determined. The instructor will meet online with any student who prefers that. Students will be placed in groups of 2 or 3 students for a writing group. The instructor will meet with each writing group separately. *LAW 558W MUST be added no later than 4th week of class.*

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, including those who appreciate that the U.S.’s $849 billion ($2 trillion in defense outlays worldwide) impacts 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 domestic authority for the use of force overseas, governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues and environmental matters 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 (8th ed., 2024). Other materials may be provided as necessary. The instructor will offer practical, real-world perspectives on the issues discussed based on their extensive careers in government.

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.

The course is expected to include guest speakers. 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. The course paper may fulfill the Substantial Research and Writing Project with instructor approval, 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 and/or brief oral presentations).

The Public Law Colloquium is the flagship offering of the Richard A. Horvitz Program in Constitutional and Public Law. The goals of this two-credit Colloquium are to expose students to the academic enterprise, by workshopping works-in-progress by leading law professors, and to develop deeper knowledge in a particular area of public law. The theme of the Colloquium in Fall 2023 will be “Judicial Power,” including topics such as law and equity, justiciability of disputes, the relationship between judicial and administrative adjudication, judicial remedies, and the nature of judicial decisionmaking.

The Colloquium will revolve around six workshops in which professors from other law schools will present works-in-progress falling within the broad theme of the course. Those workshops will meet in the lunch hour on alternate Thursdays. Students will be expected to engage with the speaker and with each other in discussion. Faculty interested in these topics also will be invited to attend and participate in the discussions. On the off-weeks, the class will meet with the instructors on Thursday afternoons (4 to 5:50 pm) to discuss the paper for the next workshop. These classes will develop the general legal area that the paper addresses; we will assign background reading in that area to enhance understanding of the paper’s argument.

The Colloquium will be graded. Students will have two “deliverables”: Prior to each workshop, students will submit two detailed questions for the author about the paper. (Students will then be expected to ask at least one of their questions at the workshop.) And each student will select one of the papers and write a substantial essay responding to or critiquing it. Grades in the course will be a function of these two deliverables with a significant component for the student’s participation in workshops and off-week discussions. Students wishing to expand their paper to satisfy the requirements of the Law School’s Substantial Research and Writing Project may do so as an independent study in the spring semester.

This course will examine the social, political, and legal forces that shape race relations in the United States. Students will engage competing visions of racial equality through law by examining major civil rights issues such as affirmative action, voting rights, and mass incarceration. This course will also highlight the limitations of law in racial reform and will consider the ways in which law can perpetuate race, gender, and class hierarchies. The course’s readings will draw from a wide range of interdisciplinary materials. Evaluation will be based on class participation and an examination.

The Course will

• Provide an overview of development challenges in Low and Middle-Income Countries and the shared global responsibility under the UN Agenda 2030 to reconcile economic, social, and ecological objectives.
• Focus on the roles of and partnerships between actors of development finance, such as government agencies, multilateral development banks, foundations, NGOs, and the private sector, particularly social entrepreneurs and impact investors.
• Familiarize students with development finance instruments, such as budget aid, grants, loans, and blended finance mechanisms.
• Address critical views on aid effectiveness.
• Highlight policies in developed countries incoherent with the objectives of development assistance.

Requirements for one credit:

• Two 3-page essays: the first to be submitted on or before September 14, 2023 (15% of final grade); the second to be submitted on or before October 5, 2023 (15% of final grade)
• One 10-page paper to be submitted on or before December 1, 2023 (40% of final grade)
• Active participation in class discussions (30% of final grade)
• There will be no final exam

Requirements for a second credit (optional):

• Online presentation to professor of approx. 25 minutes
• Topic in the field of Development Finance proposed by student
• Time of presentation between November 6^th and 24^th, 2023 (date to be determined by student and professor)
• Written outline of presentation and bibliography to be submitted to professor no later than three days prior to presentation.
• Grading: CR/NC

When concurrently enrolled in LAW 591 Development Finance Project, a student may enroll in this additional credit.

Requirements for a second credit:

• Online presentation to professor of approx. 25 minutes
• Topic in the field of Development Finance proposed by student
• Time of presentation between November 6^th and 24^th, 2023 (date to be determined by student and professor)
• Written outline of presentation and bibliography to be submitted to professor no later than three days prior to presentation.
• Grading: CR/NC

This three-credit integrated externship will immerse students in the theory, practice, and politics of Movement Lawyering. The course proceeds in two parts: a weekly seminar and partner work. In the seminar, students learn the foundations and tactics of movement activism and discover how lawyers work with social movements to build power and create change. In the partner work portion, students are paired with lawyers and organizers from around the Southeast to produce legal analyses, policy papers, legislative reviews, rapid response documents, outreach materials, and more, with a special emphasis on racial and reproductive justice. Past and current projects include:

• Data collection and analysis on local police budgets
• Legal research on the viability of decarcerating people imprisoned during the War on Drugs
• Background research for a bill outlawing unauthorized pelvic exams in teaching hospitals
• Drafting a policy paper on the family policing system (often called the foster care system) and convening a working group
• Compiling geographic and demographic information for a project on infrastructure justice and food apartheid

Course enrollment is by application. Students interested in applying for the course should submit their CV and an approximately one-paragraph statement of interest about their background and why they would like to enroll in the course.

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

GRADING: Grades are based on an exam.

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

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

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

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

This two credit course will examine the role race has played since the birth of the United States in driving immigration policy both in terms of who is permitted to enter the United States and who is targeted for detention and removal. Topics will include the Chinese Exclusion Act, the national origin quota system, Japanese internment, the Bracero program, post-9/11 registration, expansion of immigration enforcement through the criminal justice system, border policy, and the narratives constructed around Latinx, Black, Asian, and White immigration. We will also analyze the roles Congress, the executive branch, the courts, and the public have played in creating and responding to these policies. Students will be required to engage with written and other documentary material through drafting regular blog posts, commenting on other students’ posts, and a final substantive research paper.

Students must take this course, or U.S. Immigration and Nationality Law (LAW 351), prior to or during enrollment in the Immigrant Rights Clinic

This course intends to cover three modules: researching the Chinese legal system, researching legal and political authorities in China, and specialized law and policy research topics. Students will receive a toolkit to research a wide range of topics on mainland China, covering important resources and tactics in law and policy-related fields at both the general and granular levels. Students interested in learning about the fundamental legal framework and the methodologies and tools available for carrying out theoretical and practical Chinese legal studies may find this course useful. Students will be assessed on the basis of class participation, in-class exercises, homework assignments, and a final project. JD, LLM, and other Graduate or Professional Students at Duke are welcome to take this course. 

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