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 filters138 courses found.
Course Number Course Title Course Credits Degree Requirements Semesters Taught Methods of Evaluation

101

Foundations of Law 1
  • JD 1L
  1. Fall 17
  2. Fall 18
  3. Spring 20
  • Final Exam

This year-long, signature course exposes all first year students to foundational legal concepts, themes and issues in the study of law. This is a one credit course.

110

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

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

120

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

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.

130

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

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

140

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

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.

160AB

Legal Analysis, Research & Writing 4
  • JD 1L
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages

An introductory study of the various forms of legal writing and modes of legal research. Through an integrated approach to writing and research, the course begins by analyzing the components of judicial opinions and ends with the students independently researching and writing a sophisticated appellate brief. The principal goal of this course is the mastery of the basic tools of legal analysis, the principles of legal writing, and the techniques of legal research using both print and online resources.

This is a year-long course.  Upon successful completion of the Fall and Spring semesters, students are awarded four credits and graded on numerical scale.  A grade of Credit (CR) or No Credit (NC) is given after the Fall semester.

170

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

A study of the law of property, its objectives and its institutions. This course investigates how property rights and institutions affect resources, prosperity, fairness, freedom, community, and the sometimes conflicting interests of individuals, groups, and governments, in specific applications such as land, possessions, energy, environmental resources, ideas, music, the family, and the self. The course examines doctrines such as acquisition, exclusion, transfer, estates and future interests, covenants and easements, trespass and nuisance, zoning, landlord-tenant and housing law, and compensation for government takings of property.

180

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

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

201

Legal Writing: Craft & Style 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Practical exercises
  • Class participation

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

The workshop might be particularly useful to:

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

218

Comparative Law 3
  • JD elective
  • LLM-ICL (JD) required
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Fall 18
  • Final Exam

This course has two aims. On a practical level, we will learn about the differences and similarities, both real and perceived, between different legal orders. We will focus on legal orders within the "civil" and "common" law and try to find out in which way it makes sense to conceive of them as "the Western Legal Tradition". On a theoretical level, we will try to understand what it means to "compare", and how it can help us both to understand other legal systems as well as our own.

225

Criminal Procedure: Adjudication 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • 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 18
  3. Spring 19
  • 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.

227

Use of Force: Cyber, Drones, Hostage Rescues, Piracy, and more 2
  • JD SRWP, option
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Reflective Writing
  • Research paper option, 25+ pages
  • Research and/or analytical paper(s), 20+ pages
  • Oral presentation
  • Class participation

This fall-only seminar is designed to introduce students with limited familiarity with international law to principles involved in the use of force during periods of putative peace.  It will explore what circumstances constitute an “act of war” in variety of situations, to include cyberspace. 

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, 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 weaponry will be explored.

Case studies and current news events will be examined in conjunction with the covered issues.  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.

There is no examination, but a 20-page paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements. provided it is at least 30 pages in length.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require the preparation of short, written products.

229

State and Local Government Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. 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.

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.

237

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

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

238

Ethics and the Law of Lawyering 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Final Exam
  • Class participation

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

 

242

Social Justice Lawyering 2
  • JD SRWP with add-on credit
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Reflective Writing
  • Group project(s)
  • Class participation
  • Other

Working for social justice is an important part of the professional obligations of all lawyers, and for many law students, their initial motivation for pursuing a legal education. This course is designed to introduce students to the ways in which lawyers committed to social justice engage with communities, individual clients, social and political causes and legal systems to help effect social change. We will examine the types of lawyers working toward social justice, the ways in which lawyers help shape claims in social justice cases, and finally, how lawyers use their skills and training to engage in political struggles and movements to achieve social justice for the communities, causes, or individual clients that they represent.

Through readings, discussion, and independent studies of legal cases and movements in social justice, students will explore different models of social justice lawyering and the barriers present both in the representation of under-served communities and in pursuing a career in public interest law. Students will also have an opportunity to explore more deeply how they plan to be a lawyer engaged in social justice work, either in their pro bono or full-time future practice.          

While enrolled in Law 242 Social Justice Lawyering, with prior professor approval, students may enroll in Law 242W Social Justice Lawyering, Writing Credit and submit a 30-page research paper and earn an additional one credit for the course. The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement. This paper is in addition to all the other course requirements, including the five written assignments, but may be related to your case study presentation. You must meet with Professor Gordon or McCoy by the second week of class if you would like to seek this additional credit and plan to use this paper to satisfy one or more of these requirements.

242W

Social Justice Lawyering, Writing Credit 1
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Research paper, 25+ pages

While enrolled in Law 242 Social Justice Lawyering, with prior professor approval, students may submit a 30-page research paper and earn an additional one credit for the course.  This paper is in addition to all the other course requirements, including the five written assignments, but may be related to your case study presentation.

The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement.  You must meet with Professor Gordon or McCoy by the second week of class if you would like to seek this additional credit and plan to use this paper to satisfy one or more of these requirements.

Social Justice Lawyering is a co-requisite.

 

245

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

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

250

Family Law 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam
  • Practical exercises
  • Class participation

A study of legal and policy issues relating to the family. Topics include requirements for marriage, nontraditional families, obligations at divorce, establishing parenthood, and adoption. Grading is based on a final examination, class participation, and written work relating to a visit to family court and completion of a divorce settlement exercise.

255

Federal Income Taxation 4
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Final Exam

An introduction to federal income taxation, with emphasis on the determination of income subject to taxation, deductions in computing taxable income, the proper time period for reporting income and deductions, and the proper taxpayer on which to impose the tax.

265

First Amendment 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

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

270

Intellectual Property 4
  • JD elective
  • LLM-LE (JD) required
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • IntllLLM IP Cert
  1. Fall 17
  2. Fall 18
  3. Spring 19
  4. Spring 20
  • Final Exam

A comprehensive introduction to the principal theories of trademark law and unfair competition, copyright law, patent law, and related state and federal doctrines.

275

International Law 3
  • JD elective
  • LLM-ICL (JD) required
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam

This course offers a general introduction to the international legal system and provides a foundation for more specialized courses. Topics covered include the sources, actors and institutions of international law; the application of international law by U.S. courts; adjudication by international tribunals; the extraterritorial application of domestic law; and an introduction to specific topics, such as human rights, international criminal law, international trade and investment, environmental protection, and the use of force.

290

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

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

300

U.S. Legal Analysis, Research and Writing for International Students 2
  • IntlLLM NY Bar
  • IntlLLM required
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages

In this foundational course, students learn legal reasoning, research skills and predictive legal writing. The course trains students to research, analyze, and present issues in the US common law style, preparing them for law school exams and any future work they might do with US attorneys. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students complete two office memoranda that focus on questions of both state and federal law. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

302

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

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

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

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

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

306

Corporate Crime 4
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  2. Spring 18
  3. Spring 20
  • Final Exam
  • Class participation

This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice. The course will give students a first exposure to: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers involved in potential criminal violations (and certain civil analogues); and (2) the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context.

This field is large, complex, and developing rapidly. This course therefore can cover only a selection of topics, and will emphasize policy and the need to confront gaps and uncertainty in doctrine. As there is no unitary body of black letter law in this field, this is not that kind of course. Coverage is likely to include mail and wire fraud, perjury and obstruction of justice, securities fraud (including insider trading and accounting fraud), the Foreign Corrupt Practices Act, corporate criminal liability, grand jury powers and procedure, representation of entities and individuals, the Fifth and Sixth Amendments in the corporate context, plea and settlement agreements, and sentencing.

The materials consist of a course pack and occasional handouts. Assigned reading averages about 80 pages per week. The grade will be based primarily on a take home exam, with some weight given to class participation. Use of laptops, smartphones, tablets, and the like will be prohibited during class meetings.

311

Election Law 3
  • JD elective
  • JD SRWP
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. 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
  • 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.

 

317

Criminal Justice Ethics 2
  • JD elective
  • JD ethics
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Spring 20
  • 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.

320

Water Resources Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  • IntlLLM Environ Cert
  • PIPS elective
  1. Spring 20
  2. Spring 18
  3. Spring 19
  • Research paper, 25+ pages

This survey course studies the legal and policy issues governing water resource allocation in the United States. Students will be introduced to both the Prior Appropriation systems of the western United States and the Reasonable Use systems dominating the eastern states. We will study the law applied to groundwater use as well as issues of federalism. Examples from disputes around ACF basin and the Colorado River will be contrasted. We will examine the issues from the perspective of different user groups.

 

327

Energy Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

The course will examine the legal framework governing energy production and consumption in the United States, and policy approaches for balancing energy needs with other societal goals. The course will include three main modules: (1) electricity sector regulation; (2) energy resources for electricity generation; and (3) oil and gas law. Key themes will include:

(1) The historic origins of public utility regulation;
(2) The major U.S. laws that govern energy production and use;
(3) The distinct roles of the federal and state governments; and
(4) Efforts to manage competing societal interests.

328

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

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

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

329

Education Law 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. 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. Spring 18
  2. Fall 18
  3. Spring 20
  • 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.

 

331

Introduction to Privacy Law and Policy 3
  • JD elective
  • LLM-LE (JD) elective
  • LLMLE (1 yr) elective
  • IntlLLM/SJD/EXC elective
  • IntllLLM IP Cert
  1. Spring 19
  2. Spring 20
  • Final Exam
  • Class participation

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

334

Civil Rights Litigation 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Final Exam
  • Practical exercises
  • In-class exercise
  • Class participation

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

337

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

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

338

Animal Law 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  1. Spring 18
  2. Spring 19
  3. Spring 20
  • Reflective Writing
  • Class participation

This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates. It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws.

339

Law and Literature 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 19

This course concentrates on possible relationships between law and literature. The major themes will be depiction of law and lawyers in popular and highbrow fiction; relationship between the interpretation of legal and literary texts; law in utopia and dystopia; crime and punishment; romantic conception of authorship in copyright, interpretation, and social theory. The course involves considerable reading, including works from some of the major academic debates in the ''law and literature movement'' and from cognate debates in legal interpretation.

342

Federal Courts 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Spring 20
  3. Spring 18
  4. Spring 19
  • Final Exam

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

343

Federal Courts I: Constitution & Judicial Power 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  • Final Exam

This installment focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, and finality), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies).

This installment also focuses on the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the parameters of federal question jurisdiction.

344

Federal Courts II - Public Law Litigation 3
  • JD elective
  • IntlLLM NY Bar
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Final Exam

This installment addresses a broad variety of public law litigation, including private rights of action to enforce federal statutes and constitutional litigation against federal and state governments and their officials. We will give significant attention to both federal and state sovereign immunity, as well as to doctrines of qualified and absolute immunity that protect individual government officers. The course also discusses the roles of state and federal courts in hearing public law litigation, including principles of judicial federalism limiting federal court interference with state judicial proceedings. We conclude with an extensive unit on federal habeas corpus remedies, including both challenges to federal executive detention (including the War on Terror cases) and collateral attack on state criminal convictions.

Federal Courts I (Fall 2015) is not required.

345

Gender & the Law 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. 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."

347

Health Care Law and Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Spring 19
  3. Spring 20

A survey of the legal environment of the health services industry in a policy perspective, with particular attention to the tensions and trade-offs between quality and cost concerns. Topics for selective study include access to health care; private and public programs for financing and purchasing health services; the economics of health care and health care costs; the role of professionalism versus the new commercialism in health care; the legal and tax treatment of not-for-profit corporations; regulation of commercial practice in professional fields; fraud and abuse in government programs; the application of antitrust law in professional fields; the internal organization and legal liabilities of hospitals; public regulation of institutional providers, including certification of need; personnel licensure; private personnel credentialing and institutional accreditation; liability for medical accidents; legal liabilities associated with the administration of health benefits; and public regulation of managed-care organizations. Study of the diverse legal problems encountered by a single industry, particularly one as important, complex, and intrinsically interesting as health care, may appeal to students generally interested in public policy and in law and economics as well as those with specific interests in the health care field.

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
  • Final Exam
  • Class participation

 This course will examine the role of social movements in the development of U.S. constitutional law. Conventional theories of judicial independence do not define a legitimate role for social movements, but recent advances in legal scholarship have underscored the co-constitutive relationship between law and social movements. Accordingly, this course will explore how participants in social movements engage the Constitution and how these encounters shape constitutional doctrine, social institutions, public discourse, and movements themselves. We will investigate the processes of mobilization and counter-mobilization and reflect on how movements often spur constitutional change through means other than constitutionally specified procedures. We will also consider why movements fail and will critically analyze rights-based approaches to reform. The course will place particular emphasis on the involvement of social movement actors in the transformation of civil rights law. 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. Fall 17
  3. Spring 19
  • 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.

359

Introduction to Law and Economics 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  1. Fall 17
  • Final Exam

Law and economics is one of the most influential schools of thought in modern legal theory. The ideas propounded by the economic analysis of law are gaining increasing traction in court decisions as well as in legal policy. This course explores the methodology of economic analysis in the legal context and discusses several of its provocative insights. This course will examine the major contributions of the economic analysis of law in the classical common law categories of contract, tort and property, as well as in other areas that may not initially appear to be amenable to economic reasoning. The course does not require any background in economics.

Grades: 100% of the grade will be based on the final exam.

363

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

394A

Past and Future of Capitalist Democracy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17

Democracy, equality, capitalism, and progress are framing ideas so fundamental today, yet all four are coming under various kinds of pressure. Does democracy work? What does equality mean? Is capitalism sustainable, ecologically or socially? Is progress real, and, if it is, can it also go backward? This seminar examines this issue through an historical examination of these four ideas. We will focus on competing understandings of the relationship between the political order (today widely assumed to be democratic in some form if it is to be legitimate) and the economic order (today widely assumed to be a version of free-market capitalism). Throughout, we will consider how conceptions of progress and equality provide essential support for versions of these accounts of the relationship between economics and politics. This is a year long course.

394B

Past and Future of Capitalist Democracy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 17
  2. Spring 18

Democracy, equality, capitalism, and progress are framing ideas so fundamental today, yet all four are coming under various kinds of pressure. Does democracy work? What does equality mean? Is capitalism sustainable, ecologically or socially? Is progress real, and, if it is, can it also go backward? This seminar examines this issue through an historical examination of these four ideas. We will focus on competing understandings of the relationship between the political order (today widely assumed to be democratic in some form if it is to be legitimate) and the economic order (today widely assumed to be a version of free-market capitalism). Throughout, we will consider how conceptions of progress and equality provide essential support for versions of these accounts of the relationship between economics and politics. This is a year long course.

395

Distinctive Aspects of U.S. Law 2
  • IntlLLM NY Bar
  • IntlLLM required
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Final Exam

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.

399

Forensic Psychiatry 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. 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 17
  2. Spring 18
  3. Fall 18
  4. 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 18
  2. 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.

405

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

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

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

 

407

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

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

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

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

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

Important:

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

408

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

Spring continuation of Appellate Litigation Clinic.

420

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

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

421

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

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

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

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

422

Criminal Trial Practice 3
  • JD elective
  • JD experiential
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Spring 18
  4. Fall 18
  5. Spring 19
  6. Spring 20

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 full jury trial with teams of two students on each side. At the end of the trial, the jury deliberates while students observe. 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.

In the Fall, this class lasts all semester. In the Spring, this course follows the schedule for the three sections that cover both civil and criminal trials. See Law 420.

425

Pretrial Criminal Litigation 1
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • 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. 

437

International Human Rights Clinic 5
  • JD elective
  • JD experiential
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project(s)
  • Practical exercises
  • 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.

443

Environmental Law and Policy Clinic 4
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • IntlLLM Environ Cert
  • PIPS elective
  • PIPS experiential
  1. Fall 17
  2. Spring 18
  3. Fall 18
  4. Spring 19
  5. Fall 19
  6. Spring 20
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

Under the supervision of the clinical faculty, students will work on current case and policy advocacy priorities as determined by the Clinic's Intake Board. Cases and issues undertaken by the Clinic may include the following subject areas: water quality, air quality, natural resources conservation, endangered species, agriculture, sustainable development, public trust resources and environmental justice. Practical skills training will emphasize skills needed to counsel clients, examine witnesses and to advocate effectively in rulemaking and litigation settings. Generally, students may only enroll in the clinic for 1 semester, but may enroll for 2 semesters with the permission of the instructor if space permits. All enrolled students will be required to provide a minimum of 100 hours of work per semester to the clinic. In addition, students must participate in weekly group training meetings as well. The clinic office is located in the law school building. Law students must be in at least their fourth semester of law school to enroll in the clinic. Nicholas School students must be in at least their second semester.

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 Environmental Law and Policy 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).

443A

Advanced Environmental Law and Policy
  • JD elective
  • JD experiential
  • PIPS elective
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

This variable-credit course is available to students who have participated in one semester in the Environmental Law and Policy 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 at least 100 hours of client representation work (or more, depending on credit hours), but will not be required to attend the class sessions.

470

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

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

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

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

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

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

471

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

SciReg Lab teaches students about the use of emerging science and technology in the regulatory agencies through the drafting and submission of comments to federal rule-makings. The comments will be unaligned with any party and are intended to provide the regulatory agencies with unbiased, current, accurate and coherent information about the science underlying the proposed rule. The course is cross-listed in the Law School and Graduate School and the students will be drawn from the sciences, ethics, policy and law to work in interdisciplinary teams. The course will begin with a brief overview of notice-and-comment rulemaking, and how to translate scientific information into the language of courts and agencies. The ethical issues presented by this process will be an important component of the course content. With the assistance of faculty, the students will track pending rulemakings and select proceedings in which to file a comment. A background is science is recommended, but not required.

472

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

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

Our cases for Fall 2019 include:

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

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

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

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

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

473

Scholarly Writing Workshop 3
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Research paper, 25+ pages
  • Class participation
  • Other

In a workshop led by a faculty member, students will produce an original analytic paper of substantial length (ordinarily at least 30 pages). Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. Papers produced in the workshop are expected to satisfy the JD or LLM substanial research and writing project requirement.

In the workshop, participants will learn about the conventional features of academic legal writing, conduct research into and hone their topics, write and give each other feedback on first and second drafts, and complete a final draft of their paper. The faculty member leading the workshop will also provide feedback and will, as appropriate to each participant's paper topic, facilitate introductions to other faculty who may be of assistance.

Because of the nature of this course it is exempt from Rule 3-1’s median requirement.  Nevertheless, the expectation is that work produced in the workshop will be very strong.

 

493

Wrongful Convictions Clinic 4
  • JD elective
  • JD experiential
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Practical exercises
  • In-class exercise
  • Live-client representation and case management
  • Class participation

The Wrongful Convictions Clinic is an investigative and litigation clinic.  With the assistance of supervisors, outside counsel, and other professionals, students work in teams to help free innocent inmates in North Carolina by developing their claims of innocence and, when necessary, pursuing relief on their behalf in state and federal court.  Each team of students,  under the supervision of Clinic faculty, undertakes a wide range of work, which can include corresponding and meeting with the client, identifying and interviewing witnesses, developing an investigative and legal strategy for advancing the client’s case, researching and drafting complex complaints and briefs, assisting in court proceedings, and, eventually, assisting the client in transitioning from wrongful imprisonment to freedom.

The seminar component of the Clinic examines the principal factors that contribute to wrongful convictions (e.g., mistaken eyewitness identification, false confessions, faulty forensic evidence, incompetent defense counsel, and police and prosecutorial misconduct) and offers training in relevant investigative and litigation skills ( e.g., interviewing, writing, and analysis of various forms  of evidence).

Clinic students must attend an all-clinics’ intensive training day scheduled early in the semester and, over the semester, perform a minimum of 100 hours of client work (in addition to weekly seminar preparation and attendance).

494

Advanced Wrongful Convictions Clinic
  • JD elective
  • JD experiential
  • PIPS experiential
  1. Fall 19
  2. Spring 20
  3. Fall 17
  4. Spring 18
  5. Fall 18
  6. Spring 19
  • Group project(s)
  • Practical exercises
  • Live-client representation and case management
  • Class participation

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
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Oral presentation
  • Practical exercises
  • Class participation

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

 

504

Critical Race Theory 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  2. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Oral presentation
  • Class participation

Critical race theory (CRT), a scholarly movement that began in the 1980s, challenges both the substance and style of conventional legal scholarship.  Substantively, critical race scholars (“race crits”) reject formal equality, individual rights, and color-blind approaches to solving legal problems.  Stylistically, race crits often employ new methodologies for legal scholarship, including storytelling and narrative.  This course introduces CRT’s core principles and explores its possibilities and limitations.  With a heavy focus on writings that shaped the movement, the course will examine the following concepts and theories: storytelling, interest convergence theory, the social construction of race, the black-white paradigm, the myth of the model minority, intersectionality, essentialism, working identity, covering, whiteness and white privilege, colorblindness, microaggressions, and implicit bias.  Students will apply these theories and frameworks to cases and topics dealing with, among other things, first amendment freedoms, affirmative action, employment discrimination, and criminal disparities and inequities.  The course affords students an opportunity to think about the ways in which racism, sexism, classism, and heterosexism are inextricably interwoven as well as an opportunity to challenge critically our most basic assumptions about race, law, and justice.

505

Criminal Justice Policy Lab 2
  • JD SRWP, option
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 18
  2. Spring 20
  • 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
  • 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, aggression, torture, "terrorism" offenses, and drug trafficking.  Particular attention will be focused on the issue of jurisdiction over those offenses (and immunities to such jurisdiction), including the jurisdiction of domestic criminal courts, military tribunals (such as the International Military Tribunal at Nuremberg after World War II, and the current military commissions at Guantanamo Bay, Cuba) and international criminal courts (such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court).

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.

516

Democracy and the Rule of Law 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 20
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This 2-credit seminar co-taught by Jack Knight and Mat McCubbins will provide an overview of the normative and positive issues associated with modern democracies and their legal systems. Students will explore questions related to the debate over what are the fundamental components of democracy and the rule of law. These questions include: does democracy require elections? Do elections need to be free, fair and frequent? Are there unalienable rights, protecting personal and civic freedoms, that are essential for a democratic system of government? How does one define the rule of law? Is the rule of law a necessary condition for democracy? Grades will be based on attendance and participation (20%), six 3-page papers due roughly every other week (60%), and one 8-page final paper due at the middle of finals week (20%). (Six 1-page papers (20%) and a 20-page paper (60%) can serve as an alternative.)

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.

536

The Presidency and Criminal Investigations 1
  • JD SRWP with add-on credit
  • JD elective
  • PIPS elective
  1. Spring 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

Recent developments have brought to the fore a collection of legal issues, some novel and others dormant for many years, relating to the interaction of the criminal investigative process with the White House and the presidency.  The seminar will discuss the legal boundaries around the criminal justice process’s interaction with the White House, while exploring larger themes about the office of the presidency and the constitutional structure of the national government.  The course will be structured around six relatively stand-alone topics:  (1) Independent and special counsels and their interaction with congressional investigations; (2) The grand jury, immunity, the Fifth Amendment privilege, and perjury/obstruction of justice, as they relate to White House investigations; (3) Representing the president:  attorney-client privilege, the White House counsel, and the private defense bar; (4) Executive privilege and potential executive immunity from indictment, trial, conviction and/or sentence; (5) The pardon power; and (6) The law of impeachment.
Students will be expected to lead one class meeting discussion during the semester, and a total of 15 pages of writing will be required. Students may elect to write four response papers of approximately four pages each, or one longer paper at the end of the semester of at least 15 pages.  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, and this research project may be used to satisfy the upper-level writing requirement.

536W

The Presidency and Criminal Investigations, Writing 1
  • JD SRWP
  • JD elective
  • PIPS elective
  1. Spring 18
  • Research paper, 25+ pages

While enrolled in LAW 536 The Presidency and Criminal Investigations, students may submit a significant research paper and earn an additional one credit for the course. 

537

International Human Rights Advocacy Seminar 2
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 19
  2. Fall 17
  3. Fall 18
  • Research paper, 25+ pages
  • Class participation

This course critically assesses the field of international human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set; 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.  Drawing on case studies within the United States and abroad, the course will also examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the opportunities and challenges of new technologies in human rights advocacy. 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.

541

Nonprofit Organizations 3
  • JD elective
  • LLM-LE (JD) elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • Final Exam

The subject of the course is the diverse sector of the economy composed of nonprofit organizations. The topics to be covered include their economic function, governance issues, the tax laws covering them, abuses of their special status, and policy issues regarding them.

545

Urban Legal History 3
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM writing, option
  1. Spring 20
  2. Fall 17
  • 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 18
  3. Spring 19
  • 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.

552

Law and Economics of Chinese Capitalism 2
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 19
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Group project(s)
  • Class participation

China’s transformation from a planned economy to the most capitalist country in the world, despite the absence of a well-functioning legal system, at least from the western perspective, raises numerous questions. This seminar endeavors to understand Chinese capitalism from the law and economics perspective. What is the constitutional and private legal foundation of Chinese capitalism? What is the role of law in Chinese society and business? What roles has law played in the different stages of China’s market transition and different sectors of Chinese economy?  

This course takes an integrative, evolutionary, and comparative approach. Firstly, it integrates studies of black-letter law with observations of Chinese society. In particular, it explores whether and how black-letter law is implemented in reality through a series of case studies in property, corporate governance, constitutional review, etc. Secondly, it investigates the evolution of Chinese law to deepen our understanding on Chinese law and also shed light on its future direction in a rapidly shifting environment. Thirdly, it takes China as a comparative case study to enhance our understanding of law and market institutions.

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

558

Foreign Anti-Bribery Law 2
  • JD SRWP with add-on credit
  • JD elective
  • LLM-ICL (JD) elective
  • IntlLLM/SJD/EXC elective
  1. Fall 19
  2. Fall 18
  • Reflective Writing
  • Oral presentation
  • Class participation

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 7thweek of class.*

558W

Foreign Anti-Bribery Law, Independent Study 2
  • JD SRWP
  • JD elective
  • LLM-ICL (JD) elective
  1. Fall 19
  2. Fall 18
  • Research paper, 25+ pages
  • Add on credit

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) *LAW 558W MUST be added no later than 7thweek of class.*

 

561

Tax Policy 3
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 18
  2. Spring 19
  3. Spring 20

This three-credit seminar will feature weekly presentations (eleven in total) of works-in-progress on a wide range of tax policy topics, by leading tax academics from law schools around the country. The seminar will meet twice each week--first to discuss the paper prior to the arrival of its author, and a second time to discuss the paper with the author. Students will write a reaction paper (of approximately three pages) for each work-in-progress. Grades will be based on the reaction papers and on contributions to the seminar discussions.

562

Sentencing & Punishment 2
  • JD SRWP
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Fall 17
  2. Fall 18
  3. Fall 19
  • 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.

566A

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

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

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

566B

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

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

567

Identity, Politics, and the Law: Seminar 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  1. Spring 20
  2. Spring 18
  • 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.

568

Colloquium: Judicial Process 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • PIPS elective
  1. Spring 18
  • Reflective Writing
  • Class participation

This course will be devoted to exploring cutting-edge issues related to how U.S. courts operate, and how judges reach the decisions that resolve individual disputes and shape our law.  We expect to cover such topics as the role that personal characteristics (including race, gender, and ideology) play in judicial decisionmaking, collegial interactions among judges on multimember courts, interactions among courts at different levels of the judicial hierarchy, mechanisms for judicial selection and retention, and the relationship between the judiciary and other branches of government. 

We will explore these and related topics by reading works in progress by experts in the field, who will join us in class for discussion.  Most classes will follow the format of a faculty workshop rather than a conventional seminar.  The authors will present their work, and we will then have extensive Q&A.  We expect that the articles will cover a wide array of methodologies and subfields within law and social science—some will be squarely within the empirical literature on judicial decisionmaking, some will fit more neatly into federal courts literatures, and others will focus on institutional design or judicial administration.  The goals of the course include developing your expertise in how judges make their decisions and how courts function, as well as exposing you to the work of a wide range of scholars and methodologies.

569

Health Law Colloquium 2
  • JD elective
  • IntlLLM/SJD/EXC elective
  • IntlLLM Business Cert
  • PIPS elective
  1. Fall 18
  • Reflective Writing
  • Research and/or analytical paper(s), 10-15 pages
  • Class participation

This Workshop features leading health law and policy scholars to discuss current topics in the field.  While no background is required, the workshop will expect students to discuss advanced and complicated matters of health policy with the figures who are leading national policy discussions.  Students will be required either to provide reaction papers to weekly papers or prepare a final research paper.

570

Criminology and Criminal Procedure 2
  1. Spring 18
  2. Spring 19
  3. 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.

573

Shaping Law and Policy: Advocacy and the Affordable Care Act 2
  1. Fall 19
  • Reflective Writing
  • Research and/or analytical paper(s), 15-20 pages
  • Class participation

This seminar will discuss how legal advocacy shapes law and public policy at the federal level, with particular emphasis on the last decade of history under the Affordable Care Act (ACA). It will draw upon case histories of public interest litigation, administrative law advocacy, legislative development, and popular opinion strategies to illustrate the legal community’s key levers in shaping recent health policy. Each weekly seminar will focus on one of the health policy issues addressed in the ACA, across its various stages of development and evolution. Topics will include the individual mandate, Medicaid expansion and waivers, insurance exchanges, employer mandates, insurer risk protections, and cost sharing reduction subsidies; as well as broader legal issues involving federalism, administrative rulemaking, standing, severability. and delegation to extra-legislative bodies. After a very brief immersion in the context of health policy history and the tools of the public law trade, the seminar will emphasize how attorneys and their allies can play either offense or defense as the later stages of policy debates shift. The ACA provides an organizing context and means to the broader end of examining how Washington-oriented attorneys and related legal advocates operate, while providing a quick introduction to a host of contemporary issues in health law and policy. Because the best way to be an effective advocate is first to understand the best arguments on both sides of a given issue, the seminar will provide a balanced representation of efforts by ACA defenders, opponents, and those in-between as they engaged in various regulatory and litigation activities to advance, negate, or alter the law’s original intentions. Study of the diverse and often-shifting legal problems encountered by a single industry, particularly one as important and complex as health care, may appeal to students generally interested in public policy and in law and economics, not just health care, as well as those interested in sharpening their skills in legal advocacy through involvement in litigation and administrative rulemaking.   

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 20
  2. Spring 19
  • 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.

579

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

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

579W

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

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

    580

    Law & Economics Colloquium 2
    • JD elective
    • LLMLE (1 yr) elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    1. Spring 19
    2. Spring 20
    • Reflective Writing
    • Class participation

    This research seminar will involve discussing some of the latest research at the intersection of the fields of law and economics. The research papers will deal with a wide variety of topics, depending on the speaker’s interests, such as the law and economics of contract law, corporate law, intellectual property, tax, constitutional law, or legislation. We will invite speakers who are doing some of the most cutting-edge interdisciplinary work in law to present their ongoing work to the seminar. Students will be asked to prepare, in advance, short reaction papers to the speakers’ work. The requirements for the class are completion of the reaction papers and active participation in the debates over the papers being presented. There will be one class meeting each week.

    582

    National Security Law 3
    • JD SRWP
    • JD elective
    • LLM-ICL (JD) elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Fall 19
    2. Fall 17
    3. Fall 18
    • Research paper, 25+ pages
    • Oral presentation
    • Class participation

    This fall-only course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture for its 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 $719 billion defense budget, along with $1.7 trillion in defense outlays worldwide impacts virtually all potential clients.

    The course analyzes 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, domestic security issues (to include the domestic use of the armed forces), security-based travel restrictions, the role of the Centers for Disease Control, the military justice system, civil-military relations, and the impact of national security issues on business transactions will be reviewed.

    There is no examination for this course, but a 30-page research paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor.  With instructor approval, the course paper may fulfill the Substantial Research and Writing Project or other writing requirements.  The remainder of the grade (35%) is based on the quality and frequency of class participation, and may require short, written products.

     

    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.

    585

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

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

    587

    Race and the Law 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • PIPS elective
    1. Spring 20
    • 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 18
    3. Spring 19
    • 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 18
    2. Spring 19
    • 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.

    611

    Readings 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM Business Cert
    • PIPS elective
    1. Fall 17
    2. Spring 18
    3. Fall 18
    4. Spring 19
    5. Fall 19
    6. Spring 20
    • Reflective Writing
    • Class participation

    This discussion course focuses on readings that explore connections between the law, the practice of law, the legal system, and issues of current societal importance or interest. Each section of the course is expected to have a different specific focus and different readings.

    Readings courses focused on public interest may count towards the Public Interest and Public Service Certificate.

    618

    Readings: Introduction to Health Law & Policy – What’s a Needle? and Other Foundational Questions 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 17
    2. Fall 18
    • Reflective Writing
    • Class participation

    This course offers a very broad yet brief introduction to the diverse and growing field of health law.  Team taught by six different instructors, this course designed both as a general overview to “everything you wanted to know about health law but were afraid to ask” as well as a gateway to Duke’s other offerings in health law and health policy.

    619

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

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

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

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

    619W

    Readings: Commercial Law and Society in Historical Perspective, Add-On Credit 1
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 20
    • Research and/or analytical paper(s), 10-15 pages
    • Add on credit

    Students have the option to complete an additional 15-page paper in Law 619 Readings: Commercial Law and Society in Historical Perspective for an additional credit. *LAW 619W MUST be added no later than 7th week of class.*

    677

    Duke Law in DC: Rethinking Federal Regulation 4
    • JD SRWP
    • JD elective
    • PIPS elective
    1. Spring 18
    2. Fall 18
    3. Fall 19

    This course is open to students participating in the Duke in DC integrated externship program (LAW 679: Duke Law in DC Externship). The Rethinking Federal Regulation course is a graded 4-credit weekly class that focuses on trends in regulatory philosophy, competing models for regulation, the nature of administrative rulemaking and enforcement of rules and regulations, and some of the sources of regulatory dysfunction. Students will develop critical analysis skills that are necessary to evaluate federal regulatory law, and will produce a 30-page final paper for the course. This course is open to second and third year law students, by permission only. For more information, please visit https://law.duke.edu/curriculum/dukedc/.

    679

    Duke Law in DC Externship 9
    • JD elective
    • JD experiential
    • PIPS elective
    • PIPS experiential
    1. Fall 17
    2. Spring 18
    3. Fall 18
    4. Fall 19

    This 9-credit externship is one of three components of the Duke Law in DC experience, which also includes a seminar course and a substantial research paper. With the support of the Externship Administrator, students seek and secure a full-time externship position with a non-profit or government agency or office in Washington, DC. Duke Law in DC externship students have the opportunity to gain substantial hands-on experience in order to advance their academic and professional development while working under the supervision of an attorney on high-quality real-life work assignments.

    Under the Duke Law Externship Program, a student must complete 50 hours of externship per externship credit; Duke Law in DC requires 450 hours of externship to be completed between the first day of classes and the last day of exams each semester. Students are required to submit bi-weekly reflection papers and hours logs to the Externship Administrator and course professor. Students will be graded on a credit/no credit basis, based on successful completion of the required externship hours and diligent submission of reflection papers and hours logs.

    The Duke Law in DC externship program is open to second- and third-year law students, by permission only.

    Please follow this link for details and rules governing externships: http://law.duke.edu/about/community/rules/sec3#rule3-25

    9 credits / credit-no credit grading basis

    702

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

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

    707

    Statutory Interpretation Colloquium 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    1. Spring 20
    • Reflective Writing
    • Research paper, 25+ pages

    The objective of the course is to introduce students to important issues concerning the theory and doctrine of statutory interpretation through exposure to cutting-edge legal scholarship. The colloquium will feature bi-weekly presentations of works-in-progress by leading scholars of statutory interpretation, legislation, and administrative law. In the week preceding each presentation, students will read and discuss foundational materials (a mix of academic commentary and case law) on topics related to the work-in-progress.

    Students may opt to prepare six short (5-10 page) papers in response to each work-in-progress, which would be due in advance of the presentation and used to stimulate discussion. Alternatively, students may write one longer research paper (roughly 30 pages) dealing with a topic of their choice related to the themes of the class. Students who take the latter option may use the colloquium to satisfy the upper-level writing requirement.

    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).

     

    717

    Comparative Constitutional Design 2
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    • Research paper, 25+ pages

    Recent constitutional reconstructions in various parts of the world have called new attention to the problems of institutional design of political systems. In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions?

    In the first half of the course, we will review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world. We will then examine particular features of institutional design in depth. These will include judicial review, presidentialism vs. parliamentarism, federalism, and the relationship of the national legal system to international law.

    718

    Social Choice Theory: Cost-Benefit Analysis and Beyond 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 19
    2. Spring 18
    • 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.

     

    719

    Rule of Law: Theory and Doctrine 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 17
    • Short Research Assignments
    • Class participation

    Some believe that recent developments in U.S. politics threaten "the rule of law."  This seminar aims to gain a clearer theoretical understanding of the "rule of law" as well as the related concept of democratic governance; and to see how far the twin ideals can be protected in doctrines of US constitutional law. In the theory part, we read seminal works, including Hart's Concept of Law, Fuller's Morality of Law, and Ely's Democracy and Distrust. We then address the doctrine not by a comprehensive treatment, which would be impossible, but rather by a focused discussion of difficult areas - including nondelegation, gerrymandering, judicial independence, corruption, and executive power.

    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.

    734

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

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

    740

    Data and Democracy 2
    • JD SRWP, option
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 19
    2. Spring 19
    • Research paper, 25+ pages
    • Class participation

    Russian interference of the 2016 presidential election and the 2018 midterm elections have exposed unprecedented vulnerabilities: shortcomings to national cybersecurity policy and the failure to develop effective cyber threat deterrents; underregulation of social media platforms and Internet governance; how best to safeguard voter data and consumer data; and what federal oversight of election administration and voting systems may be necessary while still respecting federalism principles and state sovereignty. Multiple intelligence reports have described the interference as an “influence campaign” that blended covert cyber operations, and overt propaganda and misinformation operations. This seminar will explore how best to address the legal and policy challenges posed by the foreign interference in U.S. elections. The course will explore how policy and corporate reform efforts can be shaped by the emerging fields of cyber ethics and data ethics. The seminar will include a close examination of intelligence reports, the Special Counsel’s indictments, and other original source material to better understand the nature of foreign interference in US elections. It will also include an in-depth discussion of interdisciplinary work authored by experts in multiple fields: data and information science, ethics, privacy law, cybersecurity, national security, federalism, state and local governments, corporate governance, election law and voting rights, media and communications law, internet governance, civil rights and civil liberties, international relations, and political science and political theory. For graduate students and law students, regular participation will be supplemented by additional reading assignments and more in-depth research requirements, including an expectation to pursue original source research.

    Graduate and law students will also meet separately with the instructor throughout the semester to discuss the supplemental reading assignments and research progress, and will have an opportunity to present their research findings at the conclusion of the semester.  This course may be used by law students to satisfy the Substantial Research and Writing Project degree requirement.

    753

    Law and Literature: Race & Gender 3
    • JD elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Spring 18
    2. Spring 19
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • 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 18
    3. Spring 19
    • 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.

    771

    Defamation and Privacy 3
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Fall 17
    • Research paper, 25+ pages
    • Class participation

    American law attempts to protect individual interests in personal dignity and to guarantee a robust system of free expression. Both concerns are implemented, in part, through the common law of dignitary torts, and US constitutional law addresses their overlap and potential conflict. This course will cover the torts of defamation, invasion of privacy, and intentional infliction of emotional harm, and the related constitutional doctrines that the Supreme Court has developed since 1964.

    774

    Taboo Trades & Forbidden Exchanges 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    2. Spring 19
    3. Spring 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.

    781

    Music's Copyright: A Historical, Incentives-Based, and Aesthetic Analysis of the Law of Music 3
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    • IntlLLM writing, option
    • IntllLLM IP Cert
    1. Spring 20
    2. Fall 17
    3. Fall 18
    • Reflective Writing
    • Research paper, 25+ pages
    • Oral presentation
    • Class participation

    This course will begin by exploring the historical structure of incentives in music and the changing economics of music production, including the preconditions for thinking of music as "property" and the gradual shift from patronage to a market-oriented system. It will then proceed to examine music's unusually complex and increasingly fraught relationship with copyright law. The fundamental notions of originality and illicit copying are at odds with both functional limitations and long-standing aesthetic practices in music, such as the long history of accepted borrowing. As a result, there is an unusual body of music-specific case law that features intriguing circuit splits, vigorous disputes about expert testimony and prior art, and specialized doctrinal issues. Students will gain an in-depth knowledge of these issues, and their application in prominent cases involving the songs "Blurred Lines," "Stairway to Heaven," and Katy Perry's "Dark Horse," as well as pending disputes over Lizzo's "Truth Hurts" and "Baby Shark," and then apply this knowledge in a mock trial. The course will also cover the complicated licensing schemes that attach to different uses of music, from traditional revenue streams to fresh disputes regarding royalties for new uses such as ringtones and streaming services. This portion will include a discussion of the new Music Modernization Act. Finally, the class will conclude with an in-depth examination of the ongoing debates about how both the law and business practices might adapt to the new musical forms (such as sampling and remixing) and business models (such as do-it-yourself distribution) enabled by digital technology. Throughout the semester, the course will include a special focus on current and ongoing disputes, issues, scholarship, and proposals.

    The writing for this course may be used to satisfy the JD Substantial Research and Writing Project Requirement.

    791

    Judicial Writing 2
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    2. Spring 19
    3. Spring 20
    • Class participation

    This course is intended to appeal to any student who seeks a judicial clerkship or aspires to be a judge, or who simply wants to learn more about how and why judges write judicial opinions. Students will consider the complexities of being on the bench, including judges' relationships with the public, with lawyers, with other judges, and with their clerks. The students will try their hands at formats and styles unique to clerking or judging, including a bench brief, an analytic paper, and an appellate-court opinion.

    794

    The Law of Slavery and Freedom: The Thirteenth, Fourteenth and Fifteenth Amendments 2
    • JD SRWP with add-on credit
    • JD elective
    • IntlLLM/SJD/EXC elective
    • PIPS elective
    1. Spring 18
    • Reflective Writing
    • Research and/or analytical paper(s), 10-15 pages
    • Oral presentation
    • Class participation

    This course will explore the ways in which the institution of slavery interacted with the law in the United States and how the law defined freedom and the practices of freedom.  The first two weeks will focus on slavery and the law.  The rest of the course will focus on the 13th, 14th, and 15th Amendments. For added credit, students may satisfy the writing requirement by enrolling in Law 794W. 

    794W

    Law in Slavery & Freedom: From the Historical to the Contemporary/ Writing Credit
    • JD SRWP
    • JD elective
    • IntlLLM/SJD/EXC elective
    1. Spring 18
    • Research paper, 25+ pages

    Students enrolled in Law 794 Law in Slavery & Freedom:  From the Historical to the Contemporary, may earn an additional credit by writing an additional 25+ page paper, due at the end of the semester . *LAW 794W must be added no later than 7th week of class.*