Study

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 and employees involved in potential criminal violations (and certain civil analogues), and the law that governs those processes; 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, students should not expect this to be that form of law 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 self-published text available in bound book form for approximately $30 through Amazon, or in pdf form at no charge from the course website. There may be occasional handouts. Assigned readings average 30 pages per class meeting, with less case law and more fact-based practice documents, problems, and commentary than with a typical case book. The grade will be based primarily on a floating take home exam, with some weight given to 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, writing, and oral advocacy will be emphasized.

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.

Each student will participate in two mock appellate cases, once as a judge and once as an advocate. The course grade will be based on class participation, the mock cases, and a take-home examination, allocated as follows:

Points/Approximate percentage of final grade

• 25 argument #1 28%
• 25 argument #2 28%
• 30 take-home exam 33.3%
• 10 class participation 11%

The maximum for each argument is 25 points, allocated as follows:

Advocates:

• 15 points: written summary of argument
• 10 points: for the oral presentation (substance and style)

Judges:

• 5 points: written questions
• 10 points: written preliminary disposition
• 5 points: writing (questions and summary disposition)
• 5 points: oral questions & final explanation of the decision at the close of the arguments

The Criminal Defense Clinic will center around the direct representation of indigent clients facing prosecution for criminal charges in Durham District Court. The primary focus of student casework will be serving as lead counsel on misdemeanor cases. Students’ trial-level advocacy will be grounded in seminar examination of mass incarceration, the impacts of race and poverty in the criminal justice system, and principles of client-centered and community-oriented defense. Through observation and shadowing, their own in-court experiences, and close faculty supervision clinic students will develop professional skills in client interaction, fact-development, case planning, negotiation, legal writing and argument, and trial advocacy. The semester will conclude with students extrapolating opportunities for systemic reform, derived from their experiences representing individual clients, with an emphasis on creative and interdisciplinary advocacy. Consistent with the law school’s other clinics, the Criminal Defense Clinic will combine a substantive weekly seminar with weekly individual case supervision and preparation meetings, and clinical casework.

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

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

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