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Law Courses (LAWS) Law School


Subject Area Course # Course Title Semester Credit Hours Expand
LAWS 2120 Civil Procedure Fall 4
Course Description

Using the Federal Rules of Civil Procedure, this course introduces rules governing the conduct of litigation. After an overview of the entire sequence of events from commencement to final disposition of a lawsuit, specific topics are considered in detail.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2125 Constitutional Law Spring 4
Course Description

Constitutional Law introduces the concept of judicial review of legislation and executive action. The course also focuses on the express and implied powers of the federal government and the effect of the interstate commerce clause on federal and state power.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2130 Contracts Fall 4
Course Description

The concept of what constitutes a contract is followed by detailed study of the various principles that govern the enforcement of contracts. Common law rules are emphasized, but attention is also given to the statutory changes imposed by the Uniform Commercial Code.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2135 Criminal Law Spring 4
Course Description

This course examines the elements of crimes, defenses that the accused may assert, and the method and rationales for punishing criminal conduct. Attention is given to the common law of crime as well as to the Model Penal Code.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2140 Property Spring 4
Course Description

This first-year course covers the substantive law of real property. Topics include initial acquisition, property theory, the right to exclude, land use regulation, servitudes, conveyancing, landlord-tenant law, zoning, and takings.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2145 Torts Fall 4
Course Description

This course examines non-consensual relations among individuals and emphasizes negligence law, the measure of damages, and newer developments such as products liability.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2150 Law Practice 1 Fall 3
Course Description

All 1L students in their first semester will be enrolled in this course for which they will receive 3 credits toward satisfaction of the requirement in ABA Standard 303 for 6 experiential course credits. The curriculum will introduce students to the role of the lawyer through legal problem solving in a simulated client context. Students will be provided with instruction in: research and analysis of binding authority; identification of legally significant facts from documents, interviews, etc.; guided instruction in how to read and synthesize the law, the presentation of analysis of the law and application of the analysis to the problem facts; and preparation of office memoranda. The course involves classroom instruction and discussion, group work, and intensive individual feedback and conferencing.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2155 Law Practice II Spring 2
Course Description

In their second semester, all 1L students will be enrolled in this 2-credit course in satisfaction of the requirement in ABA Standard 303(a)(2) for a rigorous writing experience in the first year which is faculty supervised. Building on the research, analysis and writing experiences in Law Practice I, students will prepare documents, primarily in the context of advocacy, which involve more complex legal problems than those presented in Law Practice I. The emphasis will be on improving clarity, precision and effectiveness of these communications for a designated audience and purpose in a simulation, with continued attention paid to a lawyer’s ethical and professional responsibilities to the client and the legal system. The course involves classroom instruction and discussion, group work, and intensive individual feedback and conferencing


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2180 Constitutional Law II Fall 3
Course Description

This is the second of two required courses on the constitutional law of the United States. It examines the law of civil liberties and individual rights under the U.S. Constitution. Coverage includes the Fourteenth Amendment and the Bill of Rights and/or the First Amendment.


Instructor(s):

Prerequisites: Constitutional Law I

Cross listed with:

Comments:

LAWS 2190 Professional Responsibility Fall/Spring 3
Course Description

This course focuses on central issues of professional responsibility faced by most lawyers in the practice of law, whether in the public or private sector. Included may be problems of client confidences, conflicts of interest, behavior in court, obligations to represent unpopular clients and other restrictions on a lawyer's own speech and actions. Other topics focus on the fundamental moral responsibility of lawyers, analyzed in terms of the rules governing attorney conduct, principles of moral philosophy and the pressures that create ethical blindness.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2191 Professional Responsibility for Clinics and Externships Fall 2 or 2
Course Description

The best context for learning ethics is actual practice. Therefore, this section of the PR survey course is open to students who are taking or have taken one of the BCLS in-house civil clinics or externships. As the "Ethics Committee" for BCLS civil clinics and externships, students will work together to identify, grapple with, and solve the ethical dilemmas they are encountering or have encountered as front line student attorneys and externs. Classroom discussion will guide students through the actual ethical issues which arise in clinic related to: client confidences, how the secrecy rules work in the corporate context, behavior in court, obligations to represent unpopular clients, representation of questionably competent clients, and complicated conflicts topics. We will explore the ABA's Model Rules of Professional Conduct, the Massachusetts Rules of Professional Conduct, and the accompanying "law of lawyering."


Instructor(s): Alexis Anderson

Prerequisites: None

Cross listed with:

Comments:

LAWS 2810 Negotiation Spring 3
Course Description

The goal of this course is to teach you to think about negotiation as an opportunity to solve a problem that exists, or create new value where there is none, or try to make a bad situation a bit better. I hope to enhance your ability to think creatively and synthetically as well as analytically. You will also learn that planning is essential and can sometimes make up for your status as a new legal negotiator. The skills you will learn include analysis, persuasion, creativity, listening, interviewing, counseling, question framing, and the use of law and legal principle. We will also explore the moral and ethical issues implicated in negotiation--honesty, integrity, character, reputation and personal identity


Instructor(s):

Prerequisites: None

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Comments:

LAWS 2812 Introduction to Litigation Spring 3
Course Description

This course introduces first-year students to the joys and challenges of civil litigation practice by focusing on the specific skills needed, and ethics issues that arise. Skills covered include client interviewing, case planning, fact investigation (including discovery), client counseling, negotiating, and courtroom advocacy. The class will explore how a civil litigator's often competing ethical responsibilities naturally lead to challenges in making strategic decisions. We will cover the Model Rules of Professional Conduct for lawyers with special attention to obligations of loyalty, zeal, confidentiality, avoidance of conflicts of interest, fairness in dealing with opponents, and honesty in interactions with courts. The method of instruction will include skills exercises in which students will conduct and critique simulated interviews, case planning and strategy discussions, fact investigation, client counseling sessions, negotiations, and courtroom advocacy presentations.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 2814 Legal Interviewing and Counseling Spring 3
Course Description

The special objective is to develop within the student an awareness that mastery of sound interviewing and counseling skills is crucial for the delivery of quality legal services, whether one is engaged in private practice or works for a public agency. Course grade is based on: regular class attendance; active participation in small group exercises; performance of assigned attorney, client or observer roles in simulated interviews and mediation sessions as students working through various problem cases. Students are expected to keep a journal and submit a copy of it at the end of the term when handing in a take-home exercise.


Instructor(s): Tracey West

Prerequisites: None

Cross listed with:

Comments:

LAWS 2830 Authority and Leadership in Professional Life Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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Comments:

LAWS 2845 Immigration Practice Spring 3
Course Description

Immigration Practice focuses on the practice of immigration law. Students will advocate for hypothetical clients whose cases deal with cutting-edge issues of asylum law, bond, the intersection of immigration law and crimes, and prosecutorial discretion. In-class hearings include an asylum trial, a bond hearing, and a negotiation with ICE in their exercise of prosecutorial discretion.


Instructor(s): Holper

Prerequisites: Immigration Law (LAWS7749)

Cross listed with:

Comments:

LAWS 3310 Advising the Entrepreneur Fall 3
Course Description

An introduction to the complex challenge of advising entrepreneurs who are planning or developing a new business. It has two principal components. First, law students attend classes at the law school devoted to the development of legal knowledge and counseling skills related to the advising of new businesses. Second, law students meet with entrepreneurs and business owners, typically, actual clients of the course instructors who become clients of the Law School’s Community Enterprise Clinic for purposes of the class, to develop a plan of legal assistance focused on the legal aspects of the client’s emerging business. This advising will take place under the supervision of the course's faculty. Each law student will meet and counsel one or two clients, participate in class discussion of the issues raised by these meetings, complete a drafting exercise, and write a final memorandum concerning the legal issues raised for each client.


Instructor(s):

Prerequisites: Corporations, Intellectual Property course (IP Survey, copyright, trademark, or patent). Permission of the instructor is also possible, depending on background.

Cross listed with:

Comments:

LAWS 3320 Immigration Law Clinic Fall 2
Course Description

Students in the Immigration Clinic represent noncitizens in removal proceedings before the Immigration Court, which involves arguing bond motions for detained clients, conducting examination of witnesses, raising evidentiary objections and arguing points of law. Students represent noncitizens in applications for legal status before the U.S. Citizenship and Immigration Services (CIS) office. Cases vary, but may include asylum and relief based on fear of persecution in the country of removal, waivers of deportation for long-term residents of the U.S., adjustment of status for noncitizens with U.S. citizen or permanent resident family members, visas for victims of violent crimes who have assisted in the prosecution of such crime, relief for noncitizen victims of domestic violence and visas for juveniles who have been abused, abandoned or neglected. Students conduct "Know Your Rights" presentations for noncitizens who are detained by the Immigration and Customs Enforcement (ICE).


Instructor(s):

Prerequisites: LAWS7749 - Immigration Law

Cross listed with:

Comments:

LAWS 3322 Environmental Law Seminar (Advanced) Spring 2.0,3
Course Description

Environmental Law Seminar (Adv) (LAWS332201) This seminar uses an innovative format: the seminar addresses, and—week-by-week, chapter-by-chapter—analyzes draft chapters of a particular book-in-progress chosen at the start of the semester by seminar members from a list of books-in-progress nominated by law professors around the nation who ask for our confidential help in shaping their work. Books are typically proposed for selection in a wide range of land and environment subject areas. We work with the author on the book throughout the Spring semester; members of the seminar prepare weekly chapter commentaries and a final individual paper summarizing their analyses of the book. (Individual research project papers, which in previous years were part of the seminar, now are available separately via Independent Study.) Two or three credits, variable.


Instructor(s): Zygmunt Plater

Prerequisites: None

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Comments:

LAWS 3323 Advanced Contracts:Sales in Practice Spring 3
Course Description

This course concentrates on the transactional side of contracting in the context of sales governed by Article 2 of the Uniform Commercial Code. The course emphasizes contract drafting, negotiation and interpretation and is particularly focused on commercial contracts between sophisticated private parties bargaining at arm's length. Student will learn the methodology of using a code to understand the substantive law of sales. The course grade will be based on three out-of-class drafting exercises, an open book final examination, and class participation.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3326 Community Enterprise Clinic Fall/Spring 4
Course Description

This course introduces students to transactional legal work on behalf of low- and moderate-income entrepreneurs, small businesses, nonprofit organizations, and first-time home buyers. The fieldwork is based at the Law School’s Legal Assistance Bureau located in the new Center for Experiential Learning on campus. Students will perform all of the legal work and interact with the clients. Students will be assigned to work with entrepreneurs with business-related legal needs; with emerging, community-based small businesses facing corporate, employment or similar legal issues; with nonprofit organizations or groups seeking assistance to establish a tax-exempt organization; and first-time home buyers. For fieldwork purposes students will be assigned seven or ten office hours per week at the clinic, depending on the number of credits chosen by the student. A weekly seminar will address substantive law, ethical issues, and legal skills. The fieldwork is complemented by a weekly seminar.


Instructor(s): Paul Tremblay

Prerequisites: LAWS7750 - Corporations

Cross listed with:

Comments:

LAWS 3330 Software Law Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3335 European Union Moot Court Team Fall 3
Course Description

By Arrangement


Instructor(s): Vlad Perju

Prerequisites: None

Cross listed with:

Comments:

LAWS 3336 Community Enterprise Clinic Class Fall/Spring 3
Course Description

A weekly seminar will address substantive law, ethical issues, and legal skills.


Instructor(s): Paul Tremblay

Prerequisites: LAWS7750 (Corporations)

Cross listed with:

Comments: Clinical Education

LAWS 3337 Regulatory Practice Externship Fall 3
Course Description

Externship in an administrative or legislative government setting, in a regulatory field of law. Limited to students enrolled in the seminar, Current Issues in Regulatory Practice LAWS3338.


Instructor(s):

Prerequisites: None (Administrative Law is recommended)

Cross listed with:

Comments:

LAWS 3339 Environmental Law: Clean Water Act Spring 3
Course Description

Given recent Supreme Court decisions, the law of clean water may well be the bellwether for the future of all federal environmental protection. This course is important to students interested in gaining experience in working with statutes, regulatory requirements, land use issues and working for or against governmental agencies. The course will cover the history, development, and implementation of the federal Clean Water Act, related provisions, policies and case law and state analogues. It will go beyond classic waste water treatment permitting and enforcement issues to include wetlands, oceanic and overall ecosystem considerations. The course work will include in-class exercises in practical regulatory analysis and client advice, much as would be expected of an associate in a law firm or a staff attorney in an administrative or enforcement agency. Grades will be based upon a final take home exam and class participation.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3341 Immigration Practice Spring 3
Course Description

Immigration Practice focuses on the practice of immigration law. Students will advocate for hypothetical clients whose cases deal with cutting-edge issues of asylum law, bond, the intersection of immigration law and crimes, and prosecutorial discretion. In-class hearings include an asylum trial, a bond hearing, and a negotiation with ICE in their exercise of prosecutorial discretion.


Instructor(s): Holper

Prerequisites: Immigration Law (LAWS7749)

Cross listed with:

Comments:

LAWS 3342 Advanced Immigration Law Clinic Spring 3
Course Description

TBD


Instructor(s): Daniel Kanstroom and Sarah Ignatius

Prerequisites: LAWS7749 - Immigration Law

Cross listed with:

Comments:

LAWS 3344 American Legal Education Spring 3
Course Description

This seminar is designed for students who would like to examine carefully the nature of their legal education. We will commence with the English and Continental origins of legal scholarship and teaching, examine the development of formal legal education in America from the founding of the Litchfield and Harvard Law Schools to the rise of Legal Realism, and conclude with the pressing controversies facing America's law schools today. Among the topics covered will be the relationship between formal legal education and the practicing bar, the changing composition of the faculty and the student body, the early pedagogical controversies, the different methods and ends of modern legal instruction and the role played by law schools in fundamental disputes about jurisprudence political ideology, economics and social reform. A research paper will be required rather than a final examination. Multilithed materials. Course will be taught at Harvard Law School.


Instructor(s): Daniel Coquillette

Prerequisites: None

Cross listed with:

Comments:

LAWS 3348 Advanced Topics in Civil Rights:Microaggressions Fall 2 or 2
Course Description

The Civil Rights Movements of the 1960's and '70's eliminated formal barriers to participation in nearly all American institutions. Nevertheless, it is apparent that informal barriers remain. What are these barriers and how do they inhibit women and minorities from moving forward? Numerous authors have tried to answer this question by describing and documenting certain kinds of race based behavior. These include micro-aggressions ("subtle verbal and non-verbal insults directed toward non-Whites, often done automatically and unconsciously"), implicit bias, denial, stereotyping, stigmatizing, profiling, over-reliance on "old boy networks," etc. In this seminar, we will read descriptions of these phenomena and consider what, if anything, the legal system or society should do about them.


Instructor(s): Catharine P. Wells

Prerequisites: None

Cross listed with:

Comments:

LAWS 3349 Women and the Law Clinic (Class) Fall 3
Course Description

TBD


Instructor(s): Maritiza Karmely

Prerequisites: Students must take or have taken Evidence.

Cross listed with:

Comments: Clinical Education

LAWS 3350 Women and the Law Clinic Fall 4
Course Description

TBD


Instructor(s):

Prerequisites: Students must take or have taken Evidence.

Cross listed with:

Comments:

LAWS 3354 Health Law and Policy I Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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Comments:

LAWS 3357 Federal Criminal Law Seminar Spring 2
Course Description

This seminar combines elements of advanced Constitutional Law and Criminal Law. We first consider the constitutional bases of a broad federal criminal law, given the traditional role of the states in this area. We then examine the operation of the federal criminal law in a specific field: the prosecution of political corruption. The major federal statutes are examined, including the Hobbs Act and the Mail Fraud Statute. We will then consider current developments in Massachusetts, in particular the patronage case involving the Probation Department.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3359 Commercial Law:Securities Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: Commercial Law: Secured Transactions (Fall Prof. Hillinger) or permission of instructor

Cross listed with:

Comments:

LAWS 3360 Law and Accounting Spring 2
Course Description

A study of the basic concepts and limitations of financial accounting, our course covers the financial reporting process and the development of financial statements for external users, such as investors and creditors. In addition, techniques for analyzing financial statements and putting them to use are introduced along with the context of law, auditing, corporate governance, and globalization in which they are generated. No student who has taken undergraduate courses in accounting may register.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3375 Immigration Practicum Seminar Fall/Spring 1
Course Description

Required for first-time participants in the Immigration Clinic and the Immigration Externship Program. The practicum brings together students from both courses to study the fundamentals of immigration law and procedure and to present and discuss issues relevant to case work. Immigration moot court participants, students in the Criminal Justice Clinic and students who wish to enroll in the Advanced Immigration Law Seminar may also register, but are required to obtain advance permission.


Instructor(s): Amy M. WAX and Mary Holper

Prerequisites: None

Cross listed with:

Comments:

LAWS 3376 Business Immigration Law Spring 2
Course Description

This course will provide an overview of the various employment-based non-immigrant and immigrant visa categories, as well as the nuts and bolts of case preparation for the most commonly pursued non-immigrant and immigrant classifications. We will review the process for becoming a lawful permanent resident of the United States through employment-based sponsorship, including the labor certification process under PERM, the I-140 immigrant petition and options for employment sponsored permanent residence petitions other than PERM, and adjustment of status or consular immigrant visa processing. The course will also include discussions regarding the practice of business immigration law in a law firm environment, touching on applicable ethical considerations, client relations, client interviewing, and tips for strategic case representation and client management for companies both large and small. There will be a practical component to the course designed to provide a more in-depth examina


Instructor(s):

Prerequisites: LAWS7749 (Immigration Law)

Cross listed with:

Comments:

LAWS 3377 Law and Lawyers in Literature Fall 2
Course Description

This course will use literary texts and a series of writing exercises to explore the intersections of writing and "righting" (making right, making rights). Among the themes explored will be the nature and process of professional identity formation, the relationship of legal norms to personal values, identity and citizenship, the practice, stance and ethics of a profession in service of others, the experience and texture of justice in relation to individual characteristics and circumstances, and the connection between power, authority and voice. Students will write a series of short papers, make a class presentation, and write one long analytic paper.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3379 Consumer Bankruptcy Spring 3
Course Description

This course studies bankruptcy relief for individual debtors under chapter 7 (liquidation) and chapter 13 (rehabilitation). Topics covered include pre-bankruptcy planning, the means test, eligibility, property of the estate, the automatic stay, exemptions, lien avoidance, non-dischargeable debts including domestic support and other marital obligations, jurisdiction issues, reaffirmation and redemption rights, the trustees avoiding powers, avoidance actions (preferences and fraudulent transfers), chapter 13 plans, and the bankruptcy discharge. The course adopts a problem-solving approach. The final grade for the course is based on an in-class final exam. Students should take this course if they plan to: 1) practice in a small firm; 2) represent consumers and small business owners; 3) practice domestic relations law; 4) apply for a bankruptcy court clerkship


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3383 Selected Topics in White Collar Crime Fall 2
Course Description

This seminar will examine emerging issues in the prosecution and defense of white collar crimes. We will first examine the concept of white collar crime and its import on other areas of the both criminal and business law. We will next study the concepts of corporate and individual liability. Our examination of white collar crime will also include several substantive offenses including conspiracy, tax fraud, mail/wire fraud, bribery, RICO, and financial crimes (including bank fraud and securities fraud). We will also conduct a study of the grand jury system and its role in both the prosecution and defense of white collar crime. Finally, we will intertwine an analysis of federal sentencing throughout the semester.


Instructor(s):

Prerequisites: Criminal Law

Cross listed with:

Comments:

LAWS 3385 Executive Compensation Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: LAWS9926 (Tax 1) LAWS7774 (Securities Regulation) and LAWS7750 (Corporations)

Cross listed with:

Comments:

LAWS 3386 Religious Freedoms Moot Court Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3388 Juvenile Justice Seminar Fall 2
Course Description

This course examines the relationship between children and the law in the United States with a significant emphasis on juvenile delinquency. We begin by exploring general legal principles concerning the allocation of power and responsibility for children in our society and quickly moves into a detailed analysis of juvenile justice policy and law. Materials are interdisciplinary and the course adopts an interdisciplinary approach through in class use of case studies and through student papers and presentations. The course is designed both for students who envision themselves practicing in the area of juvenile justice and students for whom this will be their sole contact with the area.


Instructor(s):

Prerequisites: None

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Comments:

LAWS 3389 Juvenile Rights Advocacy Fall/Spring 4
Course Description

The Juvenile Rights Advocacy Project provides a five-credit/semester clinic to students either enrolled in Children’s Law & Public Policy or who have completed Children’s Law. Students will represent, as Guardian-ad-Litem, youth involved in legal issues related to their dependency, status offense, delinquency, or special education cases. Cases may include special education advocacy, school disciplinary proceedings, administrative advocacy with the Departments of Youth Services and Children & Families, and Juvenile Court advocacy in status offense cases. Students may represent youth committed to the Department of Youth Services through the post-disposition phase of their cases. Students will work on cases in-house at JRAP or be placed in a community law setting. Placements will be determined based on interest expressed in applications and meetings with the Professor. Weekly commitment for JRAP I or II is 15 hours, although that can vary depending on the demands of a particular case.


Instructor(s): Francine Sherman

Prerequisites: None

Cross listed with:

Comments:

LAWS 3390 Art Law Seminar Fall 3
Course Description

The visual art world is a complex maze of people, institutions, and the art itself. In this seminar, we will explore some of the legal issues associated with the intersections and relationships that arise from this mix of players. Although this is a seminar, the breadth of the topics that we will cover is similar to a survey course. Evaluation in this course is based on your active in class participation and a research paper. In addition to class meetings and trips, you will also be required to view films on your own, perhaps attend a lecture, or go to a museum.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3391 Juvenile Rights Advocacy, Spring Fall 4
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3392 Juvenile Rights Advocacy II Spring 5
Course Description


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3393 Death Penalty Fall 2
Course Description

This seminar will examine legal issues surrounding the death penalty in America from a variety of perspectives. After a review of the goals of punishment and their relation to capital punishment, the course will explore: constitutional challenges to the imposition of the death penalty, focusing on claims relating to equal protection, due process and cruel and unusual punishment; race; special offenders, including juveniles, the mentally retarded; modes of punishment and ethical issues; and the impact of international law. A major focus of the course will include the procedural issues in trials for capital offenses, as well as post-conviction proceedings with a particular emphasis on federal habeas litigation. Materials for the seminar will include a collection of essays providing diverse views of the death penalty, as well as central Supreme Court case law in this area. Seminar requirements will include a final paper, a presentation on the paper; and class participation.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3395 Globalization, Law & Legal Practice Spring 3
Course Description

An interdisciplinary introduction to globalization and its effects on law and legal practice. Draws from diverse areas of international and comparative law supplemented by material from philosophy, sociology, economics, and political science. Questions considered include the nature of globalization itself and its effects on legal actors such as states, individuals and international organizations; global social policy; the global economy; the legitimacy of global institutions; global justice; and the changing nature of legal education and legal practice, among others.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3399 Complex Litigation Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 3400 Global Migration and the Challenge to Law and Democracy in the U.S. and Europe Spring 2
Course Description

The surge in the movement of people around the world has become a point of tension in global free market liberalism, impacting relationships between citizens and their governments. Long settled political understandings and social arrangements are coming apart. The course will consider challenges posed to democratic institutions and values in the US and EU by economic globalism and global migration. Some key issues that will be addressed include: Challenges posed by immigration, migration, & legal concept of citizenship: Economic inequality; Terrorism; Rise of right & left wing populism, nationalism, political extremism. Assessment based on research paper of approx. 10,000 words that engages in a scholarly evaluation of a particular issue drawn from material in the course. Students will also prepare a 5-minute oral summary of their topic to be presented in-class and a short reflection on a topic outside of their area of research.


Instructor(s): Vincent Rougeau

Prerequisites: None

Cross listed with:

Comments:

LAWS 4310 Housing Law Fall 2
Course Description

A study of the economics, politics and legalities associated with housing ownership and rental housing, including the real estate industry, i.e., the landlords, builders, financiers and developers. We will look at the rights of all parties. We will look at a new issue, including government and private sector strategies to address coastal housing dangers resulting from climate change causing sea levels to rise. Also covers apartment conditions,access to affordable housing with a discussion of state and federal programs to improve housing and providing affordable units. We will also look at the goals of urban development, focusing on homelessness, poverty and income issues and strategies that have worked to maintain affordable housing. A major solution is public housing, but we will also examine other state and federal programs designed to complement and replace public housing.


Instructor(s):

Prerequisites: None

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Comments:

LAWS 4400 Feminist Jurisprudence Fall 2
Course Description

Since the late 20th century, women have lent their own distinctive voice to the discussion of jurisprudence and to a number of substantive topics concerning sex, gender and the law. In this seminar we will explore some of the issues that feminist scholars have raised. The seminar will begin with a historical orientation to feminist legal theory. It will then consider particular areas of law where feminist insight has been particularly strong, such as: 1. Gender equality and the constitution; and 2. Violence against women. Finally, we will consider some more theoretical issues. What is the relationship between feminist theory and other forms of critical theory that have been developed by oppressed groups? What are the problems of essentialism: Does it make sense to speak of "women's" experience, a "women's" viewpoint; or even of "feminist" jurisprudence as a project that represents the interests of "women in general"?


Instructor(s):

Prerequisites: None

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Comments:

LAWS 4402 BC Innocence Clinic Spring/Fall 4
Course Description

Students in BC Innocence clinic work with faculty supervision on post-conviction screening and/or litigation of cases of prisoners who assert their innocence. Case screening involves review of trial transcripts, pre-trial discovery, appellate and post-conviction briefs, and judicial opinions, as well as factual and forensic research, to determine whether scientific testing or other investigative leads could establish a strong likelihood that the prisoner is factually innocent. Students produce a memorandum analyzing the case and making a recommendation as to whether post-conviction litigation should be pursued. Students engaged in litigation research and draft motions for various types of post-conviction relief with supporting memoranda and affidavits. Class component is devoted to case-rounds and development of legal, professional, and ethical skills in the context of post-conviction innocence work. Students spend 10-12 hrs/week outside of class time on casework.


Instructor(s): Charlotte Whitmore

Prerequisites: Criminal Procedure and Evidence recommended.

Cross listed with:

Comments:

LAWS 4403 Employment Law Spring 3
Course Description

This course addresses the legal regulation of employment of those without any form of collective representation, including executives, hourly and contingent employees. It addresses three major areas: (1) The common law regulation of the employment relationship. This includes formation of the employment relationship; common law exceptions to the at-will rule; privacy and dignitary protections (including electronic media); trade secrets and other intellectual property concerns; restrictions on competition; the use of arbitration as a means to avoid jurisdiction of common law courts. (2) The second area covered is federal regulation of wages and hours pursuant to the terms of the Fair Labor Standards Act (an area of substantial growth and litigation). (3) The law under the Occupational Safety and Health Act. This is a dynamic and controversial area of the law. Consideration of current developments and trends, economic and social, as well as comparative legal approaches, are included.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 4408 Law of Philanthropy Spring 2
Course Description

Millions of individual Americans, as well as foundations and corporations, donate well in excess of $300 billion, each year, in charitable gifts. Even in soft economies, that figure tends to grow annually. Philanthropy has become a key part of the US economy, fully 2.2% of GDP and, increasingly, a discrete and important field of the practice of law. In this course, students will explore the structure of American philanthropy - its legal history, current regulation, case law and emerging legislation and topics on public policy. The course will introduce students to sophisticated charitable giving techniques used to convey donations and trends in the practice of law and philanthropy. Whether anticipating a practice with active engagement in philanthropy, or, volunteer service as a member of foundation or non-profit boards, this course will provide students with an in-depth orientation to the field.


Instructor(s):

Prerequisites: Taxation I; Estate and Gift Taxation preferred but not required.

Cross listed with:

Comments:

LAWS 4410 Independent Study-Moot Court Fall 1
Course Description

By Arrangement


Instructor(s): Brian Quinn

Prerequisites: None

Cross listed with:

Comments:

LAWS 4411 American Legal Theory Spring 2
Course Description

This course will survey the important developments in American legal theory from 1880 to the present time. Coverage will include Legal Formalism, Legal Realism, Sociological Jurisprudence, Legal Process Theory, Theories of Natural Law, Critical Legal Studies, Feminist Legal Theory, and Critical Race Theory. The course does not require previous familiarity with jurisprudence or philosophy of law.


Instructor(s):

Prerequisites: None

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LAWS 4412 Intellectual Property Survey Fall/Spring 4
Course Description

This survey course emphasizes federal copyright, trademark, and patent law and related state trade secret, rights of publicity, and unfair competition law. It is meant to provide students with a general working knowledge of the various intellectual property doctrines, and an understanding of how the individual intellectual property doctrines compare, contrast, and may be used to complement one another. This course is appropriate for the generalist who wants to understand and be able to analyze IP issues, which are ubiquitous in the modern practice of law. It is also appropriate as the first introductory course for students interested in taking a number of IP courses.


Instructor(s):

Prerequisites: None

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LAWS 4413 Constitutional Law: Philadelphia Convention Spring 3
Course Description

This seminar will focus on the Constitutional Convention (1787). We will explore the writing of the Constitution as a political, legal, historical, cultural, intellectual, and literary process. The class will consider the following questions through a close reading of The Records of the Federal Convention of 1787 (ed. Max Farrand, 2 volumes): what is a constitution; how do we tell the narrative of the writing of the Constitution; what is the role of individuals; how do we know the sources are reliable; how was the Constitution initially imagined; how did issues of representation and slavery affect the framing; how was the executive and judiciary imagined; how did we end up with a vice-president; what can we learn from the various final drafts of the Constitution. We will then go on to consider how ratification, the addition of the Bill of Rights, and the development of the Supreme Court alter our understanding of the original 1787 Constitution. Regular attendance, participation in disc


Instructor(s):

Prerequisites: None

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Comments:

LAWS 4414 Trademark and Unfair Competition Law Spring 3
Course Description

In this course, students will undertake an in-depth study of trademark law. This course will examine the doctrine, theory, practice and procedure concerning intellectual property rights in corporate names, symbols, logos, and identity. In particular, students will be introduced to trademark creation, registration, protection, licensing, and litigation. There will be a final examination.


Instructor(s):

Prerequisites: None

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LAWS 4415 Legal Analytics: Applying Data and Analytic Thought to Legal Problems Fall 2
Course Description

William Gibson said “[t]he future has already arrived. It’s just not evenly distributed yet.” This course introduces the legal tools that have arrived, but are not yet evenly distributed, and will teach you how to use analytics to improve legal decision making. We will explore behavioral economics, data analysis and visualization, statistical methods, artificial intelligence, and game theory. Through demonstrations, in-class projects, and a semester long course project, we will apply them to solve legal problems and learn to efficiently manage, collect, explore, and analyze various forms of legal data. You do not need prior college coursework in math, statistics, data science, or economics to take this course.


Instructor(s): Warren Agin

Prerequisites: None

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LAWS 4416 Privacy Law Fall 3
Course Description

Privacy Law will take a practical approach in the context of privacy theory and the evolving global web of privacy and security laws, regulations, industry standards, and best practices. We will explore, from an individual perspective, a corporate perspective, and a law enforcement perspective, the scope and nature of an individual's right to control his or her personal information held by others. We will also consider recent controversies such as those involving big data/AI, facial recognition, encryption, domestic surveillance, ad-targeting, virtual reality, cross-device matching, mobile device geolocation, social networking, video surveillance, haptic security, biometrics, and DNA databases. With the new European General Data Protection Regulation (“GDPR”) taking effect in May of 2018 and authorizing fines of up to 4% of annual worldwide revenue, now is a perfect time to develop your privacy compliance expertise!


Instructor(s): Sayoko Blodgett-Ford

Prerequisites: None

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LAWS 4417 Housing Law Clinic Spring 3
Course Description

TBD


Instructor(s):

Prerequisites: LAWS9996 Evidence.

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LAWS 4418 Housing Law Clinic Seminar Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: LAWS9996 - Evidence.

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Comments:

LAWS 4419 Legal Aspects of Doing Business in China Spring 3
Course Description

China has passed Japan as the second-largest economy since 2011. Over the past three decades, as China has emerged as the world's fastest-growing economy, its law and legal institutions have also evolved and, in some respects, increasingly engaged international norms. This course is designed to provide an overview of the legal environment for doing business in and with China. After a short overview of China's legal history and a brief introduction of the major legal institutions of the People's Republic of China, the course examines prominent areas in which law and business intersect, including property, contracts, product safety, the law of business organizations, intellectual property protection, foreign direct investment, WTO accession and integration, anti-corruption and the resolution of business disputes. By using examples, case studies and a negotiation simulation, the course emphasizes the most current and relevant topics that students need to understand in today's business law


Instructor(s):

Prerequisites: Background in international trade law and international business transactions is welcome, but not required.

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LAWS 4420 International Criminal Law Fall 3
Course Description

International Criminal Law criminalizes violations of human rights and the laws of wars. Compared to the seriousness of such violations, the claims of exclusive national jurisdiction, absolute national self-determination, and cultural distinction pale. The course asks how ICL defines and prosecutes war crimes, crimes against humanity, genocide, aggression, torture, terrorism, trafficking, and other large-impact violations. At stake are the conditions for lasting peace, global cooperation, international justice, and universal respect for human dignity. The course has no pre-requisites and does not assume familiarity with human rights, criminal law, or public international law. However, those who have completed studies in these fields will find that ICL complements them well. Students will be graded on a question requiring a dissertative answer.


Instructor(s):

Prerequisites: None

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LAWS 4422 Animal Law Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4423 International Organizations Fall 3
Course Description

This course addresses legal issues associated with international organizations such as the United Nations -- organizations of states, or "intergovernmental" organizations. Accordingly, the course examines questions common to many international organizations, including creation and operation of international organizations; legal personality; privileges and immunities; treaty making and norm creation; membership and credentials; dispute settlement; enforcement involving substantive issues such as labor rights and peacekeeping; expulsion and withdrawal; and international organizations in domestic legal regimes. The course will treat a variety of international organizations, including the United Nations (UN), the International Labor Organization (ILO), the Organization for Economic Cooperation and Development (OECD), the World Bank, the Organization for Security and Cooperation in Europe (OSCE), and the World Trade Organization (WTO). The course may include one or more simulations. Course


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Prerequisites: None

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LAWS 4425 Law of Money Fall 3
Course Description

When we buy things or pay for services, we have to pay money. Sometimes we do so with currency, but usually we use devices such as checks, credit cards, debit cards, and various other electronic or semi-electronic payment systems. New payment systems, such as Bitcoin, are constantly evolving and dying off. Lawyers dealing with such developments will need to be prepared with an understanding of basic payment law concepts. Unfortunately, there isn't a unified body of payment law. Rather, we have widely scattered and rapidly changing sources of law. We will study articles 3, 4, and 4A of the Uniform Commercial Code; various federal statutes and Federal Reserve System regulations; private agreements, such as those governing clearing houses and bank credit card arrangements; and basic common law concepts. Over time the subject matter has variously been described as "Bills and Notes," "Commercial Paper," or "Payment Systems."


Instructor(s): James S. Rogers

Prerequisites: None

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LAWS 4428 Behavioral Law & Economics Spring 3
Course Description

Humans are imperfect. They misperceive facts, lack willpower, don't know what makes themselves happy, take mental shortcuts, get impatient, can't do math. Should these facts matter for the design of legal systems? For example, should the law protect mistaken consumers, or would doing so only discourage buyers from learning to overcome their shortcomings? This seminar explores these questions in a number of legal contexts, including not only consumer protection but also criminal law, public finance, administrative law, corporate law, and others. We will begin with a brief review of basic economic concepts such as utility, supply & demand, expected value, and rational choice under uncertainty


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Prerequisites: None

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LAWS 4430 Employee Benefits Law Fall 3
Course Description

Retirement plans, health insurance and other employee benefit plans are central features of the employer-employee relationship in the United States. The legal regulation of such plans is highly relevant for the practice of corporate, labor, tax, trust, domestic relations, and health care law, and is at the forefront of current policy debates about health and retirement security for U.S. workers. The course will survey the main types of health and retirement plans and examine the rules governing coverage, vesting, funding, fiduciary standards, integration with Social Security, claims administration, remedies, and preemption of state law. It will also consider how the decline of traditional pension plans and the recent healthcare reform impact the existing regulatory scheme for employee benefits in both the private and public sectors.


Instructor(s):

Prerequisites: None

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LAWS 4431 Foreign Relations of the U.S. Spring 3
Course Description

This course addresses the conduct of foreign relations by the United States with specific reference to domestic legal constraints, such as statutes and the Constitution. The course treats (1) the separation of powers between the Congress and the Executive in foreign affairs, specifically with respect to the war power; (2) the treaty power and the domestic law of treaties and other international agreements; and (3) the role of the judiciary, including the immunity of foreign states ("sovereign immunity"), the "act of state" doctrine, jurisdiction to prescribe and enforce law outside the borders of the United States, and international aw in U.S. courts. The course has a particular emphasis on post-9/11 developments in the law as a result of the war on terror. There are no prerequisites and minimal overlap in subject matter with International Law, together with which this course may, but need not necessarily, be taken to form a year-long sequence.


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Prerequisites: None

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LAWS 4435 Insurance Law Fall 3
Course Description

Insurance is of pervasive importance on the modern world, whether in the manufacture and sale of a product, in the ownership of a house or a motor vehicle, in the need for life insurance, in the practice of a profession, in serving as an officer or director of a company, in protection against medical expenses or the consequences of personal injury, and, of course, in the litigation of contract and tort claims. Insurance coverage is often a major influence on litigation. No litigator or representative of an enterprise can avoid having an understanding of insurance principles, including the obligation of insurers to treat claimants fairly. This course covers general principles of insurance, the regulation of insurance, various kinds of insurance (property, life, health, liability and motor vehicle), ethical considerations for lawyers, and relationships between insurers.


Instructor(s): Patricia McCoy

Prerequisites: None

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LAWS 4436 International Human Rights Fall 3
Course Description

An introduction to international human rights law. We will explore: the philosophical and historical origins of the general Western idea of human rights and how that idea differs both from non-Western conceptions; the customary international law, treaties, instruments, etc. that create and protect human rights; economic and social rights; rights against racial, ethnic, religious, and gender discrimination; rights to self-determination; etc.; the institutions that monitor and enforce human rights law, including in particular regional systems such as that of Europe; the relationship between international human rights law and humanitarian laws of war, the prosecution of international war crimes, and U.S. law with particular focus on torture, anti-terrorism law, and the problems arising from Guantanamo and other U.S. government actions. All of these issues and more will be examined through close study of actual cases, films, videos, and through in-class simulations and projects.


Instructor(s): Daniel Kanstroom

Prerequisites: None

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LAWS 4437 Resistance Lawyering: The Legal Struggle to End Slavery from the Founding to the Civil War Fall 2.0,3
Course Description

In this seminar, we will trace the strategies and practices of the lawyers who fought to end slavery in the United States. Abolitionist lawyers used a myriad of tools at their disposal to resist slavery in state and federal court, in state and federal legislatures, and in the public sphere. They understood slavery as a structural legal problem embedded in culture and they used law however they could to uproot it. Moving chronologically, we will examine the ways that lawyering changed the law regarding slavery and the way that lawyering changed in response to changes in the law. Throughout, we will attend to the ways in which understanding resistance lawyering in the past can inform our answers to questions about the problems and promises of resistance lawyering in the present. The primary graded work in the course will consist of weekly response papers with a short final paper. Students will also have the option to complete a longer research paper for a third credit.


Instructor(s): Daniel Farbman

Prerequisites: None

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Comments:

LAWS 4438 Start-Up Companies and Venture Capital Finance Fall 3
Course Description

This course deals with the legal and business issues facing start-up companies and the venture capital and other investors who provide financing to them. In particular, the course will focus on the various legal considerations typically encountered by start-up companies, including corporate formation and initial financing, middle and later stage venture capital financing, strategic alliances, employment and equity compensation matters, securities laws compliance, corporate governance and exit strategies. The course will offer an introduction to these topics through the eyes of attorneys who represent start-up companies and may also include guest presentations on various relevant topics. The course may include a written practice exercise designed to expose students to the process of counseling venture backed companies.


Instructor(s): Eugene J. DiDonato

Prerequisites: LAWS7750 (Corporations); LAWS7774 (Securities Regulation)

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Comments:

LAWS 4439 European Union Law Fall 3
Course Description

This course provides a general overview of the legal architecture of the European Union. It introduces students to the complex relationship between the European legal order and the national legal systems of Member States. Students will study the Union's major institutions and decision-making mechanisms as well as substantive legal matters that include fundamental rights, free movement of persons and goods, non-discrimination. This course is a prerequisite for participation in the London Program but is open to any student interested in the present and future of Europe.


Instructor(s):

Prerequisites: None

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LAWS 4440 Religion Clauses of the Constitution Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4442 International Civil Litigation Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4443 Local Government Law Spring 3
Course Description

The course dissects a municipality as a business organization, a Municipal Corporation; how a governmental lawyer practices law within that corporate structure, and the skills needed by a private practitioner to deal with it, municipal boards, agencies, departments and employees. Subject matter includes home rule, Charters, Ordinances and By-Laws (purposes, standards and constitutional issues), forms of municipal government, the government attorney and unique representation issues resulting from multiple clients, the Conflict of Interest common and statutory law, ethical issues, the Attorney-Client Privilege in the governmental setting, taxation, assessments and valuation, procurement, contracts, real estate acquisitions and conveyances, environmental issues, public records, open meetings, zoning and land use planning, comprehensive and master planning, inclusionary zoning, low and moderate income housing and affordable housing.


Instructor(s): Howard Levine

Prerequisites: None

Cross listed with:

Comments: (Public Law: Constitutional, Administrative, Legislative)

LAWS 4445 Patent Litigation Spring 3
Course Description

This course has two goals. First, teaching substantive patent law and the key events in patent litigations. Second, developing core litigation skills that are critical to not only patent cases, but also other types of litigations. The class will focus on three exercises: (1) a Markman argument in which each student will argue patent claim construction issues; (2) an expert deposition of a technical witness, in which the students will question the witness; and (3) summary judgment briefing and a hearing, in which each student will write a brief and present oral argument. All three exercises will involve review of substantive patent law, issues specific to patent litigations, and core litigation skills.


Instructor(s): Mueller

Prerequisites: Intellectual Property Survey or Patent Law strongly suggested but not required.

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Comments:

LAWS 4447 Saul Lefkowitz Ip Moot Court Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4449 The Art of Lawyering and the Commercial Lease Fall 2
Course Description

This course is for second and third year students. It is an exercise in the art of transactional lawyering, using commercial leases in a shopping center as a centerpiece. Through the study of a text book, cases, statutes and commercial documents, as well as through drafting and negotiation exercises, everything the student has learned in law school will converge on the problems that fictional clients bring to the class for solution. We will explore the choice of business entity, letters of intent, percentage rent, use restrictions, anti-trust, free speech in the shopping center, restrictions on transfer of interest by landlord and tenant, relationships and contracts with abutters, environmental issues, green leases, defaults and remedies, ethical issues and bankruptcy. The course grade will be determined 50% by performance on drafting assignments and negotiation exercises and 50% by the extent and quality of class participation. There will be no final exam.


Instructor(s): Joel Reck

Prerequisites: None

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Comments:

LAWS 4450 Environmental Law, Advanced:Teaching Seminar Spring 3
Course Description

TBD


Instructor(s):

Prerequisites: LAWS2512 (Environmental Law)

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Comments:

LAWS 4451 International Arbitration Fall 2
Course Description

The old maxim "where business goes, disputes soon follow" has renewed vitality in an age of globalization. As cross-border commerce follows American business abroad, and offshore foreign investment flows into the U.S., the potential for clashes in the business expectations of the parties increases. Commercial dispute resolution thus becomes an almost inescapable component of today's private international business experience. Course covers the management of the international commercial dispute process, from inception in the contractual drafting through the mechanics of the dispute resolution process to the enforcement stage. Focus of the course will be on international arbitration, with some consideration of alternative dispute resolution techniques. Original case studies and related materials are largely drawn from actual practice. Course is designed for prospective corporate attorneys as well as litigators. Optional paper of 20 pages is available to provide a third credit.


Instructor(s):

Prerequisites: None

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LAWS 4452 Adv. Evidence:Trial Objections Spring 3
Course Description

The goal of this course is for students to understand how the rules of evidence operate in practice by providing them with the experience of trying to admit or to keep out evidence in a mock trial setting. This is done through a problem approach with particular attention paid to laying the foundation for admission of evidence during examination of witnesses. Topics include exceptions to the hearsay rules (admitting business records, prior recollections, etc.); laying foundation for the admissibility of expert and lay opinion; impeaching witnesses through character evidence and prior inconsistent statements; authenticating physical exhibits; and using chalks, demonstrative aids and diagrams. Students will perform weekly in-class simulations .


Instructor(s):

Prerequisites: LAWS9996 (Evidence)

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LAWS 4453 State Constitutional Law Spring 2
Course Description

Many of the most important constitutional questions of recent times are being decided by state courts interpreting state constitutions. Regularly appearing on state court dockets are novel constitutional issues regarding abortion, gay marriage, the death penalty, education, the environment, health care, privacy, property rights, search and seizure, separation of powers, and state budgeting in times of fiscal crisis. As the Roberts Court reshapes the federal constitutional landscape, we can also expect significant changes from the state supreme courts, given the dynamic relationship that has developed between state and federal constitutional law. This course will cover the fundamental principles of state constitutional interpretation and apply those principles to current cases and controversies. The course will explore the history, text and structure of state constitutions and draw comparisons to the U.S. Constitution. The class will be taught in a seminar format with students having a


Instructor(s):

Prerequisites: None

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LAWS 4454 Admiralty Law Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4455 Cyberlaw Spring 3
Course Description

With the rise of the Internet, we can store and transmit vast amounts of digital data across the globe at little to no cost. This digital revolution raises fundamental questions about how, if at all, existing legal rules should apply online. This course explores the legal and policy issues that arise in cyberspace, including issues of sovereignty and jurisdiction, regulation of online speech, peer-to-peer networking, cybersquatting, and virtual property. It also addresses regulation of the physical architecture of the Internet, including net neutrality. The course examines the broader jurisprudential and policy questions that apply to issues arising on the network, and in the process uses cyberlaw to reexamine the way that law operates in the offline world.


Instructor(s):

Prerequisites: None

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LAWS 4459 Semester in Practice Seminar Fall 3
Course Description

The SiP Seminar brings together extern students for a weekly discussion of common practice issues and seminar discussions of current issues in the the practice of law, such as changes in the US legal profession, the adversary system, and unmet legal needs. The goal of the seminar is to develop better understanding of the forces that shape a lawyer's professional identity and to learn to become a reflective legal practitioner. This course enables students to bridge the gap between law school and practice. Students keep a daily journal and share their entries weekly with the instructor. Students are required to write a substantial 20-25 page paper on a topic approved by the professor in lieu of an exam. Enrollment by lottery.


Instructor(s): Filippa M. Anzalone

Prerequisites: None

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Comments:

LAWS 4460 Professional Respons/Prosecutorial Ethics Spring 2
Course Description

A criminal prosecutor must reconcile the ethical obligation to "seek justice" with personal incentives to "win" cases and professional obligations to protect the public. We will examine the areas of prosecutorial decisionmaking that bring these competing goals into sharpest conflict. Topics will include the use and abuse of the grand jury; issues of overcharging and selective prosecution; discovery practice; the use of informants; pretrial publicity; plea negotiations; jury selection; trial conduct; and prosecutions of mental health cases. Class participation is considered in the final grade.


Instructor(s): Craig Kowalski

Prerequisites: None

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LAWS 4461 Wrongful Convictions Fall 3
Course Description

This seminar gives students the opportunity to study the phenomenon of wrongful convictions, including the causes of, and possible solutions to, the problem and its significance for the criminal justice system. Readings, films, guest speakers, and discussions provide students with a range of perspectives on the issues. The academic experience is enriched by the students' ability to draw on their clinical and externship experiences


Instructor(s): Sharon Beckman

Prerequisites: Criminal Procedure and Evidence recommended

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LAWS 4464 Authority and Leadership in Professional Life Spring 2
Course Description

This course focuses on the conscious and unconscious group and systemic dynamics that arise from the exercise of authority, leadership and power. Students learn by studying their own experience and linking this to theory and class reading. Classes are intensely psychodynamic in nature, and promote powerful and often emotional interchange as students explore the dynamics of social identity and processes such as splitting, projection, and projective identification. Students experiencing a difficult period in life should speak to the professor before enrolling. Class attendance is required. Attendance at a group relations conference is strongly encouraged; one is scheduled at Boston College, March 31-April 2, 2017 (there is a registration fee). Variable credit offered for attendance at, and reflection paper on conference experience. Contact Professor Sarda for information (sarda@bc.edu). Limited enrollment.


Instructor(s): Evangeline Sarda

Prerequisites: None

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LAWS 4465 Introduction to Jewish Law Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4472 Spanish for Lawyers Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: Proficient to fluent Spanish

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Comments:

LAWS 4474 Energy Law and Deregulation Fall 2
Course Description

This survey course focuses on the law and public policy of electricity and natural gas, with discussion of both market and environmental regulation. The course will examine the frequent tensions between economic and environmental regulation. There will also be analysis of the Constitutional law applicable to the energy industries, including Commerce Clause and Supremacy Clause limitations upon state energy policies. Class time will also involve review of ongoing political and industry developments. There will be particular focus upon the development and financing of renewable energy resources.


Instructor(s): Dennis Duffy and John Moskal

Prerequisites: None

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LAWS 4475 Climate Law and Policy Spring 3
Course Description

Climate change is the defining environmental issue of the 21st century, and one of the most profound social and economic challenges facing the planet. Course will be an up-to-the-minute, interdisciplinary treatment of this cross-cutting subject matter. Course will examine how existing federal laws such as the Clean Air Act and the Nat'l Environmental Policy Act may be used to address climate change, and how new more comprehensive laws may be fashioned. Internat'l dimensions of the problem, including the results of the ongoing post-Kyoto Protocol negotiations, will be emphasized. Course will address domestic legal and policy challenges in detail, including energy policy, transportation, and state and local measures. Course will analyze a variety of legal responses, such as litigation, including potential tort remedies, private voluntary initiatives, corp. responsibility, risk disclosure, and the role of socially responsible investing. Prior familiarity with environmental law not req'd.


Instructor(s): David Wirth

Prerequisites: None

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LAWS 4476 Domestic Violence and the Law Fall 3
Course Description

Courts have increasingly become the forum for responding to issues of domestic violence. This course provides the historical and social context of battering, explains the dynamics of battering relationships and the psychological effects of trauma on battered women and children, discusses civil and criminal law issues arising out of battery, and examines the use of expert testimony as a method of presenting battered women's claims in court.


Instructor(s):

Prerequisites: None

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LAWS 4479 Environmental Law and Policy:New Frontiers-Global Warming Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None, although prior introduction to Environmental Law and Policy is helpful.

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LAWS 4480 Legislation Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4484 Advanced Legal Writing - Employment Law Fall 3
Course Description

In this course, you will apply your legal research, writing and analysis skills in the context of an employment law practice. Assignments will include pragmatic tasks such as a discrimination position statement, an advice letters concerning an employment policy, and a brief addressing an employment law issue.


Instructor(s): Jennifer Connor

Prerequisites: None

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Comments:

LAWS 4485 Advanced Legal Writing Fall 3
Course Description

This course focuses on legal analysis and writing with a particular focus on the audience and purpose of written legal communications. The primary purpose of this course is to assist students in becoming practice ready attorneys. Students will continue to build on the skills gained in their First Year Legal Research and Writing course and need only an interest in bettering their writing skills, including their editing skills. Using hypothetical client problems and a simulated court record, students will write client communications, including client letters and electronic communications, as well as pretrial civil litigation documents, such as legal briefs. Students will spend course time discussing each written assignment, reviewing drafts and collaborating on in-class exercises.


Instructor(s): Helen MacLeod and Jennifer Connor

Prerequisites: None

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Comments:

LAWS 4486 Civil Rights Litigation: Sec 1983 Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4487 Marriage Law Fall 3
Course Description

This seminar examines the legal significance of marriage, focusing on how social mores, significant Supreme Court decisions, moral opprobrium, religion, and civil rights movements impacted, and continue to impact, how the State regulates the ways by which private individuals are permitted to form, maintain, and terminate intimate relationships. The weekly assignments will include excerpts from state and federal cases, magazine and newspaper articles, novels, historical texts, television shows, and movies. A 25-page paper will be required.


Instructor(s):

Prerequisites: None

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LAWS 4488 International Business Transactions Fall 3
Course Description

This is a course on the globalization of private economic relationships and the global regulation of such activity. In particular, the course will focus on identifying and solving the legal problems affecting cross-border transactions in a global regulatory environment. Students will become familiar with the nature of globalization and the global economy; fundamental patterns of business activity across national boundaries; the international legal framework for regulating such activity; and the unique issues raised by sales of goods, licensing, foreign investment and dispute resolution. Private and public law aspects of international business transactions will be examined, including conflicts of law, foreign law, and select issues in WTO, NAFTA and EU law.


Instructor(s): Frank J. Garcia

Prerequisites: None

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LAWS 4489 Semester in Practice Fall 3
Course Description

The SiP Seminar brings together extern students for a weekly discussion of common practice issues and seminar discussions of current issues in the the practice of law, such as changes in the US legal profession, the adversary system, and unmet legal needs. The goal of the seminar is to develop better understanding of the forces that shape a lawyer's professional identity and to learn to become a reflective legal practitioner. This course enables students to bridge the gap between law school and practice. Students keep a daily journal and share their entries weekly with the instructor. Students are required to write a substantial 20-25 page paper on a topic approved by the professor in lieu of an exam. Enrollment by lottery.


Instructor(s): Filippa M. Anzalone

Prerequisites: None

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Comments:

LAWS 4490 Law and Economic Analysis of the Public Sector Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4491 Non-Profit Organizations Spring 3
Course Description

Non-profit Organizations will examine federal and state tax, theory, and practical aspects of nonprofits. We will explore the various types of non-profit organizations, requisites to establish and maintain tax exempt status, and the operational elements of running a non-profit, including governance, fundraising, and management. Class participation will be required and there will be a closed book exam.


Instructor(s):

Prerequisites: None

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LAWS 4492 Seminar in Law and Education Reform Spring 3
Course Description

This interdisciplinary seminar addresses the role of law in education reform and the relationship between law and social science in efforts to promote educational attainment in the nations elementary and secondary schools. The primary focus will be contemporary education reform issues, including educator quality, access to meaningful opportunity to learn, curriculum control, and student, teacher, administrator, and parental rights. The focus of the course will be inquiry on the role of law in school reform, the limits of law-based education reform, and the consequences of statutory requirements for scientific evidence-based approaches to education programs.


Schedule: Biennially

Instructor(s): Diana Pullin

Prerequisites: None

Cross listed with: ELHE7609

Comments:

LAWS 4493 Insurance and Civil Litigation Law Research Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4499 LL.M. Legal Research Fall 1
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 4510 Constitutional Politics Fall 2
Course Description

This is a seminar on the process of constitutional amendment in the United States. We will explore the many ways in which the United States Constitution has changed since its adoption as a result of both formal and informal amendments. We will study Article V of the Constitution, which sets the rules for formally amending the Constitution. We will analyze the role of political actors in changing the text and meaning of the Constitution. Additionally, we will discuss the future of the Constitution, specifically whether and how it should be reformed..


Instructor(s): Richard Albert

Prerequisites: Constitutional Law I

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Comments:

LAWS 5253 International Law of Food Summer 3
Course Description

This course, one of the few if not the only in the world to address this critical subject matter, identifies and analyzes contemporary international legal and policy issues related to food including supply, safety, security, subsidies, and trade. Students will master legal and structural analytical tools for addressing these increasingly important challenges of concern to all global citizens, including in particular undergraduates potentially interested in attending law school seeking an introduction to legal method. Field trips include visits to the European Food Safety Authority and the UN Food and Agriculture Organization in Rome. The course stresses the development of skills to enable students effectively to grapple with new and emerging issues in this ever-changing and expanding field.


Instructor(s):

Prerequisites: None

Cross listed with: INTL2253 POLI2253

Comments:

LAWS 5267 Leadership and Open Government Spring 2
Course Description

Gov. M. O'Malley leads an examination of the characteristics of effective leadership in public administration, with a focus on methods for infusing government with a culture of analytical, data-driven decision making. You will study how effective leaders use information and data to identify and address challenging public policy objectives: create safe communities; improve mass transit and economic opportunity; ensure health and well-being; stem climate changes, and strengthen the common good. Topics include the value of transparency in government and how to achieve it, fundamental principles of performance metrics, the identification and application of different performance measurement techniques, and the use of information and data across the public sector to spark innovation and drive performance. A working familiarity with these skills -- and the nature of what it means to engage in transparent leadership in an Information Age – will be important for all of tomorrow’s leaders.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 5320 Private Equity Spring 3
Course Description

A survey of the legal issues raised in Private Equity transactions taught from the perspective of a practitioner who has been practicing in this area since his graduation from BCLS in 1985. The course will include (1) creating the investing Fund, including choice of entity and securities law issues, (2) the implications of Fund economics, including tax issues related to the taxation of the "carried interest", (3) aligning the interests of the Fund and the target's management and (4)exit strategies , including private sales and IPOs. Corporations is recommended but not required.


Instructor(s): David McKay

Prerequisites: None

Cross listed with:

Comments:

LAWS 5500 J.Braxton Craven Moot Court Spring 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 5510 London Program Spring 6
Course Description

TBD


Instructor(s): Mark Spiegel

Prerequisites: LAWS4439 (E.U.Law)

Cross listed with:

Comments: (Clinical Education)
(International & Comparative Law)

LAWS 5515 Gibbons Criminal Procedure Moot Court Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 5520 London Program Class Fall 1
Course Description

TBD


Instructor(s):

Prerequisites: European Union Law (LL439)

Cross listed with:

Comments:

LAWS 5521 The United States Legal System Fall 2
Course Description

This course is required of LL.M. students who do not hold a U.S. J.D. degree. The course has several objectives: exposing students to fundamental concepts underlying the U.S. legal system, providing survival skills for the LL.M. year, exposing students to key doctrinal areas, and offering a frame of reference for comparing the U.S. legal system with students own. The course is divided into three units: (a) an overview of our basic legal institutions, including the adversary system, the Constitution, and the Bill of Rights; (b) a case study in product liability law, as both substantive exposure to private law and an exercise in identifying and manipulating legal doctrine; and (c) an examination of how the structure of the legal profession and different modes of lawyering contribute to the functioning of the U.S. legal system as a whole.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 5522 Legal Research and Writing for LL.M'S Fall 2
Course Description

Legal Research and Writing for LL.M.’s is a two-credit course that is recommended for LL.M. students who do not hold a degree from a U.S. law school. The course has several complementary objectives: exposing students to the most widely used techniques of U.S. legal research; teaching students to locate primary legal materials from electronic research sources; helping students identify authority that is relevant to a given fact situation; strengthening students' skills in U.S. legal analysis; and improving students' English language writing skills. The course builds on writing and analytical skills students have developed in the U.S. legal system.


Instructor(s): Susan Simone Kang

Prerequisites: None

Cross listed with:

Comments:

LAWS 5530 Kings College Advanced EU law Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: European Union Law (LAWS4439)

Cross listed with:

Comments:

LAWS 5540 London Program/Intro to British Law Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: European Union Law (LL439)

Cross listed with:

Comments:

LAWS 5541 International and Comparative Law Concepts Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: European Union Law (LL439)

Cross listed with:

Comments:

LAWS 5550 Global Practice Seminar Spring 2
Course Description


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 5651 Intoduction to the French Legal System at HEAD Spring 1
Course Description

In this two-week intensive mini course students will learn the sources of French and EU law (statutory, regulatory, and judicial), the branches and functions of the court system, and the nature, contours and limits of a civil law system.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 5652 International Mergers and Acquisitions - HEAD Spring 4
Course Description

This course is an introduction to the legal rules and principles governing cross border corporate transactions involving mergers and negotiated acquisitions. Students will begin with an examination of the deal structures used in most common transactions in the EU, focusing on statutory and regulatory requirements. Students will focus heavily on the structure of the merger agreement and typical provisions negotiated in merger agreements. The object of this final section will be to help students understand the incentives addressed by merger agreement provisions, the legal limits to their use, and the skills required for precise drafting to accomplish a client’s objectives.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6267 Fiduciary Law Spring 3
Course Description

Fiduciary obligations arise in a multitude of private relationships, including business organizations, agency, guardianships, trusts, and professional relationships of various kinds. This seminar will consider fiduciary law as a distinctive legal category and explore fiduciary principles across a wide range of legal subjects. Through the study of statutory and common law fiduciaries – including trustees, corporate directors and officers, partners, agents, lawyers, physicians, money managers and advisers – the seminar will explore why fiduciary duties arise and how obligations and remedies vary for different types of fiduciaries. The seminar will also assess the use of fiduciary law in financial regulation, and the challenges of fiduciary governance in a global business environment. Finally, the seminar will consider how fiduciary principles might be applied to public officials and public institutions.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6270 Conducting Internal Investigation Fall 2
Course Description

This seminar will focus primarily on the issues faced by counsel conducting internal investigations. The issues include the "independence" of outside counsel, relationships with law enforcement when there is a parallel criminal investigation or prosecution, conflicts (who is your client?), the attorney-client privilege, and other matters. The seminar will also consider the impact that public disclosure of the investigation, and/or media interest, may have on counsel's investigative strategy. We will focus on actual examples of recent investigations in the corporate, non-profit and government context, including what circumstances enabled the crisis to develop, and what was effective, or not, about the investigation which was done to address it. The seminar will also address corporate practices which enhance compliance and responsiveness to internal problems before full blown crises develop.


Instructor(s): Mackey/Ware

Prerequisites: None

Cross listed with:

Comments:

LAWS 6601 Catholic Social Thought & the Law Spring 2
Course Description

This seminar aims to explore the Catholic vision of the person, the relationship between the person and society, the Catholic vision of what a good or just society looks like, and the role played by law as an institution in structuring the good or just society. This vision includes a distinctive jurisprudential tradition of thinking about the nature and purpose of law and the relationship between law and morality. This seminar provides an opportunity to think in a sustained way about justice: what do we mean when talk about justice, and what is the relationship between legal justice and social justice, as well as between biblical, theological, philosophical, and legal understandings of justice? In fulfillment of the Perspectives on Justice and the Law requirement, our conversations will strive to engage in systematic reflection examining the normative ideal of justice and the role by law and lawyers in promoting justice.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6602 London Program Extern Class Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6603 Nonprofit Organizations Fall 3
Course Description

This is a course in the law and theory of charities and other not-for-profit organizations. Our primary emphasis is on understanding the state and federal law governing these organizations, together with the rights and responsibilities of their members, officers, and directors. For example, we will explore what is a qualifying "charitable" activity, limits on the commercial and political activities of nonprofits, and rules for executive compensation. Our legal discussion will be informed by an exploration of the purposes of charity, whether it has a unique social mission, and what implications those theories have for the proper governance of the sector. There will be an open-book, in-class 3-hour final exam and occasional ungraded (i.e., fun) in-semester projects.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6604 BC Defender Program Clinic Spring/Fall 4
Course Description

The BC Defender program is a full-year criminal defense clinic and a weekly seminar class. Practicing under faculty supervision pursuant to SJC Rule 3:03, BC Defenders represent clients charged with crimes and probation violations in the Boston Municipal Court (Dorchester Division). In the course of representing their clients, students broaden their own life experiences and develop professional skills, including interviewing, counseling, investigation, legal research and writing, collaborating, negotiating, oral advocacy, case organization and management, and trial skills.


Instructor(s): Frank Herrmann, S.J. and Lisa Grant

Prerequisites: Prerequisites or co-requisites: Criminal Procedure and Evidence or Trial Practice

Cross listed with:

Comments:

LAWS 6605 BC Defender Program Seminar Spring/Fall 2
Course Description

The weekly defense class involves readings, discussions, role-plays, case rounds, mock trials and hearings, and reflections on the students’ experiences, their clients and cases, professional ethics, the role of the public defender, and other issues relating to the criminal justice system.


Instructor(s): Professors Frank Herrmann, S.J. and Lisa A. Grant

Prerequisites: Evidence or Trial Practice, Criminal Procedure

Cross listed with:

Comments:

LAWS 6607 Semester in Practice: International Human Rights Spring 3
Course Description

TBD


Instructor(s):

Prerequisites: There are no prerequisites, though some placements may require Human Rights or Immigration Law

Cross listed with:

Comments:

LAWS 6608 SIP: International Human Rights Seminar Spring 10
Course Description

TBD


Instructor(s):

Prerequisites: None, though some placements may require Human Rights or Immigration Law

Cross listed with:

Comments:

LAWS 6609 Environl Lawyering Compliance & Perfor. Counseling Spring 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6610 American Indian Law Spring 3
Course Description

This is a survey course of the federal and state laws influencing American Indians today. We will review the tortured relationship between Indians and federal, state and local governments and discuss complex legal and policy issues surrounding civil and criminal jurisdiction and environmental and land use issues on and off the Reservation. We will focus on the powers of the respective players in each of these fields. We will analyze conflicts between Tribes and government over issues as varied as trust responsibilities, water and mineral rights, land use and legalized gaming.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6611 Global Justice and Human Rights Spring 3
Course Description

This course will study the history of the idea of global justice from its early inception in Stoic law to its formulation in social contract theory in Hobbes and Locke, through Kant's idea of cosmopolitan justice, and on to its contemporary reconstruction in John Rawls, David Held, Jurgen Habermas, and Thomas Pogge. In the context of examining the status of global justice we will consider the problem of world poverty and how human rights can be defended in a global context with the ever-increasing problems associated with homelessness on a world scale.


Instructor(s): David M. Rasmussen

Prerequisites: None

Cross listed with: PHIL6611

Comments:

LAWS 6612 Philosophy of Law: Past and Future of the State Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6616 Mergers & Acquisitions Lab Spring 1
Course Description

TBD


Instructor(s):

Prerequisites: LAWS7750 (Corporations)

Cross listed with:

Comments:

LAWS 6617 Board of Student Advisors Spring 2
Course Description

By Arrangement


Instructor(s): Rosemary Daly

Prerequisites: None

Cross listed with:

Comments:

LAWS 6618 National Environmental Law Moot Court Fall 3
Course Description

By Arrangement


Instructor(s): Zygmunt J. Plater

Prerequisites: None

Cross listed with:

Comments:

LAWS 6619 Mock Trial Team Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6622 Debt Instruments Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6625 Environmental Law: Natural Resource Remedies Fall 1
Course Description

The recent Deepwater Horizon Oil Spill has focused attention on both the potential and limitations of environmental law to achieve environmental restoration. This course explores issues around the development and defense of resource injury based claims from a practitioners’ perspective, with particular emphasis on how scientific positions are both developed, and challenged. The course will be primarily exercise based, including one requiring you to develop, implement, and then argue- in motions and at trial- an actual field study. Invited lecturers, including attorneys representing government and/or private interests, together with presentations by technical experts, will provide broadened perspective. Meets Mondays, once a week for seven sessions, beginning August 25, together with a two and one half hour weekend session (field study implementation), date TBD.


Instructor(s): Mark Barash

Prerequisites: None

Cross listed with:

Comments:

LAWS 6626 Agencies,Legislatures&Courts:Interdisciplinary App Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with: POLI7709

Comments:

LAWS 6627 Modern Legal Theory Fall 2
Course Description

TBD


Instructor(s): Vlad Perju

Prerequisites: None

Cross listed with:

Comments:

LAWS 6632 Jurisprudence Spring 3
Course Description

This course considers the nature of law, the nature of justice, the nature of the political community, and the purposes of private law. Law has been identified by some thinkers as the commands of the sovereign; the political community and its law have been accounted for based on submission to a common commander. Other approaches propose that law in its fullest sense is embedded in a community which is dedicated to justice. This course compares these approaches in a critical manner. It inquires into the nature of justice and freedom, with special attention to Aristotle, Cicero, and thinkers in the Jewish and Christian traditions


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6635 National Security Law Fall 2
Course Description

This course will cover basic issues in National Security Law, particularly those relating to counter-terrorism. Particular topics include the following: the basic criminal framework; surveillance issues; problems in trying terrorism suspects, sentencing issues, habeas corpus; and, damages suits by terrorist victims and suspects. Grade will be based on a 20 page paper for two credits. Students can take this course for three credits by writing a paper of 35 pages.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6636 Business Negotiations Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6642 Introduction to Litigation Spring 3
Course Description

This course introduces first-year students to the joys and challenges of civil litigation practice by focusing on the specific skills needed, and ethics issues that arise. Skills covered include client interviewing, case planning, fact investigation (including discovery), client counseling, negotiating, and courtroom advocacy. The class will explore how a civil litigator's often competing ethical responsibilities naturally lead to challenges in making strategic decisions. We will cover the Model Rules of Professional Conduct for lawyers with special attention to obligations of loyalty, zeal, confidentiality, avoidance of conflicts of interest, fairness in dealing with opponents, and honesty in interactions with courts. The method of instruction will include skills exercises in which students will conduct and critique simulated interviews, case planning and strategy discussions, fact investigation, client counseling sessions, negotiations, and courtroom advocacy presentations.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6660 Foundations of Western Law Fall 3
Course Description

This seminar will place students into a conversation with some of the key thinkers who have shaped our modern Western legal traditions. In addition to Plato and Aristotle, the readings will be drawn from 17th, 18th, and 19th century English, French and German political philosophers. Themes include: how these authors influenced common and civil law systems; the relation among religion, law and morality and the problem of human knowing; the concepts of "law", "reason", "human nature" and the foundations of rights theory; the shift from the good to legitimacy; the rise of individualism and the problem of community.


Instructor(s): Thomas C. Kohler

Prerequisites: None

Cross listed with: PHIL6660

Comments:

LAWS 6663 Children's Law and Public Policy Fall 2
Course Description

Children's Law and Public Policy provides an overview of U.S. law and legal systems impacting the lives of vulnerable children. The course focuses both on process, how courts, administrative agencies, and attorneys representing youth, parents and the state process and service cases of individual youth, and on policy, how these systems are designed and connected to one another and to broader developmental and rights frameworks. Substantive legal areas will include child maltreatment and termination of parental rights, status offenses, juvenile justice, challenges to state systems and conditions for youth in custody, school exclusion and its relationship to special education law, special immigrant juvenile status, and domestic and international trafficking of minors.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6668 Legislation&Regulation Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6670 ICT:Theory and Practice Fall 9
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6671 Federal Court Civil Litigation Seminar Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6672 Law and Religion Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: Constitutional Law II or First Amendment

Cross listed with:

Comments:

LAWS 6673 Law of War, War Crimes and Genocide Spring 3
Course Description

This course examines the development of the law of armed conflict and the prosecution of war crimes, and the legal aspects of genocide. Topics include The Hague and Geneva Conventions, the International Military Tribunals at Nuremberg (1945), and Tokyo (1946), the My Lai massacre in Vietnam (1968), the Rwandan genocide (1994), the Genocide Convention, and the Convention Against Torture. We also consider litigation over the status and rights of detainees at Guantanamo Bay, Cuba, issues presented by drone warfare and targeted assassinations, and new assertions of jurisdiction over war crimes, crimes against humanity and genocide, including The International Criminal Court. Related topics, such as the defense of superior orders and the doctrine of command responsibility, and law and the future of war, will also be considered. Breaking developments will be incorporated into class discussion.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6674 ICT:Theory and Prac Sem Fall 1
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6676 International Environmental Law Fall 2
Course Description

This course addresses the nature, content and structure of international environmental law. The course commences with an introduction to international environmental problems, together with basic principles of international law and environmental regulation. Specific topics include global warming, stratospheric ozone depletion, and exports of hazardous substances. Other topics may include marine pollution, transboundary pollution, trade and environment, and development and environment. The course evaluates the role of international and non-governmental organizations; the interrelationship between international legal process and domestic law; and the negotiation, conclusion, and implementation of international environmental agreements. Class meets at the Fletcher School, Graduate School of International Affairs, Tufts University.


Instructor(s): David Wirth

Prerequisites: None

Cross listed with:

Comments:

LAWS 6677 Mergers and Acquisitions Spring 3
Course Description

This course is an introduction to the legal rules and principles governing corporate transactions including mergers and negotiated acquisitions. We will begin with an examination of the deal structures used in most common transactions, focusing on statutory requirements and relevant Federal regulations. We will then turn to questions of the Delaware common law and the fiduciary duties of selling directors in the context of mergers and acquisitions. Finally, we will turn to the merger agreement. In that setting, we will study the structure of the merger agreement and typical provisions negotiated in merger agreements. The object of this final section will be to understand the incentives addressed by each such provision and the legal limits to their use.


Instructor(s):

Prerequisites: Corporations

Cross listed with:

Comments:

LAWS 6679 Trusts and Estates Fall 4
Course Description

This course explores the basic law surrounding the disposition of property at death: (1) overview of the estate planning process and the policy considerations regarding inheritance law; (2) the process by which property is distributed in the absence of a will (intestacy); (3) the law of wills, examining challenges to the will, formal requirements for the execution of a valid will, revocation, and construction; (4) will substitutes and planning for incapacity; (5) the law of trusts, including revocable and pour-over trusts, and creditor and beneficiary rights; (6) brief coverage of powers of appointment, perpetuities, charitable trusts, and general tax considerations. This course does not address in detail tax-motivated estate planning (see instead Estate and Gift Tax and Estate Planning).


Instructor(s): Ilana Hurwitz

Prerequisites: None

Cross listed with:

Comments:

LAWS 6682 Commercial Law: Secured Transactions Fall 4
Course Description

This course explores secured financing - transactions in which a creditor, a lender or a seller, takes a security interest in collateral to secure its ability to be repaid. The course focuses principally on secured transactions involving personal property and fixtures (Article 9 of the Uniform Commercial Code). It examines the debtor-secured creditor relationship at state law and in bankruptcy. The course adopts a problem-solving approach. Class time is devoted almost exclusively to analyzing the assigned problem. This is a basic or "primer" course for business law practice. It also provides an intense experience in interpreting statutes.


Instructor(s): Ingrid Hillinger

Prerequisites: None

Cross listed with:

Comments:

LAWS 6683 Immigration Consequences of Criminal Convictions Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6684 Family Law:Child,Parent,State Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6685 Judicial Decision-Making Fall 2
Course Description

This seminar explores judicial decision making in the trial and appellate courts. Drawing on written decisions and related readings, this class is a study of many facets of judicial decision making, including but not limited to the following: - The craft of the written decision; - The challenges of saying too much or too little; - Why certain issues are particularly difficult for judges; - The interaction between trial court and appellate court decisions; - What is explainable and unexplainable about judicial decision making; - How judicial philosophy and judicial process affect decision making; - Factors that should not affect decision making; and - What works and does not work in judicial decisions. Through the study of these and similar issues, the students will hopefully become more informed critics of judicial decision making and more effective advocates in court.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6686 Anglo-American Legal History Fall 3
Course Description

A study of how law originates and changes, with an emphasis on some of the fundamental controversies of legal history. The course will cover Anglo-American law and legal institutions from the Anglo-Saxon period through the twentieth-century legal realist movement, and will examine closely the origins of the courts and the jury, the sources of law, the development of precedent justice, and the growth of the legal profession. No previous background will be assumed, and the course will lead into the American Legal History course.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6688 Children's Rights Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6689 Life and Death Decisions Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6691 Frederick Douglas Moot Court Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6693 Telecommunications Law Fall 3
Course Description

This course surveys the basic principles underpinning our nation's telecommunications laws. We will explore the legal and regulatory treatment of several related telecommunications services, including landline telephone, wireless, cable, and internet service, and how technological developments have challenged the existing legal framework. The course will focus on administrative and statutory law, paying special attention to the design and implementation of the Communications Act of 1934. The course will also address the role of antitrust, intellectual property and constitutional law (particularly the First Amendment) in shaping our nation's telecommunications landscape. Finally, the course will consider the role played by state and federal agencies, such as state public utility commissions and the Federal Communications Commission, in developing and administering telecommunications policy.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6694 Intellectual Property Licensing and Technology Transfer Spring 3
Course Description

Licensing of intellectual property assets has become a multi-billion dollar business annually, and many of the largest technology companies derive a significant portion of their revenue from licensing income. This course will provide an introduction to the licensing of intellectual property and negotiation of related agreements. Topics covered will include IP fundamentals, the foundations of IP licensing, licensing strategies, drafting, negotiation and enforcement. The course will include a mix of lecture and interactive workshops. No prior experience with intellectual property is strictly required, although students are strongly encouraged to take one or more IP courses either prior to enrolling or concurrently with the class. A technical background is not required.


Instructor(s): S. James Boumil and Joseph Capraro

Prerequisites: None

Cross listed with:

Comments:

LAWS 6696 International Trade and Investment Law Fall 3
Course Description

This is an integrated and comprehensive course on the law, theory and policy of international trade and foreign investment law, which together comprise international economic law (IEL). The course will introduce students to the treaty-based WTO international economic law system, its principal agreements and institutions, its core doctrines, and some of its current policy questions. The course will also introduce students to the law of foreign investment, key doctrines, and the contemporary BIT system. The course will conclude with an examination of current issues and challenges, such as IEL dispute settlement, IEL and development, IEL and the environment, and IEL and human rights.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6697 Complex Litigation Fall 2
Course Description

This seminar will explore the procedures used for complex multi-party litigation focusing primarily on mass torts cases, e.g. asbestos litigation, and public interest injunctive litigation, e.g. employment discrimination, prison reform cases. The course will begin with a comparison of "ordinary litigation" and complex cases. Our goal will be to determine whether complex cases are cases whose only significant difference is that they are larger than other cases or whether complex cases are different in other significant ways. We will then consider issues such as joinder of claims and parties, and consolidation of multi-party cases. A primary focus of the course will be class actions. Although the course will be of use to the litigator, it will also emphasize evaluating the adequacy of current procedural mechanisms to handle complex litigation


Instructor(s): Mark Spiegel

Prerequisites: None

Cross listed with:

Comments:

LAWS 6699 Social Security Law Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6760 China's Challenge: The Role of Law in the PRC Spring 3
Course Description

For better or worse, China impacts all our lives. She is a leading force on the global political and economic scene. At the same time, she faces epic problems concerning the environment, corruption, increasing income gap and much more. This course examines China's project of legal development since the 1980s, which is perhaps the most concerted effort in world history to build a legal order and yet one that continues to encounter difficulties in addressing the nation's many challenges. After a short review of China's pre-revolutionary legal history and an introduction to its principal modern legal institutions, this course will look at a cross-section of the most important legal questions confronting China and a world seeking to deal intelligently and effectively with it. Areas of focus will include legal questions surrounding the economy, foreign investment, intellectual property protection, the political sphere, social issues, and dispute resolution.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6810 Advanced Topics in Torts Fall 2
Course Description

This team-led seminar course builds on first year torts and will explore a range of advanced topics selected primarily by the class. After an orientation to current issues in Torts, students will select, in teams of 2-3, topics to explore in depth. The topics may include mass torts, multi-district litigation, class actions; the relationship between legal and regulatory standards (e.g., FDA and Tort duties); extraterritoriality; punitive damages; no duty issues; insurance and tort liability (including ethical issues of insurance defense attorneys); business torts; SLAP suits; constitutional torts; evidentiary issues; tort issues in personalized medicine, gene sequencing and new technologies; tort liability of gun sellers, etc. Each team will be expected to interview tort attorneys to build a deeper understanding of their topic and will lead a class


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 6824 Corporate Governance & Risk Fall 3
Course Description

This course focuses on corporate governance practices in the U.S. and their impact on risk taking by corporations and financial institutions. Students will gain a firm grounding in the principles of corporate governance including the role of state corporate law, securities law and oversight of the banking system. Topics covered will include the ownership structure of financial firms and professional gatekeepers, executive compensation practices, the role of directors, securities fraud liability, corporate recruitment policies, and shareholder activism. While exploring these topics we will review recent regulatory reforms including the Dodd-Frank Act. The only prerequisite is the basic corporate law course.


Instructor(s):

Prerequisites: Corporations

Cross listed with:

Comments:

LAWS 6842 Defamation Law and Litigation Spring 3
Course Description

This course offers an in-depth study of First Amendment media and defamation law, together with a clinical component designed to develop litigation skills. The seminar will cover such issues as the evolving concept of what constitutes defamation, the public figure doctrine, the opinion defense, confidential sources, burden of proof, Internet and social media, and related issues. Students will draft pleadings in a hypothetical case and take the depositions of the parties, witnesses and an expert. Heavy emphasis will be placed on class participation. In lieu of a final exam, students will be required to prepare a summary judgment memorandum based on both the case law and the discovery information developed during the course, using transcripts of the depositions.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7078 Global Citizenship: Interdisciplinary Seminar Fall 3
Course Description

Today’s world is a maelstrom of cultures, languages, races, issues, perspectives, hopes, and challenges. In this course, we will look at some burning issues of our time: e.g., poverty, ecology, migration, refugees. This exploration will be achieved in an interdisciplinary manner by combining the cross-perspectives of social work, law, and theology. Special attention will be given to 'agent' - the person called to face world issues through the existential notion of mission, values, and purpose/vocation. Consideration will be given to the situation of Haiti, where the whole class will travel over the winter break for a field trip.


Schedule: Periodically

Instructor(s): Andre Brouillette, S.J., Margaret Lombe and Mary Holper

Prerequisites: Students who want to take this course and the field trip it entails will be interviewed. Requirement for STM students: one year of theological studies.

Cross listed with: SCWK7790 TMST8078

Comments: Elective

LAWS 7461 Human Rights Interdisciplinary Seminar Spring 3
Course Description

Students wishing to apply for the seminar should submit a brief statement explaining their interest (no longer than 250 words) to humanrights@bc.edu with the subject-line "Human Rights Interdisciplinary Seminar." Please include your Eagle ID and academic discipline in the application. The application deadline is Thursday, November 5, 2016. In the spring of 2017, the seminar's focus will be on the ethical, politico-legal, and psychosocial issues confronting those whose human rights are affected by torture, drones, sexual violence, forced movement, deportation and migration. The differential effects of rights violations due to power based on "gender," "race," ethnicity and economic resources will be critically examined. We will also explore refugee movement and migration and the contours of asylum and other forms of protection, especially in the context of humanitarian crisis, war, and grave forms of economic injustice.


Instructor(s): Brinton Lykes and Daniel Kanstroom

Prerequisites: None

Cross listed with: APSY7461 EDUC7461 THEO7461

Comments:

LAWS 7703 Education Law and Public Policy Fall/Spring 3
Course Description

This course addresses the political and legal aspects of the role of education in our democratic society. Provides an introductory survey of public policy issues and laws governing preschool, elementary, secondary, and higher education. Included are such topics as religious freedom, free speech, and due process; the liability of educational institutions and educators; the legal distinctions between private and public institutions; student and parent privacy rights; disability rights; and the promotion of educational equity among all groups regardless of gender, sexual orientation, language, race, religion, ethnicity, or socioeconomic background.


Instructor(s): Diana Pullin, Michael Joyce, Norah Wylie and Phil Catanzano

Prerequisites: None

Cross listed with: ELHE7103

Comments: Registration by LSOE students is by dept. permission only. LSOE students please contact the department by email elhe@bc.edu. Law students register through the normal Law School registration process.

LAWS 7706 Seminar on Law and Higher Education Spring 3
Course Description

The Law and Higher Education seminar covers a broad range of pressing contemporary topics impacting institutions of higher education. Topics range from First Amendment concerns on campus, to the business of higher educational institutions (e.g., intellectual property protections and high profile athletic programs), to the impact of government and non-governmental actors on the university, to the future prospects of the American higher education model. The legal, historical, and theoretical underpinnings of each issue are covered, but the focus of the seminar is on the practical decision-making of general counsel, administrators, students, and others who coexist in the university context.


Schedule: Biennially

Instructor(s): Philip Catanzano

Prerequisites: ELHE7103/LAWS7703 Education Law and Public Policy or 2L or 3L status at BC Law School

Cross listed with: ELHE7607

Comments:

LAWS 7707 Habermas: Law and Politics Fall 3
Course Description

Between Facts and Norms, the recent work by Jurgen Habermas, is thought by some to be one of the most comprehensive works in political philosophy and law in recent decades. The book with its original thesis about the co-relation between private and public autonomy can be read in the great tradition of the philosophy of law inaugurated by Kant and continued by Fichte, Hegel, and Weber. Habermas has written essays on religion and politics, globalization and human rights, cosmopolitanism and international law. We will read key chapters of Between Facts and Norms and Habermas' writings on law and politics.


Schedule: Periodically

Instructor(s): David M. Rasmussen

Prerequisites: None

Cross listed with: PHIL7707

Comments:

LAWS 7708 Business Law and Health Care Enterprises Spring 3
Course Description

This seminar focuses on the business and corporate practices of health law. It covers legal issues involving private and government insurance, managed care, tax-exempt status, health care organizations, professional contracts, and labor relations. Evaluation will be based on a substantial paper, class presentation, and class participation.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7710 Theories of Constitutional & Statutory Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7712 Rawls' Political Philosophy Fall 3
Course Description

In my view the greatness of the Rawls’ thought is to be found in his attempt to redefine the task of political philosophy by taking seriously the phenomenon of pluralism, which characterizes modern democratic culture. His work from The Theory of Justice onward can be read in light of that attempt. In this course we shall attempt to reconstruct the process that led from The Theory of Justice to the writing of Political Liberalism and The Law of Peoples. We shall also consider some of the significant secondary literature on Rawls' later work.


Schedule: Periodically

Instructor(s): David M. Rasmussen

Prerequisites: Familiarity with the Works of John Rawls

Cross listed with: PHIL7746

Comments:

LAWS 7716 Deals: The Economic Structure of Transactions Fall 4
Course Description

The goal of this course is to explain both how private parties actually order their commercial interactions and to develop a systematic theory of how they ought to do so. Successful deal lawyers are able to anticipate potential contracting challenges in transactions and build into contracts or transaction structures responses to these potential problems. They often do so without any systematic theory to guide them. Years of experience, often with mistakes along the way, help deal lawyers develop their instincts about what works in different transactional settings. This course will focus on the economic challenges as well as the sources of value creation in transaction design and contract. The hope is to help you kick-start the development of transactional instincts and better prepare you to anticipate deal challenges and how you might creatively address those challenges through contract and deal design.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7717 International Investment:Law&Dispute Resolution Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: International Trade Law is recommended.

Cross listed with:

Comments:

LAWS 7722 National Security: Anatomy of a Prosecution Spring 2
Course Description

This course will examine how the “war on terror” plays out in a crucial forum: the Article III trial courts. The goals are twofold: to focus on how complex prosecutions actually unfold in an actual case; and, to consider how doctrinal issues are shaped and resolved in the course of a trial. The subject of our study will be the 35 day prosecution of Tarek Mehanna for a range of terrorism offenses, including the provision of material support to terrorists, and conspiracy to kill abroad


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7723 Partnership:Transactions, Planning, and Tax Fall 3
Course Description

This course will examine tax and economic issues associated with partnerships and limited liability companies. There will be occasional reference to substantive state partnership law as necessary to understand other concepts. Aimed at students interested in small business, venture finance, real estate, or general transactional work as well as taxation.


Instructor(s): Linda M. Beale

Prerequisites: Tax I

Cross listed with:

Comments:

LAWS 7724 Advanced Immigration Clinic Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7726 Labor and Employment Arbitration Spring 2
Course Description

This course will examine arbitration as a dispute-resolution mechanism for disputes arising in the workplace (unionized and non-unionized). First, the course will examine the widely accepted use of arbitration to resolve disputes under public and private sector collective bargaining agreements (Labor Arbitration). Later, it will address the legal principles governing arbitration to resolve disputes arising under employment regulation statutes like Title VII of the Civil Rights Act of 1964. In addition, we'll look at disputes that arise out of individual contracts of employment in the non-unionized workplace (Employment Arbitration). The course will both study the substantive law, and, use simulations to teach the practical skills necessary to represent clients in both labor and employment cases and in arbitration generally. These practical skills include case preparation, opening and closing statements, and direct- and cross-examination of witnesses. Enrollment is limited to 15 student


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7730 Ideology and the Roberts Court-The Religion Cases Spring 2.0,3
Course Description

In the first part of the seminar, we will examine the validity of ideological characterizations of the Supreme Court. The second part will be a consideration of analyses of the "Roberts Court," and whether it can be viewed as "conservative." To test whether the current Court is accurately described as conservative, the third part will consider whether religion cases that it has decided fit an ideological pattern. The field often presents the Court with divisive issues. Hobby Lobby (whether discriminatory practices might be protected by concepts of religious liberty) was highly controversial. Trinity Lutheran Church (pending) presents the equally controversial issue of state aid to religious institutions. In Hosanna Tabor Lutheran Church the Court dealt with the difficult question of judicial intervention in intra-church disputes. The three parts should help provide answers to important questions of Constitutional Law.


Instructor(s): George Brown

Prerequisites: None

Cross listed with:

Comments:

LAWS 7731 Administrative Law Fall/Spring 3
Course Description

This course will examine the legal framework for the work of administrative agencies. We will explore the sources of authority for agency action under the U.S. Constitution and will examine the accountability of agencies to the legislative and executive branches of government. The course will survey the procedures that agencies must follow when they engage in rulemaking, enforcement, and adjudication. We will study the role of the courts in overseeing agency action. This course is intended to introduce students to regulatory agencies in a variety of substantive fields of law, such as financial, environmental, healthcare, immigration, labor, to name a few.


Instructor(s): Wirth

Prerequisites: None

Cross listed with:

Comments:

LAWS 7732 Church and State Fall 3 or 2
Course Description

This course will examine the multitude of legal and policy issues that flow from the "Religion Clauses" of the First Amendment (Establishment and Free Exercise). The prohibition on establishment raises important questions such as religion in schools, aid to religious schools, and governmental display of religious symbols such as crosses and the Ten Commandments. The guarantee of free exercise presents particular problems when the practices of minority religions vary from generally applicable norms. We will consider the intersection of religion and national security in the context of measures that seem to single out the Islamic faith for special scrutiny.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7733 Business Bankruptcy Spring 4
Course Description

This course explores business reorganization under Chapter 11 of the Bankruptcy Code. It also touches on Chapter 7 liquidation for business entities. It adopts a problem-solving approach. Secured Transactions is recommended but not required. Students should take this course if they plan to practice any type of business law -- transactional as well as commercial litigation.


Instructor(s): Hillinger

Prerequisites: None

Cross listed with:

Comments:

LAWS 7735 American Jury Spring 3
Course Description

This seminar will explore the jury system in the United States and in particular Massachusetts, in theory and in practice, in both civil and criminal proceedings. A variety of issues will be discussed including the history of the jury in the United States, jury composition, voir dire of prospective jurors by the judge and/or the lawyers, challenges for cause and peremptory challenges, trial issues and the jury, jury perceptions of the evidence, the roles of the jury and the judge, innovative techniques with respect to the jury (including the questioning of witnesses by jurors, interim commentary by counsel during the course of the trial, and discussion of the evidence during the trial by jurors), deliberations by the jury, jury nullification, the death penalty and the jury, the jury and scientific evidence, the requirement of unanimity, instructions of law by the judge to the jury, and the effectiveness of the jury in determining the truth.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7739 Conflict of Laws Fall 3
Course Description

Conflict of Laws is the study of the problems that arise when the significant facts of a case are connected with more than one jurisdiction. When different jurisdictions --- states or nations --- have adopted different substantive law, which law should govern? The answer to that question, in the domestic context, is the study of federalism in practice. And the question itself is one that regularly faces litigators, transactional lawyers, and, increasingly, those interested in domestic relations. This course will address the choice-of-law approaches adopted in American courts. Major topics will include the role of the US Constitution in interstate conflicts; choice of law issues faced by federal courts; preemption; and conflicts with international law.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7740 Current Topics in Regulatory Reform Seminar/Advanced Administrative Law Spring 2.0,3
Course Description

The seminar will explore administrative process reforms under the current White House & Congress. We will study reforms across a variety of fields (e.g., environmental, financial, health care) with focus on structural & process changes in the administrative apparatus. Likely covered topics include: new Exec. controls of admin. action, impact of greater use of the Congressional Review Act, legal process for rescission of rules, enhanced regulatory authority for states, role of science in admin. decision-making, contours of legal authority for govt. re-organization, changes in enforcement policy, role of the budget in admin. action, & legislative efforts to change the admin. process. Attention will be given to regulatory reform efforts of previous Administrations. Students will be expected to do written work & participate in class. Students electing the 3-credit option will be expected to research & write a more substantial paper (20 pgs) on a seminar topic, which will satisfy the ULWR.


Instructor(s): Elizabeth Foote

Prerequisites: None

Cross listed with:

Comments:

LAWS 7742 European Union Labor and Employment Law Spring 2
Course Description

The existence of a “European social model” is sometimes recognized/challenged. What it means & what inspiration can be drawn from its understanding is one major objective of this course. Using comparisons with the US system and taking into account the challenges of globalization & regional integration, the focus will be on the various aspects of the social dimension of the EU. We will place special emphasis on the relationship between German and European law. The class begins with an explanation of the legal basics of the EU, the right of establishment, the freedom to provide services and the free movement of workers in the common market and continues with a series of selected topics.


Instructor(s): Thomas Kohler and Frank Bayreuther

Prerequisites: None

Cross listed with:

Comments:

LAWS 7743 Estate Planning Spring 2
Course Description

This course provides a practical approach to estate planning, the process by which lawyers work with their clients to provide for the transfer property during life and upon death. Estate planning involves wills as well as trusts to provide for the care of minor children, establish charitable bequests and obtain favorable tax treatment. It also involves planning for succession of businesses and planning for retirement benefits and life insurance. We will be focusing on practical estate planning techniques as well as how an estate planner prepares documents to create a complete estate plan. Estate and Gift Tax is recommended, however, students can also take course with permission of the professor.


Instructor(s): Ray Madoff

Prerequisites: Estate and Gift Tax

Cross listed with:

Comments:

LAWS 7746 Copyright Fall 3
Course Description

This course studies the ability of authors, publishers, artists and others to control the distribution, sale, copying and performance of their works. Topics will include the subject matter of copyright, requirements for copyright, proof of infringement and remedies. The course will cover the application of copyright law to music and literature as well as the rapidly developing use of copyright law to protect high technology products such as computer programs. Students interested in pursuing careers in high technology law should seriously consider taking classes in both copyright and patent law.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7747 Family Law Fall 3
Course Description

The practice of family law applies rights and duties to people who are in relationship to one another, either through love, obligation, or blood. Social norms, customs, and practices are constantly reimagining how and with whom these relationships are formed. This course looks at historical and contemporary ways by which families are formed, maintained, dissolved, and defined by law. The course in particular provides an overview of marriage, divorce, child custody, parental rights, and adoption.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7748 Corporate Finance Spring 3
Course Description

This course will explore the legal and basic finance issues associated with the issuance and trading of the various instruments that companies use to finance their activities, including common stock, preferred stock, long- and short-term debt and derivative securities. We will look at the question of when and why these securities are utilized, how they are valued and how they interrelate to each other. The discussions will mix practice with theory and will rely on a combination of case law, statutory law and if history is any guide, the Wall Street Journal. The focus will be on the legal perspective, and although we will consider valuation and other finance topics, it will be in the context of understanding the lawyer's role.


Instructor(s):

Prerequisites: Corporations

Cross listed with:

Comments:

LAWS 7749 Immigration Law Spring 3
Course Description

U.S. immigration law involves such technical questions as how to obtain a visa, a "green card," citizenship and who is subject to deportation. It is also "a magic mirror" in which the highest aspirations and the deepest biases of American legal culture and history are reflected. This course explores both aspects of this complex area of law: the technical/legal and the political/philosophical. It involves constitutional law, administrative law, statutory interpretation, among other disciplines. There are traditional lectures, class discussions, in-class exercises, outside speakers, films, and court visits. The three-credit course requires class attendance, participation, and a final exam. More detailed information will be available in the first class. It is a pre- or co-requisite for the Immigration Clinic.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7750 Corporations Fall/Spring 3
Course Description

This is the basic course in corporation law. It focuses on the governance structure of the corporation and the allocation of power and responsibility among shareholders, directors and officers. Topics covered will include corporate formation, choice of entity, shareholder voting fiduciary duties of officers and directors, insider trading, and the role of the corporation in society.


Instructor(s): Scott FitzGibbon and Brian J.M. Quinn

Prerequisites: None

Cross listed with:

Comments:

LAWS 7751 Mutual Fund Regulation Fall 2
Course Description

The course will cover the regulation of mutual funds and other investment companies under the Investment Company Act of 1940. Emphasis will be placed on practical issues encountered by lawyers representing mutual funds, their investment managers, fund boards, and investors. Topics will include what constitutes a mutual fund, different types of investment companies, fiduciary duties owed to funds and their investors, issues arising from the sale and marketing of mutual funds, and the governance role of boards of directors of mutual funds. We will explore the similarities and differences between mutual funds and conventional corporations


Instructor(s):

Prerequisites: Corporations

Cross listed with:

Comments:

LAWS 7752 International Aspects of U.S. Income Taxation Spring 3
Course Description

This course provides an introductory examination of the basic rules and policies bearing upon the taxation of international transactions. The course will cover the major U.S. income tax rules governing the taxation of foreign persons (including corporations) investing and doing business in the United States (inbound transactions) and the taxation of U.S. persons (including corporations) investing and doing business abroad (outbound transactions). The goal of the course is to provide an overview of the structure, issues and rules pertaining to the U.S. taxation of cross border transactions. The major issues examined include jurisdiction to tax, treaties, source of income, mechanisms for reducing or preventing double taxation of income, transfer pricing, and regimes that prevent deferral of U.S. income tax on certain types of income.


Instructor(s):

Prerequisites: Tax I

Cross listed with:

Comments:

LAWS 7753 Scientific and Expert Evidence Seminar Spring 3
Course Description

TBD


Instructor(s):

Prerequisites: Evidence

Cross listed with:

Comments:

LAWS 7754 Selected Topics:National Security Law Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7757 Labor Law Spring 3
Course Description

What do the NFL, Major League Baseball and other professional sport leagues, the entertainment industry, the Writers' Guild, as well as large portions of the health care, hospitality, service and manufacturing industries, to name a few, have in common? Collective bargaining and the law governing that process regulates employment relations in all these industries. This course examines the Nation's basic collective bargaining statute, the National Labor Relations Act, the statute that provides the basic model for public-sector labor relations as well. Among other issues, this course examines the legal framework for bargaining, for dispute resolution through the grievance-arbitration process, the regulation of economic pressure tactics, union organizing and a series of Constitutional issues affecting this area. Current trends are highlighted and existing doctrine is studied in light of its demonstrated or likely impact. Evaluation by examination.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7758 American Pragmatism Fall 3
Course Description

Pragmatism is the most distinctive philosophical movement to arise on American soil. Its origins can be traced to a post-Civil War discussion group called the Metaphysical Club whose members included Charles Peirce, William James, Oliver Wendell Holmes, Jr., and a number of other distinguished thinkers. Their influence extended to many fields well into the twentieth century. In this class, we will consider pragmatism as a theory of meaning, a philosophy of science, and a political theory that places an on-going human community at the center of the quest for knowledge.


Instructor(s): Catharine Wells

Prerequisites: None

Cross listed with: PHIL5502

Comments:

LAWS 7759 Land Use Planning Fall 3
Course Description

This course will provide participants with a detailed and national review of the techniques used by local and regional governments to regulate the development of real property. Strong emphasis will be placed on the relationship among land use planning, land use law, and natural resources. We will focus in detail on numerous traditional land use planning controls (zoning, subdivision control, and health regulations) but spend considerable time analyzing the legal issues involved in the use of more innovative land use regulations (transfer of development rights, exactions, impact fees, and development agreements). Participants will become well-versed in all aspects of local, regional, and state land use controls and permitting procedures for residential and non-residential development.


Instructor(s): Jonathan Witten

Prerequisites: None

Cross listed with:

Comments:

LAWS 7761 Philosophy of Law:Freedom&Authority/Criminal Law Fall 3 or 1
Course Description

One phenomenon is universally implicated in social order: organized violence. Of all forms of organized violence, none is more routinely deployed than punishment for criminal offenses. From time immemorial, societies have sought in the distribution of punishment a mechanism to promote their most cherished values and avert their greatest fears. This has become true of the global society as well. Criminal law is the arena where the social or biological misfortunes of individuals, the blameworthy deficiencies of their will and intention, and the power of social orders all face off. This 3-credits (4-credits optional) course interrogates the conditions under which punitive violence may transmute into legal authority consistent with freedom, equality, and dignity.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7763 Comparative Law Seminar: Islamic Law Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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Comments:

LAWS 7766 Consumer Law Spring 2
Course Description

Every time you use cash or credit to buy goods or services for personal use, Consumer Law governs your rights and responsibilities. This course provides a general overview of Consumer Law standards, and focuses on the tools available to attorneys representing consumers (and those defending companies) when consumer disputes arise. The course will consider the common law, statutory, and regulatory regimes that govern Consumer Law claims. We will also analyze the tactics and strategy involved in consumer protection litigation, by reviewing real examples and examining the choices available to both the businesses and consumer advocates in the ensuing court actions. Finally, we will focus on several specific substantive areas, including the sub-prime mortgage debacle, internet privacy, and credit card reform. Due to time constraints and the availability of other courses, this course will not cover personal bankruptcy. Grades will be based on an in-class examination.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7769 Health Law Fall 3
Course Description

This course will introduce students to patient care issues within the context of the U.S. health care delivery system. The course will cover both legal and policy aspects of: 1.) Cost, quality, access and health care delivery in the U.S.; 2.) Medical liability and the provider/patient relationship; 3.) Regulation of private health insurance and the impact of health reform; 4.) Selected current issues in bioethics.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7771 Comparative Health Law Spring 2
Course Description

As federal and state legislators struggle to implement the Affordable Care Act (Obamacare), it is important to understand the operation of health care law and policy in other countries. Comparative analysis of the U.S. and other nations chosen by class members will evaluate different approaches to: (1) conceptualizing health, the right to health care, and the individual's right to make informed and autonomous decisions in accepting or rejecting treatment, and (2) financing and delivering health care while balancing the competing objectives of cost control, universal access, and quality assurance. After completing that unit, the class will evaluate (3) the FDA's efforts to become a global agency, and (4) how different nations address therapeutic innovation, with particular attention to medical drugs and devices.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7774 Securities Regulation Spring 3
Course Description

This course provides an overview of the federal regulation of the issuance and trading of stocks and other securities, focusing on the Securities Act of 1933 and the Securities Exchange Act of 1934. We will analyze the regulation of the public offering of securities and discuss the structure and operation of securities trading markets. Topics covered will include the disclosure regime for public companies, exemptions from the securities laws' registration requirements, and liability under the securities laws, including sanctions for fraud and insider trading.


Instructor(s):

Prerequisites: Corporations is recommended.

Cross listed with:

Comments:

LAWS 7777 Taxation II Fall 3
Course Description

Tax II explores the taxation of corporations. After a brief review of the other common forms for organizing a business and their distinctive tax treatments, the course focuses on the most important federal income tax issues relating to the organization, operation, liquidation and reorganization of publicly-traded corporations (and other "C" corporations). This includes the relationship between corporations and shareholders and the treatment of dividends and redemptions. The course is important for any student thinking of practicing in the general business area, even if she or he does not intend to become a "tax specialist".


Instructor(s):

Prerequisites: Tax I

Cross listed with:

Comments:

LAWS 7778 Taxation III (Advanced Corporate Tax) Spring 3
Course Description

Tax III is the most advanced course in the tax curriculum (note that Tax I and Tax II are prerequisites). It deals with both taxable and tax-free corporate acquisition transactions, the treatment of net operating loss carryovers, single corporation reorganizations and an introduction to the consolidated return rules and subchapter S. Students will engage in a variety of projects including some mix of the following: negotiate the terms of an acquisition transaction, prepare drafts for a request for a private letter ruling from the IRS, and draft tax opinions letters.


Instructor(s):

Prerequisites: Tax IA and Tax II

Cross listed with:

Comments:

LAWS 7780 Tax Policy Spring 3
Course Description

This course examines the legal, economic, and political considerations relevant to the formulation and implementation of federal tax policy. The specific issues will vary, but, in general, will deal with some or all of the following issues: the concept of income and the tax base; defining efficiency and equity; ability to pay and progressivity; the tax expenditure concept; consumption taxation; the double taxation of corporate income; the estate tax; and current tax policy legislative initiatives.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7781 Legal Scholarship Workshop:Regulation and Business Fall/Spring 1
Course Description

This workshop will feature presentations by five or six invited legal scholars of their works-in-progress concerning law, business, and the regulation of economic activity, broadly construed. Students will meet with one or more BC faculty conveners the week before each presentation to discuss the paper. (The faculty conveners are: Renee Jones, Patricia McCoy, Diane Ring, Shu-Yi Oei, and Natalya Shnitser.) Students will prepare one-page response papers for each work-in-progress presented. Response papers will be shared with the authors. This workshop is designed for students who are interested in publishing during law school and in legal scholarship more generally. It is also well suited for students with an interest in economic regulation, business, and corporate governance. 1 credit, pass/fail.


Instructor(s): Renee Jones, Patricia McCoy, Diane Ring, Shu-Yi Oei and Natalya Shnitser

Prerequisites: None

Cross listed with:

Comments:

LAWS 7783 Trial Practice Fall/Spring 2
Course Description

There are several sections of trial practice, which are taught by adjunct faculty who are judges or practitioners. Each instructor selects his/her own readings and exercises, but the coverage of the sections is quite similar. All require students to prepare and to perform aspects of jury trial -- opening and closing arguments, and direct and cross-examination. The course is designed to develop practical skills and to build an appreciation for the relationship between substantive law and strategy and tactics in litigation. This section includes both civil and criminal trial exercises. Students also participate in a mock trial held in a real courtroom. All sections focus on trial advocacy; some also consider some pre-trial skills, such as discovery depositions. All sections have limited enrollments. Evidence is a prerequisite.


Instructor(s): Hon. Christine McEvoy, Hon. Paul Chernoff, Kevin Curtin and Hon. Christopher J. Muse

Prerequisites: Completion or current enrollment in Evidence.

Cross listed with:

Comments:

LAWS 7785 International Law Fall 3
Course Description

This course is designed to familiarize students with the operation and institutional structure of the international legal system, the law of nations that govern relations among states. The first portion of the course, consisting of somewhat more than half of the semester, will address the principal attributes of the international legal system, including (1) sources of international law; (2) subjects of international law; (3) jurisdiction of states; (4) international adjudication and dispute settlement; and (5) the law of treaties. The remainder of the course, as time permits, will be devoted to special topics, including such subject matter as the law of the sea; the international law of human rights; the use of force in international law; and diplomatic and consular immunity.


Instructor(s): David Wirth

Prerequisites: None

Cross listed with:

Comments:

LAWS 7787 Legal Interviewing and Counseling Spring 3
Course Description

The special objective is to develop within the student an awareness that mastery of sound interviewing and counseling skills is crucial for the delivery of quality legal services, whether one is engaged in private practice or works for a public agency. Course grade is based on: regular class attendance; active participation in small group exercises; performance of assigned attorney, client or observer roles in simulated interviews and mediation sessions as students working through various problem cases. Students are expected to keep a journal and submit a copy of it at the end of the term when handing in a take-home exercise.


Instructor(s): Tracey West

Prerequisites: None

Cross listed with:

Comments:

LAWS 7788 Family Law Seminar: Hot Topics Fall 1
Course Description

policy analysis and policy recommendations. During the project students will learn a great deal about the treaty framework that governs international investment and will contribute in a meaningful and real way to the ongoing work of UNCTAD.


Instructor(s):

Prerequisites: Open to any third-year law student who has taken a basic family or juvenile law course; or any graduate social work student.

Cross listed with:

Comments:

LAWS 7789 Entertainment Law Fall 3
Course Description

Most entertainment law practitioners agree "Entertainment Law" has no set definition, but includes a hybrid of distinct areas of the law, including but not limited to, copyright, trademark, contracts, wills, estate planning, real estate, bankruptcy and intellectual property. Course focuses on the protection of IP and the contractual relationships between various parties in the Entertainment and Music Industry. A major focus will be analysis of the Copyright Act of 1976, as amended, the Digital Millennium Copyright Act, and the protection of IP and contractual rights in TV, film, music, books, etc. The relationship between the artist and his/her manager, agent, lawyer, and record company will be explored in great detail. Course will cover representation of artists and music labels and the problems they encounter. Students will participate in a group exercise where they negotiate a record deal on behalf of either the artist or the record label, and report back their terms to instructors.


Instructor(s): Christopher Brown

Prerequisites: None

Cross listed with:

Comments:

LAWS 7790 Third World Law Journal Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7791 Food and Drug Law Fall 2
Course Description

The Food and Drug Administration (FDA) regulates 25% of the U.S. economy and exerts decisive authority over the commercial availability of new therapeutic drugs and medical devices by controlling pharmaceutical patents, drug and device manufacturing and clinical research. The Agency plays a leading role in assuring the safety of food grown, imported and distributed in the U.S. and controls food labeling, including use of the terms "organic" and "natural." Through lecture, reading assignments and discussion, this course will provide background on the legislative authority which underlies FDA activities, the processes and procedures by which the Agency carries out its mandate and the public policy debates which deal with the tension between accelerating approval of new treatments for incurable diseases such as AIDS, cancer and Alzheimer's disease and the demand to improve the safety of marketed drugs and foods. Enrollment is limited.


Instructor(s): Allan Green, M.D.

Prerequisites: None

Cross listed with:

Comments:

LAWS 7792 Federal Courts Spring 3
Course Description

This course involves a study of the role of the federal courts in the operation of the federal system. It concerns questions of federalism (the appropriate distribution of power between the Federal government and the states) and questions of separation of powers (the allocation of authority between Congress and the Courts). Therefore to a large extent it is an applied constitutional law course about the structural relationships of government. The teaching method involves discussion of problems and cases with some reading of excerpts from law review articles. The problems are designed to consider how these issues arise in litigation. Two to three short written memos (2 to 5 pages) analyzing the problems will be required. The grade will be based upon the final exam.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7793 Immigration Clinic Fall 5
Course Description

Students represent non-citizens in their applications for legal status, which involves interviewing, evaluating whether the client is eligible for such status, preparing the application, drafting affidavits of the client and supporting witnesses, gathering documents in support of the application, and representing the client at the interview. Students represent non-citizens in removal proceedings before the Immigration Court, which involves arguing bond motions, conducting direct examination of witnesses, raising evidentiary objections, and arguing points of law. Cases include asylum, waivers of deportation, adjustment of status, visas for victims of violent crimes, relief for noncitizen victims of domestic violence, and visas for juveniles who have been abused, abandoned or neglected. Students conduct "Know Your Rights" presentations for communities in the Boston area and for detained noncitizens.


Instructor(s): Mary Holper

Prerequisites: Immigration Law (LL749)

Cross listed with:

Comments:

LAWS 7797 Advanced Legal Research Fall/Spring 3
Course Description

Advanced Legal Research offers an in-depth, hands-on experience with the process of legal research. Students use a wide range of legal materials and devise practical techniques and strategies for using these materials competently and effectively. The goal of the course is to create self-sufficient legal researchers capable of analyzing and resolving legal problems effectively. Emphasis is placed on the types of legal sources and research not covered in the first year of law school (e.g., treatises, forms sources, administrative law, statutory research, legislative histories and legal practice materials). Both print sources and free and fee-based electronic sources are explored and critiqued. The course covers Westlaw, LexisNexis, BloombergLaw and other electronic sources


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7799 Independent Study Fall 1
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 7840 Patent Law Fall/Spring 3
Course Description

This course covers the major doctrines and policies at work in modern patent law. While current law will be taught in detail (both the 1952 Act and the America Invents Act), the course will also focus on enough history and policy so that students are equipped to deal with, and make predictions about, the rapid changes in patent law that we have witnessed recently and that we will continue to see. The course also has a skills component. Students will learn to review prior art, analyze the validity and novelty of particular patents in the form of claim construction charts, and make oral arguments for summary judgment on issues of validity, novelty, and claim construction in front of patent practitioners in the field.


Instructor(s): David Olson

Prerequisites: None

Cross listed with:

Comments:

LAWS 7860 How Constitutions Change Fall 3
Course Description

Constitutions change in ways both seen and unseen. They change when political actors trigger the process of constitutional amendment in order to alter the constitutional text.They change when the Supreme Court interprets a constitutional provision in a way that departs from the prevailing understanding.They change also when the people topple the regime and adopt a new constitution. This advanced course in constitutional law will study the many forms of constitutional change—amendment, revision,interpretation, evolution and revolution—from comparative, doctrinal,historical and theoretical perspectives. There will be a mix of lecture and discussion, with the objective of fostering a stimulating, challenging, and mutually-supportive setting for a productive,provocative and respectful exchange of ideas. The final examination will be essay-based.


Instructor(s): Albert

Prerequisites: None

Cross listed with:

Comments:

LAWS 8000 Ninth Circuit Appellate Project Fall/Spring 4
Course Description

The Ninth Circuit Court of Appeals permits supervised law students to brief and argue immigration cases brought by indigent clients who would otherwise be without counsel. The Court screens pro se cases and selects those that present important issues that deserve further development by counsel. Past cases have included asylum, withholding, and CAT claims, immigration consequences of criminal convictions, and presented issues of first impression. The Court schedules the opening brief to be filed in September, the reply brief in December, and schedules oral argument before a panel of sitting judges in March of the same academic year. Students will travel to the scheduled court hearing to present oral argument. The Court then issues its decision based on the merits of the individual cases


Instructor(s): Kari Hong

Prerequisites: None

Cross listed with:

Comments:

LAWS 8025 Civil Procedure in Action Spring 3
Course Description


Instructor(s): Debra Squires-Lee and Sarah Herlihy

Prerequisites: None

Cross listed with:

Comments: 1L experiential learning elective course.

LAWS 8035 Leadership, Communication and Social Justice for the Public Interest Practitioner Spring 3
Course Description

This interdisciplinary course develops public interest practitioners who have an understanding of the dynamics of leadership and change and the ways in which lawyers and other professionals work with and in groups and systems to pursue social justice. Drawing from critical communication theory, law and social justice literature, and group relations training for leadership, students study their own leadership and group dynamics as a way to learn about the larger dynamics that exist in more complex systems in the world. Students form and work in teams, and teamwork and course work culminates in a change project. The course is open to students in the Law School, the Graduate School of Social Work and qualified juniors and seniors in the Communication Department. Note: Additional all-day class sessions will be scheduled on two Saturdays (February 4 and April 8 or 22).


Instructor(s): Evangeline Sarda and Marcus Breen

Prerequisites: None

Cross listed with:

Comments: Satisfies Perspectives on Justice and the Law Requirement Satisfies 3 credits of the Experiential Course Requirement

LAWS 8045 Immigration Practice Spring 3
Course Description

Immigration Practice focuses on the practice of immigration law and in particular the intersection of criminal and immigration law. Students will advocate for hypothetical clients whose cases deal with cutting-edge issues of bond, the intersection of immigration law and crimes, and discretion. In-class hearings include client interview, client counseling, a bond hearing, and a portion of a removal defense case.


Instructor(s): Jennifer Klein

Prerequisites: None

Cross listed with:

Comments:

LAWS 8055 Introduction to Practice in the Criminal Justice System Spring 3
Course Description

In this class, students will engage in various aspects of a simulated criminal trial, which will give students the opportunity to develop some of the lawyering skills inherent in criminal practice, including how to interview clients, argue motions, engage in plea negotiations, break down a statute, fact investigation, & plan for a trial. Students will also be confronted with the important ethical issues that face counsel in criminal cases. The course will begin with an overview of the Criminal Justice System, including perspectives from various system mechanisms - police, court system, prisons, defense attorneys & prosecutors. As this is an introductory course, it is necessary to introduce a variety of law school courses including professional responsibility, criminal law & criminal procedure. The goal is to have students become familiar with the criminal justice system, gain experience through simulations & think critically while performing tasks within the practice of criminal law.


Instructor(s): Robert Bloom and Stuart Hurowitz

Prerequisites: None

Cross listed with:

Comments:

LAWS 8075 Mobile App Development: Legal Contributions Spring 3
Course Description

The focus of this experiential course is on the role the attorney can play in the development and launch of mobile applications, including key skills needed for communications with executives and various stakeholders. Legal issues and strategies to be covered include: obtaining necessary third-party licenses and considering “work around” options when such licenses are not available or are cost-prohibitive, compliance with applicable laws and regulations, deal structure and key terms for contracting with outside developers, and intellectual property protection strategies – offense/enforcement and defense/clearance.


Instructor(s): Sayoko Blodgett-Ford

Prerequisites: None

Cross listed with:

Comments:

LAWS 8116 Bankruptcy Law Research Spring 2
Course Description

Students are introduced to research methods and resources for tracking bankruptcy filings, locating court opinions, and utilizing practice materials. Course covers statutory research in bankruptcy code, use of treatises, desk books and other research sources. Emphasis is on the technology and tools used in current bankruptcy practice, e.g. electronic case filing (ECF/ECM), docket searching and specialized bankruptcy practice software. Course grade is based on several written assignments


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8118 Environmental Legal Research Fall 2
Course Description

This course is designed as an in-depth look at the legal resources and research techniques used in the practice of environmental law. Strong emphasis on administrative law and the rulemaking process, legislative history, and government documents. Course will also review basic case law and statutory research. Students are exposed to strategies for using these materials competently, effectively, and economically in the research process to enable them to develop research skills necessary to be a successful environmental lawyer. Ungraded exercises allow students to track their progress in learning the materials. Class is completed in the first two-thirds of the semester so that students are able to apply knowledge gained in this class to more easily and effectively research papers for other classes and to journal work.


Instructor(s): Joan Shear

Prerequisites: None

Cross listed with:

Comments:

LAWS 8120 Insurance Law Research Fall/Spring 2
Course Description

This course is designed as an in-depth look at legal research techniques and resources used by lawyers in the insurance field and civil litigation attorneys. Course will cover sources of insurance law and insurance obligations, including contracts, common law doctrines, statutes and regulations. Course will also cover secondary sources, research tools and organizations for both insurance specialists and trial attorneys. Both print and electronic sources will be explored and utilized.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8125 Research for Criminal Law Practice Spring 2
Course Description

This course is designed to provide an in-depth examination of legal research materials and techniques useful for students who are interested in becoming prosecutors or criminal defense attorneys. Course will cover basic primary sources of criminal law such as the U.S. Constitution and state constitutions, as well as federal and state statutes, cases, and administrative law. Course will cover important secondary sources in the criminal law field; legislative history research skills; how to find and use jury instructions, sentencing guidelines, dockets, and practice materials such as formbooks. Students will also learn how to find and work with criminal court rules. Both print and electronic sources are explored and critiqued. The course covers Westlaw, LexisNexis, Bloomberg Law and other electronic sources.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8127 Intellectual Property Research Spring 2
Course Description

This course is designed as an in-depth look at the legal resources and research techniques used in the practice of intellectual property law. Course will cover basic legal research techniques involving the U.S. Constitution, statutes, cases, and regulations and how they relate to IP practice. IP specific research tools and techniques involved in patent and trademark practices will also be included. Students are exposed to practical techniques and strategies for using these materials competently, effectively, and economically in the research process to enable them to develop research skills necessary to be a successful lawyer in an IP practice. Grade will be based on class participation, effort on ungraded research exercises and performance on graded research exercises.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8128 Tax Law Research Fall 2
Course Description

Students will master research sources and methods in the area of federal tax, including federal statutory and legislative history research, regulatory process and regulatory publications. Students will master techniques of state-level tax research, including state statutory and regulatory resources. Students will be introduced to international and foreign law tax research sources. Emphasis is placed on the technology and tools used by practitioners, including BloombergLaw, CCH Intelliconnect, IBFD, RIA Checkpoint, BNA Tax Portfolios, LexisNexis, Tax Analysts and Westlaw. Students will receive instructor feedback on short ungraded assignments.


Instructor(s): MaryAnn Neary

Prerequisites: None

Cross listed with:

Comments:

LAWS 8130 Advanced Legal Research Fall/Spring 3
Course Description

Advanced Legal Research offers an in-depth, hands-on experience with the process of legal research. Students use a wide range of legal materials and devise practical techniques and strategies for using these materials competently and effectively. The goal of the course is to create self-sufficient legal researchers capable of analyzing and resolving legal problems effectively. Emphasis is placed on the types of legal sources and research not covered in the first year of law school (e.g., treatises, forms sources, administrative law, statutory research, legislative histories and legal practice materials). Both print sources and free and fee-based electronic sources are explored and critiqued. The course covers Westlaw, LexisNexis, BloombergLaw and other electronic sources


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8140 Introduction to Civil Litigation Practice Spring 3
Course Description

This course provides an introduction to civil litigation practice, with emphasis on the word “practice”. The 1Ls enrolled will bring a basic knowledge of Civil Procedure, plus lifetime perceptions of how civil litigation is conducted, & a personal sense of morals & ethics. The course will provide an understanding of skills involved in litigating a civil case through the stages preceding trial, with an emphasis on the interrelationship of those skills with the litigator’s professional responsibilities to clients, colleagues, opponents, judges & others. In addition to discussions & guest presentations by experienced litigators, students will perform litigation skills -- client interviews, negotiations, depositions & courtroom advocacy -- based on a hypothetical factual scenario. The combination of teaching techniques will provide insight into the real world of civil litigation while fostering skills that are important for all practitioners to master, whatever field they choose to enter.


Instructor(s): Brandon White

Prerequisites: None

Cross listed with:

Comments:

LAWS 8236 Representing Inmates at Prison Hearings Seminar Fall 1
Course Description

Seminar that accompanies LAWS823901 Representing Inmates at Prison Disciplinary Hearings.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8250 Administrative Law Externship Seminar Fall 1
Course Description

For students who are enrolled in a law practice externship in the administrative law area, this is the co-requisite seminar.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8252 Business Immigration Law Externship Seminar Spring 1
Course Description

This one credit seminar is required of students who are enrolled in an externship in the Business Immigration Law field.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8254 Corporate Counsel Externship Seminar Fall 1
Course Description

The Corporate Counsel Externship Program is a tethered externship. Students with participating placements will be automatically enrolled in Prof. Brian Quinn’s Corporations class, as well as the Corporate Counsel Externship Seminar. Students enrolled in this program will have the benefit of a doctrinal course focused on corporate law issues, a dedicated faculty member and cohort of fellow students participating in similar placements, and the opportunity to bridge theory with practice. The 1 credit Seminar meets once every other week and is intended to provide students with an opportunity to reflect on their experiences working in the setting of a corporate counsel’s office.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8263 BC Innocence Clinic Spring/Fall 6
Course Description

Students in BC Innocence clinic work with faculty supervision on post-conviction screening and/or litigation of cases of prisoners who assert their innocence. Case screening involves review of trial transcripts, pre-trial discovery, appellate and post-conviction briefs, and judicial opinions, as well as factual and forensic research, to determine whether scientific testing or other investigative leads could establish a strong likelihood that the prisoner is factually innocent. Students produce a memorandum analyzing the case and making a recommendation as to whether post-conviction litigation should be pursued. Students engaged in litigation research and draft motions for various types of post-conviction relief with supporting memoranda and affidavits. Class component is devoted to case-rounds and development of legal, professional, and ethical skills in the context of post-conviction innocence work. Students spend 10-12 hrs/week outside of class time on casework.


Instructor(s): Charlotte Whitmore

Prerequisites: Criminal Procedure and Evidence recommended.

Cross listed with:

Comments:

LAWS 8267 Community Enterprise Clinic Fall/Spring 4
Course Description

This course introduces students to transactional legal work on behalf of low- and moderate-income entrepreneurs, small businesses, nonprofit organizations, and first-time home buyers. The fieldwork is based at the Law School’s Legal Assistance Bureau located in the new Center for Experiential Learning on campus. Students will perform all of the legal work and interact with the clients. Students will be assigned to work with entrepreneurs with business-related legal needs; with emerging, community-based small businesses facing corporate, employment or similar legal issues; with nonprofit organizations or groups seeking assistance to establish a tax-exempt organization; and first-time home buyers. For fieldwork purposes students will be assigned seven or ten office hours per week at the clinic, depending on the number of credits chosen by the student. A weekly seminar will address substantive law, ethical issues, and legal skills. The fieldwork is complemented by a weekly seminar.


Instructor(s): Paul Tremblay

Prerequisites: LAWS7750 - Corporations

Cross listed with:

Comments:

LAWS 8268 Community Enterprise Clinic Class Fall/Spring 2
Course Description

A weekly seminar will address substantive law, ethical issues, and legal skills.


Instructor(s): Paul Tremblay

Prerequisites: LAWS7750 (Corporations)

Cross listed with:

Comments: Clinical Education

LAWS 8270 Judge and Community Courts Fall 2
Course Description

Students are expected to observe and assist their judges eight hours/week (one full day or two mornings) for which they receive two externship (pass-fail) credits.


Instructor(s): The Hon. John C. Cratsley

Prerequisites: None

Cross listed with:

Comments: Clinical Education

LAWS 8271 Judge and Community Court Seminar Fall 2
Course Description

This seminar examines through participant observation the functioning of the judicial process in our first-level or community courts. Students undertake this study of judicial performance through clerkship-like fieldwork placements with judges of the Boston Municipal, District, Juvenile, Housing and Land Courts. Students are available to assist their judges with legal research and writing. Students are expected to observe and assist their judges eight hours/week (one full day or two mornings) for which they receive two clinical (pass-fail) credits. The weekly classroom sessions cover the full range of issues which trial judges encounter on a daily basis, including judicial ethics, sentencing policy, ADR, jury management and treatment courts. A twenty page paper describing some aspect of the judiciary's work in these courts is required and serves as the basis for the two graded credits.


Instructor(s): John Cratsley

Prerequisites: None

Cross listed with:

Comments:

LAWS 8273 Advanced Innocence Clinic Spring/Fall 4
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8302 BC Defender Program Seminar Spring/Fall 2
Course Description

The weekly defense class involves readings, discussions, role-plays, case rounds, mock trials and hearings, and reflections on the students’ experiences, their clients and cases, professional ethics, the role of the public defender, and other issues relating to the criminal justice system.


Instructor(s): Lisa A. Grant and Professors Frank Herrmann, S.J.

Prerequisites: Evidence or Trial Practice, Criminal Procedure

Cross listed with:

Comments:

LAWS 8303 BC Defender Program Clinic Spring/Fall 4
Course Description

The BC Defender program is a full-year criminal defense clinic and a weekly seminar class. Practicing under faculty supervision pursuant to SJC Rule 3:03, BC Defenders represent clients charged with crimes and probation violations in the Boston Municipal Court (Dorchester Division). In the course of representing their clients, students broaden their own life experiences and develop professional skills, including interviewing, counseling, investigation, legal research and writing, collaborating, negotiating, oral advocacy, case organization and management, and trial skills.


Instructor(s): Frank Herrmann, S.J. and Lisa Grant

Prerequisites: Prerequisites or co-requisites: Criminal Procedure and Evidence or Trial Practice

Cross listed with:

Comments:

LAWS 8304 BC Defender Program Clinic Spring/Fall 4
Course Description

The BC Defender program is a full-year criminal defense clinic and a weekly seminar class. Practicing under faculty supervision pursuant to SJC Rule 3:03, BC Defenders represent clients charged with crimes and probation violations in the Boston Municipal Court (Dorchester Division). In the course of representing their clients, students broaden their own life experiences and develop professional skills, including interviewing, counseling, investigation, legal research and writing, collaborating, negotiating, oral advocacy, case organization and management, and trial skills.


Instructor(s): Frank Herrmann, S.J.

Prerequisites: Prerequisites or co-requisites: Criminal Procedure and Evidence or Trial Practice

Cross listed with:

Comments:

LAWS 8305 BC Defender Program Seminar Spring/Fall 2
Course Description

The weekly defense class involves readings, discussions, role-plays, case rounds, mock trials and hearings, and reflections on the students’ experiences, their clients and cases, professional ethics, the role of the public defender, and other issues relating to the criminal justice system.


Instructor(s): Professors Frank Herrmann, S.J.

Prerequisites: Evidence or Trial Practice, Criminal Procedure

Cross listed with:

Comments:

LAWS 8306 BC Law Prosecution Clinic Fall 4
Course Description

The Prosecution Program is a one-semester course offered only in the fall. Students enrolled in this clinic work within a local District Attorney's Office 2-3 days each week, handling a variety of misdemeanor and minor felony charges from arraignment to bench trial. Students are responsible for their own cases in court and meet weekly with a faculty supervisor for case preparation and supervision. Students' court experiences provide the basis for a close and critical examination of their role and their impact on the criminal justice system.


Instructor(s): Evangeline Sarda

Prerequisites: None

Cross listed with:

Comments:

LAWS 8307 BC Law Prosecution Seminar Fall 2
Course Description

This weekly seminar focuses on the development of lawyering skills, the formation of professional identity, and the study of the prosecution function.


Instructor(s): Evangeline Sarda

Prerequisites: Strongly recommended: Evidence, Criminal Procedure, Trial Practice

Cross listed with:

Comments:

LAWS 8313 Immigration Law Clinic Fall 6
Course Description

Students in the Immigration Clinic represent noncitizens in removal proceedings before the Immigration Court, which involves arguing bond motions for detained clients, conducting examination of witnesses, raising evidentiary objections and arguing points of law. Students represent noncitizens in applications for legal status before the U.S. Citizenship and Immigration Services (CIS) office. Cases vary, but may include asylum and relief based on fear of persecution in the country of removal, waivers of deportation for long-term residents of the U.S., adjustment of status for noncitizens with U.S. citizen or permanent resident family members, visas for victims of violent crimes who have assisted in the prosecution of such crime, relief for noncitizen victims of domestic violence and visas for juveniles who have been abused, abandoned or neglected. Students conduct "Know Your Rights" presentations for noncitizens who are detained by the Immigration and Customs Enforcement (ICE).


Instructor(s):

Prerequisites: LAWS7749 - Immigration Law

Cross listed with:

Comments:

LAWS 8316 Advanced Immigration Clinic Spring/Fall 6
Course Description

A continuation of LAWS8313, Immigration Clinic.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8326 Criminal Defense Externship Seminar Spring 2
Course Description

Accompanies Crim. Def. Externship. This course provides students interested in exploring a career in criminal defense the opportunity to spend 16-24 hrs/week working directly with criminal defense lawyers & to discuss cutting-edge issues in criminal law, criminal defense practice, & their externship experiences in a weekly seminar. Externship placements will include the Federal Public Defender's Office, CPCS-Superior Court, & several small Boston criminal defense firms. The seminar will cover the key stages of defending a criminal case from pre-charge representation through pretrial motions, trial, and post-conviction proceedings, as well as the attorney-client relationship, ethical issues in criminal defense, collateral consequences for felons, sex offenders, & non-citizens, & the impact of race and economic status on the criminal justice system. Students will submit a weekly journal entry during their 12-week externship & make a 10-minute oral presentation at the end of the semester.


Instructor(s): James Sultan

Prerequisites: None

Cross listed with:

Comments:

LAWS 8327 Criminal Defense Externship Spring/Fall 4
Course Description

This externship provides students interested in exploring a career in criminal defense the opportunity to spend 16 hrs./week working directly with criminal defense lawyers. Externship placements will likely include the Federal Public Defender's Office, CPCS-Superior Court, and several top-ranked Boston criminal defense firms. Students enrolled in the externship will also take the concurrent Criminal Defense Externship seminar.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8329 Juvenile Rights Advocacy Project Clinic Fall/Spring 5
Course Description

Students will represent, as Attorney or Guardian-ad-Litem, youth involved in the justice system on legal issues related to dependency, status offense, delinquency, or special education cases. There is an emphasis on education law in JRAP cases. JRAP In-House students will be exposed to some of the following: special education advocacy (team meetings, hearings, appeals), school disciplinary proceedings, administrative advocacy with the state Departments of Youth Services (DYS) and Children and Families (DCF), and Juvenile Court advocacy. Cases are primarily in Middlesex County.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8412 Intellectual Property Survey Externship Seminar Spring 1
Course Description

The IP Survey Externship Seminar is offered as a compliment to the IP Survey course for students who have secured IP law externship placements. This course is part of the Tethered Externship Program. Students enrolling in the IP Survey Externship Seminar must also be enrolled in IP Survey (or have taken IP Survey previously). The class meets every other week throughout the semester. It is a one credit class. Students will be required to complete assigned reading, write a bi-weekly journal, and participate in class discussions.


Instructor(s): David Olson

Prerequisites: None

Cross listed with:

Comments:

LAWS 8425 Semester in Practice Fall/Spring 10
Course Description

The Semester in Practice (SiP) is an externship available to students in the upper level. Students work in legal externships in placements approved and monitored by the law school. These may take place in (but are not limited to) federal, state or local agencies, not-for profit organizations or non-governmental organizations. Students also meet in a weekly accompanying seminar. Credits for the placement is determined by the number of hours worked.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8426 Mediation Fall/Spring 3
Course Description

An introduction to the theory and practice of mediation necessary to understand the mediation process from the perspective of a mediator or as an advocate representing clients in the mediation process. Mediation is an assisted negotiation with the mediator acting as a third party neutral facilitator. Beginning with a review/overview of interest based negotiation, mediation theory, and the role of mediation in the legal system, then course progresses to include a skills training component of simulate cases with students participating as mediators and parties. The mediation process is examined and various skills and techniques of the mediator are taught. Understanding ethical practice and legislating related to mediation is an integral part of the course.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8427 Semester in Practice Seminar Fall/Spring 3
Course Description

The SiP Seminar brings together extern students for a weekly discussion of common practice issues and seminar discussions of current issues in the the practice of law, such as changes in the US legal profession, the adversary system, and unmet legal needs. The goal of the seminar is to develop better understanding of the forces that shape a lawyer's professional identity and to learn to become a reflective legal practitioner. This course enables students to bridge the gap between law school and practice. Students keep a daily journal and share their entries weekly with the instructor. Students are required to write a substantial 20-25 page paper on a topic approved by the professor in lieu of an exam. Enrollment by lottery.


Instructor(s): West, Anzalone and McMorrow

Prerequisites: None

Cross listed with:

Comments:

LAWS 8428 Semester in Practice D.C. Seminar Fall/Spring 3
Course Description

This required seminar is a corequisite for students participating in the Semester in Practice: DC externship program.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8429 Semester in Practice D.C. Seminar Fall/Spring 3
Course Description

This required seminar is a corequisite for students participating in the Semester in Practice: DC externship program.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8449 London Semester in Practice Spring 10
Course Description

TBD.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8450 London Semester in Practice Seminar Spring 3
Course Description

tbd


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8452 Adv Evidence:Trial Objections Spring 3
Course Description

The goal of this course is for students to understand how the rules of evidence operate in practice by providing them with the experience of trying to admit or to keep out evidence in a mock trial setting. This is done through a problem approach with particular attention paid to laying the foundation for admission of evidence during examination of witnesses. Topics include exceptions to the hearsay rules (admitting business records, prior recollections, etc.); laying foundation for the admissibility of expert and lay opinion; impeaching witnesses through character evidence and prior inconsistent statements; authenticating physical exhibits; and using chalks, demonstrative aids and diagrams. Students will perform weekly in-class simulations .


Instructor(s):

Prerequisites: LAWS9996 (Evidence)

Cross listed with:

Comments:

LAWS 8471 Appellate Advocacy Spring 3
Course Description

This course will offer hands-on experience and explore in depth the craft of appellate advocacy. Topics include: the rules and mechanics of the appellate process; formulation of strategies on appeal, use of the appellate record, brief writing; and oral argument. One of the class sessions will be held at the Adams Courthouse, where the students will attend an oral argument and then meet for a post-argument discussion. Students apply what they have learned to the drafting of an appellate brief based on an actual court record. The brief is written in stages and followed by one-on-one critiques. Students also present an oral argument which will be critiqued and may be videotaped. Students will be graded on the basis of their brief, oral argument and class participation.


Instructor(s): Rosemary Daly

Prerequisites: None

Cross listed with:

Comments:

LAWS 8472 Advocacy Competitions Fall/Spring 3
Course Description

This is the companion class to the national moot court teams. Enrollment and attendance in this class is mandatory for all members of a national team. The goal of the class is to help prepare students for not only for their individual competitions but also for litigation practice. The class is divided into three parts: overview of the moot court experience, appellate written advocacy and oral advocacy. The class will meet formally during the Fall semester until Oct 15. The class will reconvene in the first half of the Spring with their team coaches for oral advocacy/moot sessions until the competitions are complete. Students should expect an "incomplete" grade until they have completed their moot court experience (February/March).


Instructor(s): Rosemary Daly

Prerequisites: None

Cross listed with:

Comments:

LAWS 8500 Appellate Advocacy Spring 3
Course Description

This course will offer hands-on experience and explore in depth the craft of appellate advocacy. Topics include: the rules and mechanics of the appellate process; formulation of strategies on appeal, use of the appellate record, brief writing; and oral argument. One of the class sessions will be held at the Adams Courthouse, where the students will attend an oral argument and then meet for a post-argument discussion. Students apply what they have learned to the drafting of an appellate brief based on an actual court record. The brief is written in stages and followed by one-on-one critiques. Students also present an oral argument which will be critiqued and may be videotaped. Students will be graded on the basis of their brief, oral argument and class participation.


Instructor(s): Rosemary Daly

Prerequisites: None

Cross listed with:

Comments:

LAWS 8502 Mercy & Justice Spring 3
Course Description

This course explores the meaning of mercy, particularly in its relationship to justice. It examines four major topics: (1) mercy in its relationship to retributive justice, focusing on mercy or clemency in the case of criminal sentencing, as well as broader questions of retribution for wrongdoing, such as whether there can or should be criteria for the exercise of mercy, whether mercy can be exercised unjustly, and the relationship of forgiveness to mercy; (2) mercy in its relationship to distributive justice, focusing on the corporal works of mercy and issues such as the relationship of justice and private charity; (3) mercy in its relationship to social justice, or the social face of mercy; and (4) divine justice and mercy, focusing on the way theologians have attempted to reconcile God’s mercy and God’s justice. Readings for the course will be interdisciplinary, including philosophical, theological, and legal materials.


Schedule: Periodically

Instructor(s): Cathleen Kaveny

Prerequisites: Ph.D. students; MA students by instructor's permission.

Cross listed with: THEO8502

Comments:

LAWS 8550 Trial Practice Fall/Spring 2
Course Description

There are several sections of trial practice, which are taught by adjunct faculty who are judges or practitioners. Each instructor selects his/her own readings and exercises, but the coverage of the sections is quite similar. All require students to prepare and to perform aspects of jury trial -- opening and closing arguments, and direct and cross-examination. The course is designed to develop practical skills and to build an appreciation for the relationship between substantive law and strategy and tactics in litigation. This section includes both civil and criminal trial exercises. Students also participate in a mock trial held in a real courtroom. All sections focus on trial advocacy; some also consider some pre-trial skills, such as discovery depositions. All sections have limited enrollments. Evidence is a prerequisite.


Instructor(s): Hon. Christine McEvoy, Hon. Christopher J. Muse, Hon. Paul Chernoff and Kevin Curtin

Prerequisites: Completion or current enrollment in Evidence.

Cross listed with:

Comments:

LAWS 8620 Advising the Entrepreneur Fall 3
Course Description

An introduction to the complex challenge of advising entrepreneurs who are planning or developing a new business. It has two principal components. First, law students attend classes at the law school devoted to the development of legal knowledge and counseling skills related to the advising of new businesses. Second, law students meet with entrepreneurs and business owners, typically, actual clients of the course instructors who become clients of the Law School’s Community Enterprise Clinic for purposes of the class, to develop a plan of legal assistance focused on the legal aspects of the client’s emerging business. This advising will take place under the supervision of the course's faculty. Each law student will meet and counsel one or two clients, participate in class discussion of the issues raised by these meetings, complete a drafting exercise, and write a final memorandum concerning the legal issues raised for each client.


Instructor(s): Lawrence Gennari and Jeremy Marr

Prerequisites: Corporations, Intellectual Property course (IP Survey, copyright, trademark, or patent). Permission of the instructor is also possible, depending on background.

Cross listed with:

Comments:

LAWS 8701 Administrative Practice Spring 3
Course Description

This course focuses upon the skills needed to practice law in front of administrative agencies. Much of law school focuses upon statutory interpretation and courtroom practice. But state and federal agencies make far more rules each year than legislatures, and adjudicate far more cases than the judiciary. Agencies develop much of the law that governs our daily life, including many high-profile issues such as immigration, financial reform, and environmental protection. In this course, you will learn about agency rulemaking and adjudication through simulated proceedings, which will culminate in each student filing comments in a live proceeding before a federal or state agency.


Instructor(s): Daniel Lyons

Prerequisites: None

Cross listed with:

Comments:

LAWS 8765 International Legal Research Fall/Spring 2
Course Description

International Legal Research aims to provide students with in-depth and hands-on experience with the general process and sources of international and foreign legal research. Students will learn to use a variety of specialized legal research tools, both online and in print, to locate and evaluate the major sources of public international law, i.e., treaties, customary international law, and general principles of law. Decisions of international courts and tribunals, and official documents of international organizations (United Nations, European Union, WTO, etc.) will also be examined. The course will also cover special topics in international law, e.g., private international law, international human rights, international trade law and commercial arbitration. Grades will be based on 3 take-home assignments. Recommended for students interested in international legal practice, members of the Jessup Moot Court team, and the staff of the BC ICLR.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8804 Leadership and Social Justice Seminar Spring 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with: SCWK7734

Comments:

LAWS 8805 Sexuality & The Law Fall 2
Course Description

This course focuses on the constitutional and practical aspects of the law of sexuality. It addresses the origins of the right to privacy and traces the development of related principles through modern cases. In addition to the right to privacy, the course will address due process, equal protection, separation of powers, and related constitutional principles in the context of cases involving issues of sexuality and sexual orientation. The course will cover cases involving bodily integrity, same-sex intimacy, gay marriage and family, employment issues, and LGBT identity. Where possible, primary materials such as pleadings and briefs will be used, and practical litigation strategy will be discussed.


Instructor(s):

Prerequisites: Constitutional Law

Cross listed with:

Comments:

LAWS 8808 Government Contracts Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8810 Advanced Corporate Law: The Family Business Spring 3
Course Description

The majority of American business is conducted, not through the publicly held corporation which is a major topic for most law school corporations courses, but by companies owned and managed by "mom and pop" or their children or grandchildren. They raise special questions as to the approach of corporate and other business entity law and the intersection with principles of family law. This course looks at some business law problems with special depth in that context. It pays special attention to the business lawyer who represents such an entity: his or her special ethical and practical concerns.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8811 European Legal Integration:History and Theory Spring 2
Course Description

European integration after the Second World War is one of the most original and important political experiments in the modern world. This course invites students to explore the history and theory of that process, especially its legal dimensions. The course is not a doctrinal introduction to EU law. Rather, it is an opportunity to study the making of a united Europe through a close reading of the legal, political and economic debates as the process of integration passed through its various stages. Such a study is essential for understanding Europe's current situation and the future of the European Union


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8812 Administrative Law Lab Spring 1
Course Description

This course is a companion course to Administrative Law, designed to give students more hands-on exposure to the nuts and bolts of administrative law practice. Topics will include researching agency regulations, drafting a motion to intervene, finding a rulemaking notice and records, drafting a petition for review, and seeking guidance from a federal agency. Students will be required to select a proposed regulation of their choice and prepare and file comments with the agency regarding their proposed regulations, in an effort to engage and shape ongoing agency policy.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8813 Corporations Lab Fall 1
Course Description

This course must be taken in conjunction with Corporations (Quinn). The Corporations Lab Option is intended to provide students with a real-world corporate law experience. The Lab is organized around a central activity: the incorporation and organization of a Massachusetts corporation. Students in the Lab will undertake all the steps required to incorporate and then organize a Massachusetts corporation. In addition to making the required filings with the Secretary of State of the Commonwealth of Massachusetts, students will also create a "board book" that will include all the relevant corporate documentation related to the new corporation. Students will also organize and run a shareholder meeting before the end of the semester. At this meeting, shareholders will vote to approve a dissolution of the corporation. Students will then make the required filing with the Commonwealth.


Instructor(s): Brian Quinn

Prerequisites: None

Cross listed with:

Comments:

LAWS 8822 Seminar on Law and Justice Spring 3
Course Description

This seminar will deal with fundamental issues associated with law and justice in a global context. We will be concerned with new developments in the field of human rights, the constitutionalization of international law, and the developing discourse on the nature of democracy as it is adapted and adapts to ever new contexts. The course will be taught as a seminar, which means students will be able to contribute to the overall content of the course.


Schedule: Periodically

Instructor(s): David M. Rasmussen

Prerequisites: None

Cross listed with: PHIL8826

Comments:

LAWS 8823 Life Cycle of a Chapter 11 Restructuring Case Spring 3
Course Description

Chapter 11 cases require lawyers for troubled companies and related parties ( creditors, employees, vendors, customers, shareholders and others) to evaluate alternative strategies to maximize value and to minimize losses ( or to push those losses onto others). In this inter-active course, we'll use an actual case ( in which the professor represented the debtor) to allow students to set and critique strategy; write recommendations to the Board and motion papers from opposing sides; argue positions; negotiate a chapter 11 plan outcome; and try to reconcile some of the competing legal and social implications of corporate restructuring (for example, should poorly managed companies be left to fail? What if that means the loss of the best employer in a small town? Should 'vulture funds' be allowed to take advantage of distressed situations?).


Instructor(s):

Prerequisites: Business Bankruptcy

Cross listed with:

Comments:

LAWS 8825 Seminar on Law and Justice Spring 3
Course Description

Is it possible to interpret the global political order from a democratic point of view? This seminar will examine that question from two complimentary perspectives. First, we will consider the emerging domain of the political, contrasting realist (Schmitt) and liberal (Rawls) points of view. Second, we will consider the relatively new area of the constitutionalization of international law, which takes up the old problem of mixed constituent power and applies it to the international scene. This reconstruction of the idea of divided sovereignty (Habermas) has potential for understanding international law beyond the nation state from a democratic point of view.


Instructor(s): David Rasmussen

Prerequisites: None

Cross listed with:

Comments:

LAWS 8830 Supreme Court Experience Spring 2
Course Description

In this seminar, students will study in depth a number of the important cases of the current Supreme Court Term. All students will be responsible for reading the pertinent briefs and relevant background materials. Each student will also be required to perform a moot argument on at least one case, and class time will be dedicated to these moot arguments as well as to free form discussions. Finally, each student will be required to draft an opinion in at least one of the cases discussed.


Instructor(s): H. Kent Greenfield

Prerequisites: Must have successfully completed LAWS2125 and Must have successfully completed LAWS2180

Cross listed with:

Comments:

LAWS 8834 Judicial Process:Appeals Spring 6
Course Description

Judicial Process is a course which allows a student to sit as law clerks two days per week with Massachusetts Superior Court Judges (Trial Court). Students will be assigned to individual judges. It is expected that the student will perform one day doing assignments and the second day observing. There will opportunity to work with more than one judge. Students will therefore have the opportunity to observe and work directly with different judges and thereby learn from different judicial styles and perspectives. There will be a bi-weekly two hour seminar meetings, which will be used to discuss various topics including the following: selection and discipline of judges; role of the jury; and a critique of the adversary system.


Instructor(s): Robert Bloom

Prerequisites: None

Cross listed with:

Comments:

LAWS 8835 Judicial Process Appeals Seminar Fall 3
Course Description

#N/A


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8838 Judicial Process Fall 5
Course Description

Department Permission


Instructor(s): Robert Bloom

Prerequisites: None

Cross listed with:

Comments:

LAWS 8839 Judicial Process Seminar Spring 1
Course Description

Department Permission


Instructor(s): Robert Bloom

Prerequisites: None

Cross listed with:

Comments:

LAWS 8842 First Amendment Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8852 Constitutional Politics Fall 2
Course Description

This is a seminar on the process of constitutional amendment in the United States. We will explore the many ways in which the United States Constitution has changed since its adoption as a result of both formal and informal amendments. We will study Article V of the Constitution, which sets the rules for formally amending the Constitution. We will analyze the role of political actors in changing the text and meaning of the Constitution. Additionally, we will discuss the future of the Constitution, specifically whether and how it should be reformed. This course will be conducted as a seminar discussion. One student will be designated as a "discussion leader" for each seminar meeting and will co-lead that particular seminar meeting with the Professor. Evaluation will be based on a take-home examination.


Instructor(s):

Prerequisites: Constitutional Law I

Cross listed with:

Comments:

LAWS 8856 Attorney General Clinical Program Fall/Spring 3
Course Description

See course description at Attorney General Clinical Program Seminar.


Instructor(s): Thomas Barnico

Prerequisites: None

Cross listed with:

Comments:

LAWS 8858 Attorney General Clinical Program Seminar Fall/Spring 3
Course Description

The AG Clinical Program is a full-year clinical experience in civil litigation in the Massachusetts Office of the Attorney General. Students work directly with assistant attorneys general in the representation of state agencies and officials in state and federal courts. The clinic teaches includes the following types of legal work: (1) the drafting of pleadings, motions, discovery, and other litigation documents; (2) legal research and writing of briefs in the trial and appellate courts; (3) oral argument in the state courts; and (4) other litigation tasks. Students will be assigned to one of two Divisions in the Government Bureau, either the Administrative Law Division or the Trial Division. Students assigned to the Administrative Law Division will work on cases involving administrative and constitutional law, federal courts, and statutory construction. Students assigned to the Trial Division will work on cases involving employment, tort, contracts and eminent domain and land use law.


Instructor(s): James Sweeney and Thomas Barnico

Prerequisites: Must have taken or be enrolled in Evidence or Trial Practice

Cross listed with:

Comments:

LAWS 8864 Comparative Law Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8875 Advanced Criminal Justice Clinic (Defense) Fall 1
Course Description

TBD


Instructor(s):

Prerequisites: LL904 and LL935 Criminal Justice Clinic

Cross listed with:

Comments:

LAWS 8876 Criminal Justice Clinic Class Fall 2
Course Description

The Criminal Justice Clinic class brings together students enrolled in the BC Defender Program and the BC Law Prosecution Program for a weekly class in which they share their insights and experiences, compare professional roles, and examine the functioning of the criminal justice system and measure it against conceptions of fairness and justice. Students and faculty from both programs participate together in skills training simulations, presentations, field trips, and conversations with experienced criminal justice professionals. In addition to readings and other assignments, students write weekly journals reflecting on and integrating their clinical and classroom experiences.


Instructor(s): Evangeline Sarda and Frank Herrmann, S.J.

Prerequisites: Prerequisites or co-requisites: Criminal Procedure and Evidence or Trial Practice

Cross listed with:

Comments:

LAWS 8877 Criminal Justice:Prosecution Program (Clinic) Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: Criminal Justice Clinic (LL935, and LL904)

Cross listed with:

Comments:

LAWS 8887 BC Innocence Project Externship Spring 4
Course Description

BCIP Program Overview: Students enrolled in the BCIP study the problem of wrongful convictions and provide pro bono legal assistance to prisoners who maintain their innocence. Students in the program choose from a menu of supervised experiential educational opportunities (including both an in-house clinic at the Law School and externship placements at the New England Innocence Project and the Committee for Public Counsel Services) and bring those experiences to bear on their studies in the spring semester Wrongful Convictions course taught by Professor Beckman.


Instructor(s): Charlotte Whitmore and Sharon Beckman

Prerequisites: Criminal Procedure and Evidence recommended.

Cross listed with:

Comments:

LAWS 8900 Real Estate Development & Finance Fall 3
Course Description

The course, clinical and practical, explores a lawyer’s role and responsibilities, and the myriad of transactional documents and agreements, in residential and commercial real estate transactions from offers through acquisition and loan closing. The course examines, dissects and teaches how to represent buyers, sellers and lenders during the due diligence, development and permitting, and the financing phases of a real estate transaction. The course teaches practical lawyering skills such as drafting, negotiation and problem solving. A variety of ethical issues are reviewed. Commercial leasing transactions, zoning, environmental and due authorization opinion letters, and zoning and environmental law and considerations in sale, lease and finance transactions are taught. Case studies are presented and negotiation exercises conducted to summarize the areas of real estate law studied and to explain how the legal principles, cases, and issues work in real-life situations.


Instructor(s): Howard Levine

Prerequisites: None

Cross listed with:

Comments:

LAWS 8910 Litigation Skills: Fact Development Fall 2
Course Description

Instruction in the theory and fundamental skills of pre-trial advocacy in civil cases. Subjects to be covered include interviewing, fact investigation and analysis, case valuation/risk analysis, client counseling, pleading, discovery, and motion practice. Professional responsibility issues will be considered throughout the course. Grading is weighted heavily toward class participation. In addition, students must maintain a "case file," consisting of a 1-inch 3 ring binder. This binder will be submitted for grading at the end of the course.


Instructor(s): Michael F. Mahoney

Prerequisites: None

Cross listed with:

Comments:

LAWS 8920 Civil Motions Practice Fall 3
Course Description

Practical training in oral and written advocacy with respect to a wide variety of civil motions, including temporary restraining orders, preliminary injunctions, motions for real estate attachments and other prejudgment security, motions to dismiss, discovery motions, motions for summary judgment, motions in limine, and a wide variety of miscellaneous motions. In addition to arguing several motions, each student will present a written memorandum of law with respect to a motion for summary judgment. Enrollment limited to 20 students.


Instructor(s): Raymond Brassard

Prerequisites: None

Cross listed with:

Comments:

LAWS 8930 Dispute Negotiation Fall/Spring 2
Course Description

This is an experiential course in which students will be active participants, negotiating cases on a weekly basis. The subject matter of the disputes will include: commercial transactions, gender bias issues, criminal plea bargaining, family law matters, personal injury cases, and other disciplines. Students will be introduced to the art of negotiating, reading body language and micro-messages, interviewing clients and reaching common ground with adversaries. The work will be critiqued as actual student negotiating sessions are taking place, all in an effort to familiarize students with various techniques, strategies, tactics, persuasive skills, and effective demeanor involved in successful negotiations. Although there will be some lectures, the emphasis of the course is "learn by doing."


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8940 U.S. and International Antitrust Law Fall 4
Course Description

Antitrust law governs much more than just mergers and acquisitions. Businesses must be aware of antitrust law when contemplating numerous business activities including joint ventures, contracts with suppliers and distributors, how to deal with competitors, what conditions can be attached to the sale or lease of goods and services, and what actions they may take as part of trade organizations. Moreover, in this increasingly global world, lawyers need to know not just the law in the United States, but also approaches to antitrust law in other parts of the world, like the European Union. Accordingly, while the bulk of the course will cover U.S. law, the course will also cover select areas of antitrust law in foreign jurisdictions. No prior understanding of economics or trade regulation is required. Students will be taught the basic economics needed to analyze and practice antitrust law.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 8978 Civil Litigation Clinic Fall/Spring 4
Course Description

This civil clinical course allows students the opportunity to practice law under the close supervision of clinical faculty at the BC Legal Assistance Bureau (LAB). Students are legally certified to advise and represent clients in every aspect of civil litigation. Practice areas are family law, landlord-tenant, and public benefits appeals. Clinical faculty provide thorough feedback about students' work at all stages in order to help them build on their skills and learn from their experiences, including written feedback at both mid-semester and end of term. Seven-credit students are expected to spend an average of 20-25 hours/week on clinic matters; ten-credit students average 30-35 hours/week. Pass/fail and variable credit options can only be exercised at the beginning of the term. Enrollment, by lottery, is limited to 18 students in the Fall, and 12 in the Spring.


Instructor(s): Alan Minuskin, Alexis Anderson and Jane Biondi

Prerequisites: Students must take or have taken Evidence.

Cross listed with:

Comments:

LAWS 8979 Civil Litigation Clinic Class Fall/Spring 2
Course Description

Students enrolled in the Civil Litigation Clinic also participate in a weekly seminar where issues related to students' actual cases are examined. The practical, legal and ethical issues of lawyering are explored in detail through discussion, simulations, and review of video recorded portions of students' meetings with their clients. In addition to class participation, students draft four reaction papers during the term, reflecting on their lawyering, systemic challenges, and social justice issues which they have observed. Students receive the same grade for both their clinic and seminar work. Pass/fail can only be exercised at the beginning of the term. Selection by lottery.


Instructor(s): Alan Minuskin and Alexis Anderson

Prerequisites: Students must take or have taken Evidence.

Cross listed with:

Comments:

LAWS 8990 UNCTAD Treaty Practicum Spring 3
Course Description

This course directly involves students in the work of the UN Committee on Trade and Investment (UNCTAD) on the controversial subject of international investment agreements (IIAs). The UNCTAD IIA Mapping Project sets out to create a comprehensive database of IIAs across more than 150 variations of IIA provisions. The database will help development policy makers understand trends in IIA drafting over time and will contribute to UNCTAD’s ongoing


Instructor(s): Frank Garcia

Prerequisites: None

Cross listed with:

Comments:

LAWS 9735 Faith, Morality&Law Fall 3
Course Description

Looks at the relationship between faith, morality, and law at key points in the Christian tradition and in relationship to contemporary issues. Section One examines the relationship between moral law and Christian life by looking at key passages from the New Testament in their historical context and classic Protestant and Catholic views of the subject. Section Two considers the relationship of law and morality in a pluralistic society. Section Three looks at responsibilities of Christians who find themselves in an unjust legal system. We will consider the possibilities and limits of civil disobedience and the call to martyrdom.


Instructor(s): Cathleen Kaveny

Prerequisites: None

Cross listed with: THEO7735

Comments:

LAWS 9904 Criminal Justice Clinic Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: Students must take or have taken Criminal Procedure, Evidence and Trial Practice.

Cross listed with:

Comments:

LAWS 9906 Securities Law Research Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: Students should have taken Corporations (LL750) or be taking it concurrently.

Cross listed with:

Comments:

LAWS 9909 Civil Discovery Practice Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9910 Media Law Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: Students should have taken Constitutional Law II or a course in First Amendment Law or be taking it concurrently.

Cross listed with:

Comments:

LAWS 9912 Understanding Urban Ecosystems:Environ Law&Policy Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9916 Philosophy of Law: Children and Families Fall 2.0,3
Course Description

What is a child? What is a family? How does the law constitute childhood & the family? How has this constitution evolved? What place are children given in theories of social justice? How do conceptions of personhood see children? How do conceptions of rights conceive of children as subjects? What rights are recognized & denied children when they're not considered full persons? What authority & duties the state, families, schools, & other institutions have vis-a-vis children? What rights do children have vis-a-vis them? What rights should they have? The course systematically exposes students to the legal foundations of childhood & family life. In the process, aspects of law not otherwise visible are revealed. No previous exposure to philosophy or children/family law is assumed. Graded on final paper. Students/auditors from other departments/universities are welcome. No pre/co-requisites. Variable 2/3 credits. Meets Upper-level Writing Requirement (if taken for 3 credits) & Perspectives.


Instructor(s): Paulo Barrozo

Prerequisites: None

Cross listed with:

Comments:

LAWS 9917 Philosophy of Law: Future of International Law Fall 3
Course Description

Taking globalization and the constitutional structure of the global order as points of departure, the course reflects on the future of international law as humanity’s emerging global law of freedom, equality, development, dignity, solidarity, progress, peace, and justice. International law is a creation of interest-charged contexts the curvatures of which are shaped by constellations of values. In the course we will enter these contexts in order to understand them and to be as critical and constructive as we are able to. Readings include decisions from international and transnational courts as well as theoretical works on international law and relations. Students from all schools and departments are welcome to enroll or audit. No prerequisites and no previous knowledge of international law or philosophy is assumed. 3-credits with possibility of 4th credit (additional 15-pages paper). May be taken pass/fail.


Instructor(s): Paulo Barrozo

Prerequisites: None

Cross listed with:

Comments:

LAWS 9918 Employment Discrimination Spring 3
Course Description

Employment Discrimination Law will focus primarily on the landmark Title VII of the Civil Rights Act of 1964, forbidding workplace discrimination because of race, color, religion, gender, or national origin. Like most such legislation, the language leaves enormous discretion in the courts to interpret the prohibitions, define the terms like "discrimination,""because of," etc., and formulate methods of proof and a remedial structure. We will study cases, work through problems, and explore the policy implications of judicial monitoring of workplace decision-making.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9922 American Legal History Spring 3
Course Description

This course surveys major developments of American legal culture, legal institutions, and the Constitution: (1) the seventeenth-century and British colonization (founding ideas of law and legal institutions; regulation of the family; the witchcraft trials; indentured servitude and slavery; property law; and legal practice and education); (2) the founding period (the legal formation of the United States); (3) the early nineteenth-century and Civil War (antebellum legal culture; the corporation; the Cherokees cases; antislavery and the Fugitive Slave Law; the Civil War and emancipation); (4) Reconstruction to the 21st century (women's suffrage; race relations; labor, property, and the corporation; legal education and the legal profession; the rising importance of rights; Reagan conservatism).


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9923 Federal Appeals Clinic Fall 4
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9925 Mediation Fall 3
Course Description

An introduction to the theory and practice of mediation necessary to understand the mediation process from the perspective of a mediator or as an advocate representing clients in the mediation process. Mediation is an assisted negotiation with the mediator acting as a third party neutral facilitator. Beginning with a review/overview of interest based negotiation, mediation theory, and the role of mediation in the legal system, then course progresses to include a skills training component of simulate cases with students participating as mediators and parties. The mediation process is examined and various skills and techniques of the mediator are taught. Understanding ethical practice and legislating related to mediation is an integral part of the course.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9926 Tax I (Individual Income Taxation) Fall/Spring 4
Course Description

Taxation I is the basic introductory course in federal income taxation. In contrast to courses in the first year, it is principally a statutory course, dealing with the Internal Revenue Code and the Regulations. The focus of the course is divided between mastery of the technical tax principles and understanding of the basic policy judgments which are implicit in those principles. For a student who takes no additional tax courses, Taxation I should provide an overall understanding of how the federal income taxation system functions. For students desiring to continue their studies of tax, Taxation I develops the themes which will be recurring in later courses and forms the basis on which the subsequent tax courses build.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9928 Federal Appeals Seminar Fall 1
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9930 Dispute Negotiation Fall 2
Course Description

This is an experiential course in which students will be active participants, negotiating cases on a weekly basis. The subject matter of the disputes will include: commercial transactions, gender bias issues, criminal plea bargaining, family law matters, personal injury cases, and other disciplines. Students will be introduced to the art of negotiating, reading body language and micro-messages, interviewing clients and reaching common ground with adversaries. The work will be critiqued as actual student negotiating sessions are taking place, all in an effort to familiarize students with various techniques, strategies, tactics, persuasive skills, and effective demeanor involved in successful negotiations. Although there will be some lectures, the emphasis of the course is "learn by doing."


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9931 Equity:Unjust Enrichment&Equitable Relief Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9932 Comparative Constitutional Law Spring 2
Course Description

This course will introduce students to the comparative study of constitutional law. Students will learn how to use the comparative lens to reflect on topics such as the organization of the state, the role of courts, the nature and structure of political power, forms of judicial review, the protection of fundamental rights, judicial methodology. There will be a take-home exam.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9933 First Amendment and Corporate and Commercial Speech Fall 3
Course Description

This seminar will address constitutional issues implicated in expenditures by corporations for expression on political and public questions, and by government regulation of commercial speech. Among the topics to be examined are the extent to which corporate laws authorize corporations to engage in political speech or in expression on other matters of public interest, and the normative considerations affecting exercise of such corporate power including its relationship to the values that the First Amendment is designed to protect. That examination involves questions as to which participants in the corporation should have a role in the corporate decision to engage in such expression. We will also study the Court's mixed responses to the


Instructor(s):

Prerequisites: Constitutional Law II or taking it concurrently.

Cross listed with:

Comments:

LAWS 9934 International Bankruptcy Fall 2
Course Description

regulation of commercial speech, including the considerations that are said to justify special judicial treatment for that category of speech, the nature of that different treatment, and the criteria by which to distinguish commercial speech from other expression.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9935 Criminal Justice Clinic (Class) Fall 4
Course Description

TBD


Instructor(s):

Prerequisites: Students must take or have taken Criminal Procedure, Evidence and Trial Practice

Cross listed with:

Comments:

LAWS 9937 Chinese Law Program Fall 2
Course Description

Through partnership with Indiana University- Indianapolis, BC law students enroll in the IU-Indianapolis China Law Program at Renmin University in Beijing, which runs late May-June. Students attend 2 or 4 weeks of classes taught by Chinese professors and visit legal institutions and cultural sites in the Beijing area. Students must commit by March 30. In addition to successful completion of the IU program, students will submit weekly journals to Prof. McMorrow. Students are responsible for the IU-Indianapolis program expense and all related travel and living expenses. Credit is allocated to the fall semester.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9940 Antitrust Law Spring 3
Course Description

Antitrust law issues abound in many areas of law, including corporate work, litigation, and even tax law. This course covers basic U.S. antitrust law, as codified in the major federal antitrust statutes, and the body of case law interpreting these statutes. Specific topics to be covered include agreements in restraint of trade, monopolization, vertical and horizontal mergers, price discrimination, and tying. No prior understanding of economics or trade regulation is required. Students will be instructed in the basic economics of competition and monopoly needed to analyze and practice antitrust law.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9942 Family Court Practice Spring 2
Course Description

This course is an introduction to the range of issues dealt with by family law practitioners. Starting with the more traditional subjects such as the psychodynamics of divorce, custody disputes, significant factors in the division of assets, the theory and practice of child support and alimony, tax ramifications of divorce, etc. This course addresses cutting edge issues in the evolving concept of family such as same sex marriage, de facto parents, assisted reproductive technology, and guardianships. The place of various forms of ADR including mediation as well as ethical considerations unique to family law practice will be discussed. Noted family law practitioners participate on a weekly basis in order to bring the course from theory to practice.


Instructor(s):

Prerequisites: None

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LAWS 9943 Criminal Procedure Fall 3
Course Description

This course will focus on constitutional limitations on police practices. The 4th, 5th, and 6th Amendments are examined as they affect the warrant process, searches and seizures, interrogations, confessions and identification. The course considers in depth the exclusionary rule and other legal controls on police conduct. The course presents a unique opportunity to explore and contrast various judicial philosophies within the Supreme Court regarding criminal procedural protection. Teaching methodology is a combination of lecture, discussion, videos, and Socratic dialogue.


Instructor(s): Robert Bloom

Prerequisites: None

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LAWS 9944 Business Transactions without Law: Private Ordering Spring 2
Course Description

This seminar will explore how businesses engage in transactions in the absence of formal legal structures


Instructor(s):

Prerequisites: None

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LAWS 9946 Advanced Criminal Justice Class (Defense) Fall/Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: Criminal Justice Clinic (LL935 and LL904); Evidence, Criminal Procedure

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LAWS 9949 Seminar on Financial Regulation & Reform Fall 3
Course Description

This seminar will study the U.S financial regulatory structure and recently enacted financial reforms. Students will gain a basic understanding of U.S. financial regulatory system, including banking regulation and oversight, securities regulation and corporate law. Recurrent themes will include problems stemming from regulatory overlap and gaps, regulatory arbitrage, federalism and the impact of deregulation. Guest speakers from government and practice will provide a practical perspective on these issues. The course will begin with an overview of the regulatory system that emerged as part of the New Deal. We will then focus on understanding and legal developments that emerged beginning in the 1980s, including the Gramm-Leach-Bliley Act of 1999, which dismantled significant aspects of the New Deal regulatory structure. We will examine the rapid changes in the financial industry that followed Gramm-Leach-Bliley and efforts of financial regulatory institutions to adapt.


Instructor(s):

Prerequisites: Corporations

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LAWS 9951 Technology Transactions and Licensing Spring 2
Course Description

This course will examine, from both the licensor's and the licensee's perspectives, the legal doctrines and related business concepts surrounding the licensing of patents, copyrights, trade secrets, trademarks and other proprietary rights in technology. Through a combination of case study, problems, simulated negotiations and drafting exercises, students will learn how and why participants in the information economy depend on licensing and related transactions as a vehicle for commercial exploitation of their technology assets and building enterprise value. The course will focus on developing basic, practical negotiating, drafting and analytical skills that students should find useful when advising technology-based clients. Although the course's emphasis on drafting and contract interpretation means it is, in many ways, an advanced contracts course, its reach is much broader and will touch on many other areas of the law.


Instructor(s):

Prerequisites: Either Intellectual Property Survey or both Patent Law and Copyright.

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LAWS 9953 Immigration Externship Fall/Spring 2
Course Description

The Immigration Externship Program provides students with the opportunity to develop their immigration lawyering skills and exposes them to the realities of immigration practice. Participants work either off campus at a firm or non-profit, or on campus with the Post-Deportation Human Rights Project. Practice areas vary but often involve asylum, adjustment of status for victims of domestic violence, employment-based, or deportation defense. Students state any preferences as to substantive areas of the law; type of work (e.g., client interviewing or brief-writing); or office environment (e.g., firm or non-profit).


Instructor(s): Amy M. Wax

Prerequisites: Immigration Law (LAWS7749)

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LAWS 9957 Sports Law Spring 3
Course Description

This course offers the study of selected topics in the application of law and legal thinking to sports. Particular attention is paid to how law or legal thinking shapes the business of sports and the behavior of those who run, play in, or regulate sports. Topics include league governance, merchandising, media rights, antitrust, labor law, and tort law. The class also includes on major simulation about the movement of college football teams to new conferences. The class requires a substantial research paper on a topic of the student's choice.


Instructor(s):

Prerequisites: None

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LAWS 9958 Regulatory Reform Seminar Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 9961 Lawyering and Ethics for the Business Attorney Fall 2
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 9964 International Tax Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: Basic course in Taxation

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LAWS 9966 Globalization&International Economic Law Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: International Business Transactions or Trade or Public International Law or with permission of instructor.

Cross listed with:

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LAWS 9967 Mental Health and the Law Spring 3
Course Description

As an area in which the law has undergone significant evolution to keep pace with advances in science and medicine, mental health law presents exceptional challenge to the practitioner. It spans a number of substantive areas of law which include criminal and civil rights law, tort law, and government regulatory practice. The course will focus on several critical areas. These include patient privilege, provider tort liability, involuntary civil commitment, incompetency to stand trial and criminal responsibility, and sexual predator laws including forensic issues in predicting future dangerousness. The course will address practical issues which arise for those who represent hospitals, psychotherapists, patients, and the criminally accused. This aspect of the course will include particular evidentiary issues likely to arise in proceedings relating to mental illness. Additionally, the course will explore broader policy issues which underlie legal treatment of those with mental illness, as


Instructor(s):

Prerequisites: None

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LAWS 9969 Environmental Law Fall 4
Course Description

The basic course in environmental law, studying a broad range of environmental cases--from pollution and nuclear issues to parks and wetlands--and focusing upon the legal doctrines, public and private law structures, and litigation techniques that apply to environmental protection controversies. This course studies the ways in which legal rules and procedures have been drawn from every corner of the legal system from tort and constitutional law to statutory and international law to handle environmental challenges of private and public actions. The course also serves as a case study in the implementation of public policy through litigation skills and legislative process.


Instructor(s): Zygmunt Plater

Prerequisites: None

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LAWS 9970 Complicity Fall 2
Course Description

This seminar draws upon philosophical, legal, and theological materials to consider to what degree agents are responsible when they contribute to?or benefit from?the wrongdoing of other agents. Key topics to be considered are: 11) the nature of complicity as a distinct moral problem ; 2) conspiracy and accessory liability in the criminal law; 3) theological concepts of cooperation with evil and appropriation of evil; and 4) market complicity


Instructor(s):

Prerequisites: None

Cross listed with: THEO8501

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LAWS 9971 Banking Regulation Spring 3
Course Description

This course examines why the banking industry is one of the most heavily regulated U.S. industries and how federal safety and soundness regulation works from cradle to grave. The course begins by providing a historical overview and analyzing the rationales for government intervention in banking. The remainder of the course examines the techniques used by the government to constrain the risk of bank panics, including entry controls (through chartering), activities restrictions, prohibitions against mixing banking and commerce, minimum capital and other prudential requirements, and limits on risky activities by bank conglomerates. Special attention will be devoted to federal deposit insurance and the FDIC's procedures for resolving insolvent banks. Students will consider how well these rules work and the reforms enacted after the financial crisis of 2008. This course does not cover consumer financial protection or provisions of the Uniform Commercial Code.


Instructor(s):

Prerequisites: None

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LAWS 9972 Lawyering with Spanish Speaking Clients Spring 2
Course Description

TBD


Instructor(s):

Prerequisites: Proficient to fluent Spanish

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LAWS 9974 Law of Democracy Fall 2
Course Description

The United States Constitution governs the political process even as its contours are themselves shaped by the political process. This enduring, and always evolving, relationship between the constitutional text and political practice stands at base of the American project of democracy—and it is the font from which spring the values and principles that underpin the American political process. This course will examine the foundations of democracy in the United States by identifying, probing and evaluating those values and principles through the lens of historical and contemporary constitutional politics. Topics will include presidential succession, vice presidential selection, senate confirmation, the rise of political parties, the regulation and administration of primary and general elections, judicial review of electoral processes, gubernatorial appointments to federal office, impeachment and constitutional change


Instructor(s):

Prerequisites: Constitutional Law I

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LAWS 9975 Criminal Procedure (Adjudication) Spring 2
Course Description

Through a combination of simulated courtroom presentations and readings, this course covers the law of post-arrest criminal procedure from bail and grand jury proceedings through pre-trial discovery, plea bargaining, jury selection, trial and sentencing. In addition to simulated exercises and feedback, discussion topics will range from Supreme Court cases to policy issues such as the ethics of plea bargaining and the role of race in our criminal justice system. This course provides three credits toward the experiential learning requirement.


Instructor(s): Robert Ullmann

Prerequisites: Criminal Law

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LAWS 9978 Civil Litigation Clinic Fall/Spring 3
Course Description

This civil clinical course allows students the opportunity to practice law under the close supervision of clinical faculty at the BC Legal Assistance Bureau (LAB). Students are legally certified to advise and represent clients in every aspect of civil litigation. Practice areas are family law, landlord-tenant, and public benefits appeals. Clinical faculty provide thorough feedback about students' work at all stages in order to help them build on their skills and learn from their experiences, including written feedback at both mid-semester and end of term. Seven-credit students are expected to spend an average of 20-25 hours/week on clinic matters; ten-credit students average 30-35 hours/week. Pass/fail and variable credit options can only be exercised at the beginning of the term. Enrollment, by lottery, is limited to 18 students in the Fall, and 12 in the Spring.


Instructor(s): Alan Minuskin, Alexis Anderson and Jane Biondi

Prerequisites: Students must take or have taken Evidence.

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LAWS 9979 Civil Litigation Clinic Class Fall/Spring 2
Course Description

Students enrolled in the Civil Litigation Clinic also participate in a weekly seminar where issues related to students' actual cases are examined. The practical, legal and ethical issues of lawyering are explored in detail through discussion, simulations, and review of video recorded portions of students' meetings with their clients. In addition to class participation, students draft four reaction papers during the term, reflecting on their lawyering, systemic challenges, and social justice issues which they have observed. Students receive the same grade for both their clinic and seminar work. Pass/fail can only be exercised at the beginning of the term. Selection by lottery.


Instructor(s): Alexis Anderson and Alan Minuskin

Prerequisites: Students must take or have taken Evidence.

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LAWS 9980 Family Law Seminar Spring 3
Course Description

This research seminar is devoted to writing a paper on a current issue in family law. For 2013-14 the issues will pertain to Parenthood. Under discussion will be issues pertaining to paternity, child custody in divorce, adoption and assisted reproductive technologies


Instructor(s):

Prerequisites: None

Cross listed with:

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LAWS 9981 Jessup International Law Moot Court Fall 3
Course Description

Department permission


Instructor(s): David Wirth and Thomas Carey

Prerequisites: None

Cross listed with:

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LAWS 9982 National Moot Court Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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LAWS 9983 U.C.C. Reporter Digest Fall 3
Course Description

Department Permission


Instructor(s): Ingrid Hillinger

Prerequisites: None

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LAWS 9985 Business Decisionmaking Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: Corporations

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Comments:

LAWS 9986 Journal of Law and Social Justice Fall 3
Course Description

TBD


Instructor(s): Kent Greenfield

Prerequisites: None

Cross listed with:

Comments:

LAWS 9987 International Comparative Law Review Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9989 Environmental Affairs Law Review Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

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Comments:

LAWS 9993 Estate and Gift Tax Fall 4
Course Description

Estate and Gift Tax considers the federal estate, gift and generation skipping tax provisions as they apply to transfers during life and at death. There are no prerequisites for this course, although students interested in practicing in the trusts and estates area are encouraged to also take Tax I. It is required of any student wishing to take Estate Planning. The course is taught using the Socratic and problem method and class participation is expected and encouraged.


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9994 First Amendment Moot Court Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9995 Immigration Law Moot Court Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

Comments:

LAWS 9996 Evidence Fall/Spring 3.0,4
Course Description

Evidence is the study of the methods by which litigants prove facts at trial. This course emphasizes the Federal Rules of Evidence and the common law from which those rules were developed. After examining the concept of relevance, the basic requirement for the admissibility of evidence, the course covers more complex topics such as hearsay, character evidence, impeachment, expert and lay opinion, and authentication of exhibits.


Instructor(s):

Prerequisites: None

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Comments:

LAWS 9999 Law Review Fall 3
Course Description

TBD


Instructor(s):

Prerequisites: None

Cross listed with:

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