Courses

  • LAW JD 762: Health Law Externship: Fieldwork (C)
    The Health Law Externship is a one semester clinical program where students work for credit at a non-profit health care organization. Students are required to apply and be accepted to the program before they may register. Through the program, students gain hands-on legal experience under the supervision of practitioners who are experts in the health law field. The Health Law Externship is offered in the fall to 3Ls only (or 2Ls with a prior health law background may be considered with permission of Mr. Moulton). The spring semester is open to 2Ls and 3Ls alike, but preference will be given to 3Ls who have not taken the Civil Litigation Program or the Legal Externship Program. Upon acceptance to the program, Mr. Ben Moulton works with students to identify suitable field placements depending on each student's individual interests and career goals. Once possible placement organizations are identified, students are responsible for applying to those organizations. Before the semester begins, students work with their placement supervisors to determine how many hours they will work during the semester. The schedule must be approved by Mr. Moulton. Students must adhere to this schedule throughout the semester. Students receive variable credits for the fieldwork component, determined as follows: * 3 credits = 150 hours total: * 4 credits = 200 hours total; and * 5 credits = 250 hours total. PREREQUISITE: Health Law (JD 867 in the Law School or LW 751 at the School of Public Health). COREQUISITE: Health Law Externship: Seminar (JD 764). NOTES: Participation in the Health Law Externship may count toward the Concentration in Health Law. This clinic satisfies the upper-class professional skills requirement.
  • LAW JD 763: Administrative Law Research
    Many practice areas, from environmental law to immigration law, are heavily regulatory. Learn about the structure of administrative law research, from enabling statutes to agency adjudication, in this class. The class will focus on developing your understanding of the structure of administrative agencies and using the various sources of administrative law. You will learn what information is available from government sources and what specialty publishers bring to the table with an emphasis on being cost effective in the workplace. Classes will combine instruction and hands-on exercises using the major print, electronic and web based resources in administrative law. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. NOTE: Students may not add this course after the first class has been held. This course meets January 20 through March 3, 2015.
  • LAW JD 764: Health Law Externship Seminar
    The Health Law Externship is a one semester clinical program where students work for credit at a non-profit health care organization. Students are required to apply and be accepted to the program before they may register. An integral part of the externship is a one hour weekly seminar examining various health law issues as well as the challenges of working in a non profit environment. The first meeting will orient you to the program; subsequent meetings will discuss the assigned readings in light of your experiences in the externship. The seminar requires students to write a paper and make a class presentation. In addition, each student keeps a weekly journal chronicling their educational experience and reactions to the practice of law observed at the field placements. COREQUISITE: Health Law Externship Program: Fieldwork (JD 762). NOTE: The Health Law Externship does not satisfy the professional responsibility requirement.
  • LAW JD 765: Africa i-Parliaments Drafting & Policy Clinic (C)
    The Africa i-Parliaments is a one-semester clinical program that will be offered in the fall. Students must apply and be accepted to the program before they register. In 2008, the United Nations Department of Economic and Social Affairs (UN/DESA), initiated a new program called the African Parliamentary Knowledge Network (APKN) to build the capacity of African parliaments to draft and enact more effective legislation. This clinic supports the APKN initiative by working with clients such as members of African Parliaments, government agencies, and regional government organizations. An in-house clinic, students take advantage of the materials held in the BU Library's various Africa collections, the internet, and communications technology to consult with clients and gather information on various substantive projects. Students work closely with student editors and the professors to produce high quality research reports and draft bill language. Students also add value to APKN by reporting on recently passed African statutes and governmental reform for publication on the APKN's Africa Parliamentary Information Exchange (http://apex.apkn.org/) methodology. Students receive 6 graded credits: 3 for the fieldwork and 3 for a weekly seminar. The weekly seminar focuses on the use of legislation for social change, the legislative processes of Africa, and evidence-based legislation. A limited number of students may satisfy the upperclass writing requirement through this clinic.
  • LAW JD 767: International Law & the International Economy (S)
    The objective of this course is to provide students with a broad overview of how international law shapes private and public behavior. The course will introduce you to the ways that international law is relevant to almost every area of modern legal practice - from divorce and adoptions to cross-border disputes corporate mergers to securities litigation. We will place private international economic law in its increasingly robust public international law context. Topics may include international trade, international arbitration, international investment law, cross-border transactions, and the Foreign Corrupt Practices Act. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
  • LAW JD 768: Criminal Motions and Advocacy
    Advocacy courses in law school tend to focus on the traditional Trial Advocacy model (opening statements, direct and cross examinations, and closing arguments) or post-trial Appellate Advocacy. The vast majority of cases, however, never reach trial. Criminal Motion Practice and Advocacy will look comprehensively at the pre-trial motions that comprise the bulk of criminal litigation. Students will have the opportunity to research, write, and argue their own pretrial motions against opposing counsel. The course will travel chronologically through the life of a criminal case, beginning at arraignment and focusing on the art of motions practice. In class exercises will include Motions to Dismiss based on the sufficiency of evidence, Motions to Suppress searches and seizures, Motions to Suppress Statements, and Motions to Suppress Identification. Students will also be invited to observe criminal lawyers argue Superior Court motions in the Suffolk County Superior Court. NOTES: This course satisfies the upper-class professional skills requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This course does not offer the CR/NC/H option. PREREQUISITE: Criminal Procedure. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list for a section are required to attend the first meeting to be considered for enrollment.
  • LAW JD 769: Compliance in Financial Services Companies (S)
    This Course deals with compliance mechanisms within large financial organizations. Compliance includes observing the law and following internal rules within the institution. The purpose of the Course is to offer a fundamental preparation to the lawyer in a large financial institution's Legal Department or a separate Compliance Department. This Course covers the following: * The history of compliance within United States and global financial services companies; * The interaction between business processes and compliance processes; and, in some respects, the law and its enforcement within organizations; * The profession of compliance: The roles of the Chief Ethics & Compliance Officer, The Auditor; the Legal Officer and the interaction among them * Defining best practice, business process, risk assessment and controls and their interactions within the global financial service company; * A broad outline of regulations applicable to global financial services companies; the respective roles of corporate governance functions, such as: finance, internal audit, independent auditors, legal, compliance, and ethics departments, and risk management, and international issues. * Asset management: an overview of the regulation of broker dealers, insurance, and banking. * Interacting with regulators, and investigations * Business ethics and culture in large organizations. The reading materials for the Course are prepared by Professor Lee D. Augsburger (Chief Compliance Officer of Prudential Insurance Company) and Professor Tamar Frankel. Students will complete a take-home examination of approximately 7 hours. Grades will be adjusted for class preparation and participation. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.
  • LAW JD 770: Introduction to Financial Restructuring Practice (S)
    This seminar is designed to provide students with an introductory and practical understanding of certain fundamental aspects of corporate financial restructuring. The seminar focuses on the representation of distressed companies, major creditors, and investors in high-stakes restructuring matters, with an emphasis on (i) comparing out-of-court and in-court restructuring alternatives for distressed companies and their stakeholders; (ii) benefits and risks associated with the commencement and administration of a case under chapter 11 of the Bankruptcy Code; (iii) the typical timeline, major players, and milestones associated with the chapter 11 process; (iv) strategies for effective restructuring negotiations; and (v) "hot topic" controversies in recent chapter 11 cases. Course materials will consist of recent court decisions and pleadings from noteworthy chapter 11 cases, and select articles concerning significant developments in restructuring law and practice. In addition to class participation, grading will be based upon one term paper of approximately 12 - 15 pages in length. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. This class will meet once every two weeks. Meeting dates are as follows: 9/4, 9/11, 10/9, 10/30, 11/13, 12/4 . **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
  • LAW JD 772: Transaction Simulation: Sale of a Family Business and Related Real Estate
    This course is one of the "capstone" semester-long transaction simulations offered as part of the School's Transactional Law Program. The simulated transaction involves the consolidation of ownership of a family-owned company in a manner and through agreements that address the differing expectations and interests of the company's two shareholders: (i) the company's chief executive and majority owner seeking to obtain sole ownership of the business, and (ii) his sister, a minority shareholder not active in the business, seeking a risk-free separation from the business and an assured pay-out over time. The company, whose main office is in Massachusetts, operates a chain of drugstores in three New England states and New York. The company leases all the store sites from limited liability companies which own the properties and which are themselves owned by the chief executive and his sister in approximately the same proportions as their ownership of the company . The course is intended to expose students to the principal tasks undertaken by both junior and more senior attorneys in this type of transaction, and in doing so to build skills students will need as they enter transactional practice. The class will be divided into teams representing one of the participants in the transaction. Students will perform the key analytical, drafting and other legal tasks required to effectively represent their respective clients during various stages of the transaction from inception through closing, including the following: * through review of client emails and through client interviews, understanding the clients' key business objectives, * determining an appropriate transaction structure and types of agreement(s) to implement the same, * preparing and negotiating a letter of intent reflecting the material terms of the transaction, * preparing a due diligence checklist, conducting relevant due diligence and preparing a due diligence report to the client, * reviewing and negotiating key provisions of a definitive stock purchase agreement for the transaction, * reviewing and negotiating key provisions of a lease and related real estate documentation to implement the real property aspects of the transaction, * preparing board and stockholder approvals, and * preparing a closing agenda and closing documents, and completing the closing. The course grade will be based on periodic drafting and other written assignments (both in-class and homework), contributions to team efforts, and class participation. CLASS SIZE: Limited to 12 students. PREREQUISITES: Corporations and Contract Drafting NOTES: This seminar does not satisfy the Upper-Class Writing Requirement. This seminar satisfies the Upper-Class Professional Skills Requirement. RESTRICTION: Students may only take one transaction simulation course during their time at BU Law. GRADING NOTICE: This class will not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait are required to attend the first meeting to be considered for enrollment.
  • LAW JD 773: Transaction Simulation: Auction and Sale of a Private Company
    This course is one of the "capstone" semester-long transaction simulations offered as part of the School's Transactional Law Program. The simulated transaction is the auction and sale of a privately-held company in the single-cup coffee brewing industry. The course exposes students to the principal tasks undertaken by both junior and more senior attorneys in a private company auction and sale, and in doing so builds skills students will need as they enter transactional practice. Students will perform the key analytical, drafting and other legal tasks required to effectively represent their client during various stages of the transaction from inception through closing, including the following: * engaging a financial advisor; * reviewing a confidential information memorandum; * preparing and negotiating confidentiality agreements with potential purchasers; * conducting a due diligence review; * evaluating initial indications of interest from potential purchasers; * reviewing second round "final" bid letters; * marking-up and negotiating a form merger agreement; * preparing disclosure schedules; * drafting various materials for use at a board of directors' meeting; and * preparing closing documents in connection with the closing of the transaction. Some of the course work, including negotiations and drafting, will be done in teams representing the company being sold or a potential purchaser of that company. The course grade will be based on periodic drafting assignments (both in-class and homework), contributions to team efforts and individual class participation. CLASS SIZE: Limited to 12 students. PREREQUISITES: Corporations and Contract Drafting. NOTES: This course does not satisfy the Upper-Class Writing Requirement. This course satisfies the Upper-Class Professional Skills Requirement. RESTRICTION: Students may only take one transaction simulation course during their time at BU Law. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.
  • LAW JD 774: Transaction Simulation: Transfer of a Shopping Center
    This course is one of the "capstone" semester-long transaction simulations offered as part of the School's Transactional Law Program. The simulated transaction involves the sale of an upscale shopping center which because of Federal Tax consequences, will be carried out through a master lease. The course is intended to expose students to the principal tasks undertaken by both junior and more senior attorneys in this type of transaction, and in so doing to build skills students will need as they enter transactional practice. For much of the course, the class will be divided into teams representing the seller/lessor and buyer/lessee. Students will perform the key analytical, drafting and other legal tasks required to effectively represent their respective clients during various stages of the transaction from inception through closing, including the following: through review of client emails and client interviews, understanding the clients' key business objectives, determining an appropriate transaction structure and types of agreement(s) to implement the same, reviewing and revising a confidentiality agreement, preparing and negotiating a letter of intent reflecting the material terms of the transaction, preparing a due diligence checklist and conducting relevant due diligence, reviewing and negotiating key provisions in the master lease, preparing a closing agenda and closing documents, and completing the closing. The course grade will be based on periodic drafting and other written assignments (both in-class and homework), contributions to team efforts, and individual class participation. CLASS SIZE: Limited to 12 students. PREREQUISITES: Corporations and Contract Drafting (May be waived with the permission of the Instructors) NOTES: This course does not satisfy the Upper-Class Writing Requirement. This course satisfies the Upper-Class Professional Skills Requirement. RESTRICTION: Students may only take one transaction simulation course during their time at BU Law. GRADING NOTICE: This class will not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.
  • LAW JD 776: Intellectual Property Workshop (S)
    This seminar will intensely examine a small number of topics from the frontier of intellectual property law ("IP"). I will invite several intellectual property scholars to present their works-in-progress. Students will be required to read the works in advance, and will be assigned additional reading as appropriate. The scholars will present their scholarly articles, and students will respond with questions, comments and critiques. The seminar's goals are treble: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in, and potentially publish their own work in, scholarly debate, and for scholars in the midst of the publication process to improve their papers through the input of the workshop group. Students must have taken or be currently enrolled in a course in IP, Copyright, Patent, or Trademark. Students who have not taken such a course (or who are not enrolled currently in such a course) must obtain the permission of the instructor. Preference for entry will be given to JD students pursuing an "IP Concentration", students pursuing an LLM in American Law degree with an IP concentration, and to LLM students pursuing a master's degree in IP. The seminar is also open to other JD and LLM students, and to students outside the law school. Overall enrollment is tentatively capped at 18; students beyond that number can be admitted with the permission of the instructor. Students have the option of writing many short response papers, or of writing a single in-depth paper in IP. The latter option can fulfill the JD Upper Class Writing Requirement. ENROLLMENT LIMIT: 18 students. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
  • LAW JD 780: Trademark and Unfair Competition
    This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, misappropriation, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, and the question of whether trademarks are, or should be, "property."
  • LAW JD 781: International Taxation I: Trade, Investment and Finance
    Tax aspects of international business transactions, both "inbound" and "outbound", with particular attention to fiscal jurisdiction, the foreign tax credit, allocation of income among affiliated companies, treaties, anti-abuse measures aimed at tax haven operations, information reporting and foreign investment in U.S. securities and real estate. PREREQUISITE/COREQUISITE: INTRODUCTION TO FEDERAL INCOME TAXATION is a recommended prerequisite, but required at least as a corequisite. RESTRICTION: Students may not enroll in the International Tax seminar (JD918) and this course. NOTE: This course (and the final exam) is administered through the Graduate Tax Program (Room 1670). This section is for pre-registration purposes only. Students will be transferred to the Tax section (TX906) of the course during the summer.
  • LAW JD 783: Transaction Simulation: Int'l Business Collaboration
    This course is one of the "capstone" semester-long transaction simulations offered as part of the School's Transactional Law Program. The simulated transaction involves two companies, one a large U.S.-based pharmaceutical company, and the other an African company majority owned by the government. The two companies are interested in working together to produce and commercialize a plant-based product which may be effective in treating, and possibly even preventing, arthritis. The pharmaceutical company has developed and patented a process to extract the active ingredient from the plant which is available in ample supply from the African company. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. For much of the course, the class will be divided into two teams, with each team representing one of the parties to the potential transaction. Negotiations between the two teams will take place through written exchanges and real-time negotiation. The course provides students with an opportunity to gain insight into the dynamics of negotiating and structuring business transactions, to learn about the role that lawyers, law and business play in these negotiations, and to develop experience in drafting communications and actual negotiations. Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements, particularly in an international transaction. CLASS SIZE: Limited to 12 students (6 JD and 6 LLM). PREREQUISITES: Corporations and Contract Drafting (LLM students will take Transactional Contracts as a co-requisite in lieu of Contract Drafting). NOTES: This course does not satisfy the Upper-Class Writing Requirement. This course satisfies the Upper-Class Professional Skills Requirement. RESTRICTION: Students may only take one transaction simulation course during their time at BU Law. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment. NOTES: This course satisfies the Upper-class Professional Skills Requirement. Given the team approach of this course, it may not be taken on a CR/NC/H basis. During their time at BU Law, students may take only one Transaction Simulation course offered as part of the Transactional Law Program.
  • LAW JD 784: Crossborder Litigation in Practice
    The course will expose students to the practical aspects of cross border litigation by examining in depth] the ongoing 20+ year legal conflict among Chevron, the State of Ecuador, the indigenous tribes of the Lago Agrio, and two leading American law firms over claims concerning the pollution of a 4,000 square kilometer area of Ecuador. Through the lens of this complex, multi-jurisdictional dispute, the class will examine the types of legal, business, strategic and political issues raised in such a high-profile, "bet the company" dispute, including the Alien Tort Claims Act, the $9.5-billion judgment in Ecuador against Chevron, the Racketeer Influenced and Corrupt Organizations Act, the impact of bilateral investment treaties, and tactics employed in pursuit of and defense against the recognition and enforcement of a foreign judgment. Readings will include the "Invictus Memo" by which Patton Boggs set out a settlement strategy for the plaintiffs and the ruling in the RICO litigation against the plaintiff's lawyers. By the end of the course, students will have an understanding the resources required and the challenges faced in pursuing multi-jurisdiction claims against a multinational corporation.
  • LAW JD 785: Federal Civil Practice (S)
    This seminar will focus on the specific application of the federal rules of civil procedure to pretrial civil practice. Each pretrial phase of a case (from the complaint to the answer to motions to dismiss to discovery to summary judgment) will be unpacked with reference to the applicable civil rules. The idea is to reach the same level of detail in analysis and close reading of the rules as that required of a new litigation associate. This will involve considerations of computation of time, deadlines, pleading rules, Rule 12, Rule 16, Rule 26, the local rules of civil procedure, and the like. The class will proceed with students drafting and discussing the various documents relevant to pretrial procedure. From a prewritten factual scenario, students will draft complaints, answer their colleagues' complaints, move to dismiss their colleagues' complaints, draft discovery documents, move for summary judgment, etc. Grades will be derived from classroom discussion and written product. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
  • LAW JD 786: American Legislative Practice: Clinic Option (C)
    NOTE: Restricted to students who apply and are accepted into the program. The American Legislative Practice Clinic is a one-semester clinical program (six graded credits), offered in the fall and spring. The in-class seminar will cover subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. The clinic gives students the opportunity to develop and apply a variety of legal skills to the legislative process. Clinic participants work on several projects during the semester that highlight different aspects of the legislative process, allowing students to relate and test the theories discussed in class to real life situations.
  • LAW JD 788: Contract Drafting
    This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it requires that students complete in-class exercises and extensive homework assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. Grades will be based on the graded assignments, good faith completion of ungraded assignments, and class participation. ENROLLMENT LIMIT: 12 students. NOTE: This class satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list for a section are required to attend the first meeting to be considered for enrollment.
  • LAW JD 790: Employee Benefit Plans
    This course provides an overview of the major mandatory and non-mandatory employee benefits-deferred compensation, workers compensation, unemployment insurance, health insurance, the Fair Labor Standards Act, and Social Security. An in-depth examination of ERISA occupies approximately 8 weeks of the course. This is a growing and dynamic practice area. We will study qualified plans, plan design, Section 510 (benefits discrimination) cases, COBRA and claims for benefits cases. A three hour final examination is required.